http://www.azcentral.com/arizonarepublic/local/articles/1203demotedcop03.html

Phoenix sergeant admits canceling parking tickets

David J. Cieslak
The Arizona Republic
Dec. 3, 2004 12:00 AM

The Phoenix Police Department is overhauling the way it voids parking citations after a veteran sergeant was demoted for repeatedly canceling tickets issued for his own car and a vehicle belonging to the operator of a popular downtown eatery.

William Wren, who has been with the department for 25 years, was demoted to the rank of officer and removed from the Downtown Operations Unit last month after a lengthy internal investigation, according to documents obtained by The Arizona Republic through a public records request.

During the investigation, Wren admitted that he voided parking tickets issued to his vehicle, including a citation he received last year when he was off-duty and getting a haircut.

"I'm willing to take the consequences for that because this is the dumbest thing I ever saw in my life," Wren told police investigators, referring to the citation issued during the haircut.

The investigation led the agency to order supervisors to use a computerized system that voids tickets - a system Wren reportedly bypassed - and now requires approval from commanders, said Phoenix police Cmdr. Kim Humphrey, a department spokesman.

In addition, the circumstances behind all citations also must be investigated before the tickets are considered for cancellation, Humphrey said.

"Once this issue came to light, a new process was put into place to ensure the problem didn't continue," Humphrey said.

In an interview Thursday night, Wren said he will appeal the discipline through the city's Civil Service Commission and has the backing of the Phoenix Law Enforcement Association. Wren said high-ranking department officials asked him to void tickets and that he was stunned to learn they were not supporting him during the probe.

"The actions I took were for the best interest in the city, the downtown community and for the good of the police department. People told me I restored their faith in the department," said Wren, who has received several awards and commendations during his career. "This makes me look like a real scapegoat."

On several occasions, Wren told investigators he canceled tickets issued downtown because the department was being inundated with complaints from the businesses, saying parking enforcement personnel were overzealous and targeting certain people.

"Public relations is never a valid reason to void a ticket," Humphrey said.

"Nobody told him he could do that, nor was it standard practice by anybody but him."

Wren also canceled at least eight citations issued last year to A.J. Sulka, managing partner of Majerle's Sports Grill in downtown Phoenix, records show.

"The biggest thing was a safety issue, and sometimes parking at night downtown isn't the safest thing. Bill was concerned for me and other downtown business owners," Sulka said Thursday night. "This wasn't a quid pro quo deal, and I think Bill's getting a bad rap."

After Sulka was cited for parking in a restricted area outside the restaurant, he gave the citations to another downtown business manager who turned them over to Wren for cancellation, records show.

The other business owner, identified by police as Eric Ansel, owner of Art's Fisheries and the Rocky Point Shrimp Association in downtown Phoenix, told investigators that Wren also voided citations issued to an employee, a customer at Ansel's businesses and Ansel's mother.

Though Wren and other officers work off-duty as security guards at Ansel's businesses, both Ansel and Wren told investigators that the relationship did not play a role in the ticket cancellations.

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http://www.azcentral.com/news/articles/1203gitmo03.html

Evidence obtained by torture OK against detainees, U.S. says

Michael J. Sniffen
Associated Press
Dec. 3, 2004 12:00 AM

WASHINGTON - U.S. military panels reviewing the detention of foreigners as enemy combatants are allowed to use evidence gained by torture in deciding whether to keep them imprisoned at Guantanamo Bay, Cuba, the government conceded in court Thursday.

The acknowledgment by Principal Deputy Associate Attorney General Brian Boyle came during a U.S. District Court hearing on lawsuits brought by some of the 550 foreigners imprisoned at the U.S. naval base in Cuba. The lawsuits challenge their detention without charges for up to three years so far.

Attorneys for the prisoners argued that some were held solely on evidence gained by torture, which they said violated fundamental fairness and U.S. due process standards. But Boyle argued in a similar hearing Wednesday that the detainees "have no constitutional rights enforceable in this court."

U.S. District Judge Richard J. Leon asked if a detention would be illegal if it were based solely on evidence gathered by torture, because "torture is illegal. We all know that."

Boyle replied that if the military's combatant status review tribunals (or CSRTs) "determine that evidence of questionable provenance were reliable, nothing in the due process clause (of the Constitution) prohibits them from relying on it."

Leon asked if there were any restrictions on using evidence produced by torture.

Boyle replied the United States would never adopt a policy that would have barred it from acting on evidence that could have prevented the Sept. 11, 2001, terrorist attacks even if the data came from questionable practices like torture by a foreign power.

Evidence based on torture is not admissible in U.S. courts. "About 70 years ago, the Supreme Court stopped the use of evidence produced by third-degree tactics largely on the theory that it was totally unreliable," Harvard Law Professor Philip B. Heymann, a former deputy U.S. attorney general, said in an interview. Subsequent high court rulings were based on revulsion at "the unfairness and brutality of it and later on the idea that confessions ought to be free and uncompelled."

Boyle said torture was against U.S. policy and any allegations of it would be "forwarded through command channels for military discipline." He added, "I don't think anything remotely like torture has occurred at Guantanamo."

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the arizona republic thinks homeless are vermin who should be banned from phoenix parks

http://www.azcentral.com/arizonarepublic/northphoenix/articles/1203exedit1203Z3.html

Parks should be safe and welcoming to all
They aren't shelters

Dec. 3, 2004 12:00 AM

Hey, it's a park, not a flophouse.

A park, not a social service agency.

A park, not a shelter. advertisement

Parks are for everybody, designed, planned and built to satisfy the recreational and leisure needs of the entire community, not just a segment of it.

And the presence of homeless men and women sleeping on park benches and on the grass during the day is ruining the park experience for more and more Phoenix residents.

You don't have to be cold-hearted or unsympathetic to the homeless' plight to recognize they shouldn't be setting up housekeeping in our city parks.

Think of a park and what it should be: serene, relaxing, playful, fun, inviting, enjoyable, soothing, natural, a refuge.

A place for a stroll or a game of touch football.

Not a place for your children to be panhandled by a scruffy stranger.

Unfortunately, the presence of homeless people in our city parks has become a major residential problem in all areas of the city, not just downtown.

We certainly agree that the homeless need basic life services, food, shelter and hygiene.

But parks are not set up to supply those services. And neither are residential neighborhoods. That's the point citizens are making to city officials and council members. Not all the parks have restroom facilities, for example, creating a public health hazard.

"People are afraid of them," observes Jim Brown, president of the Pasadena Neighborhood Association in north-central Phoenix, where Colter Park is now seen as more of a liability than an asset.

Council members and staff should not hesitate in taking a necessary first step: expanding the scope of a current ordinance restricting daytime camping in downtown Patriots Square. The restriction should apply to all city parks.

It's already prohibited to sleep in a city park after it's closed at night.

It seems logical that it should be unlawful to roll out the blankets and sleeping bags and hang out for hours at a time while the park is open.

The ordinance is aimed at taking back control of the parks, not in leaving the homeless to fend on their own. Park rangers already explain where the homeless can find services. Indeed, Phoenix, Maricopa County and several social service agencies are cooperating in a massive reorganization of services, setting up a downtown homeless campus.

Additional steps to assist the homeless might be required.

But a city park should be open and accessible and unintimidating for all our residents. Council members should adopt the new ordinance.

It's a park, not a shelter.

Ansel did not return phone calls seeking comment. Neither Sulka nor Ansel faced legal consequences for their actions.

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When President Bush declared major combat operations were over May 1, 2003, the United States had about 148,000 troops in Iraq
http://www.azcentral.com/news/articles/1202IraqTroops02-ON.html

U.S. force in Iraq to grow to highest level of war

Associated Press
Dec. 2, 2004 07:05 AM

WASHINGTON - With the insurgency still a threat to Iraq's planned elections, the U.S. force is about to expand to its highest level of the war - even higher than the initial invading force in March 2003.

The force will grow from 138,000 today to about 150,000 by mid-January, the Pentagon said Wednesday.

Extra troops are needed to bolster security before the national elections scheduled for Jan. 30. The increase in troop strength also underscores the fact that, despite enormous effort and cost, American commanders have yet to train and equip enough Iraqis for security duty.

Lt. Gen. Lance Smith, deputy commander of Central Command, which is responsible for U.S. military operations throughout the Middle East, told reporters at the Pentagon last month that the insurgents have managed to intimidate many Iraqis into not cooperating with the Americans.

The expansion of the U.S. force also recalls assertions made by some Bush administration officials when the invasion was launched that although stabilizing the country would not be easy or cheap, it certainly would not require more U.S. troops than it took to topple Baghdad.

As it turns out, the post-invasion period has been far costlier in blood and treasure than almost anyone predicted. When President Bush declared major combat operations were over May 1, 2003, the United States had about 148,000 troops in Iraq - slightly more than when the war began two months earlier and more than were there when Baghdad fell in early April.

The Pentagon said Wednesday that Defense Secretary Donald H. Rumsfeld approved a plan to send 1,500 soldiers of the 82nd Airborne Division from Fort Bragg, N.C., to Iraq this month and to extend by 60 days the combat tours of about 10,400 soldiers and Marines in Iraq who were to come home in January.

Most of those whose tours are being extended will serve two months longer than the 12-month tours the Army set as a standard limit to avoid putting too much stress on troops and their families.

The 12,000-troop increase is to last only until March, but it says much about the strength and resiliency of an insurgency that U.S. military planners did not foresee even a year ago, when they were focused on capturing deposed Iraqi President Saddam Hussein.

Pentagon officials said they preferred to expand the force in Iraq mainly by keeping some troops there longer rather than sending thousands of fresh troops from the United States.

"They are the most experienced and best-qualified forces to sustain the momentum of post-Fallujah operations and to provide for additional security for the upcoming elections," a Pentagon statement said.

The military normally is reluctant to extend soldiers' combat tours because of the potential negative effect it could have on their families, and thus on their willingness to remain in uniform. In this case, Gen. George Casey, the most senior U.S. commander in Iraq, decided it was necessary to keep up pressure on the insurgents while providing security for the elections.

One unit, the 2nd Brigade of the 1st Cavalry Division, is being extended for the second time. Its soldiers originally were told they would be going home in November at the end of a 10-month assignment, but in October they got the news they would remain until mid-January. Now they are being extended until mid-March.

Rumsfeld's decision also applies to:

About 4,400 troops of the 2nd Brigade of the 25th Infantry Division, which is operating in north-central Iraq. They will stay until mid-March, instead of departing in early January. Those soldiers' home bases are mostly in Hawaii.

About 2,300 members of the 31st Marine Expeditionary Unit, based in Okinawa, Japan, Hawaii and California, who will stay until mid-March instead of leaving in January.

About 160 soldiers of the 66th Transportation Company, based in Germany. They were due to depart Iraq in early January but instead will stay until early March.

The Army generally relies upon the 82nd Airborne to keep one of its three brigades on short-notice alert year-round to deploy abroad if there is a crisis. Shortly before the October elections in Afghanistan, about 600 members of the 82nd Airborne were sent there to strengthen security.

Sen. Jack Reed, D-R.I., a critic of the administration's handling of the war, said the Pentagon's announcement confirmed that the effort to stabilize Iraq would take years, with no certainty of success.

"This announcement makes it clear that commanders in Iraq need more troops and that this will be a long and very expensive process for the United States," Reed said. "It is still not clear whether Iraq will emerge from this chronic violence as a viable and stable country."

---

On the Net:

Defense Department: http://www.dod.gov

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http://www.azcentral.com/news/articles/1202suppress02.html
Judge: Police raid of Hells Angels was 'attack'

Brent Whiting
The Arizona Republic
Dec. 2, 2004 12:00 AM

A judge has taken police to task for a drug raid on a Hells Angels clubhouse in north Phoenix in which a man was shot.

In a blistering decision, Judge Michael Wilkinson of Maricopa County Superior Court described the early-morning operation as an "attack" that violated Arizona search-and-seizure laws.

The judge tossed out key evidence police obtained against the injured man, Michael Wayne Coffelt, a Phoenix resident and prospective Hells Angels member.

Coffelt, 42, had been scheduled to stand trial Jan. 5 on charges of aggravated assault against the Glendale officer who shot him.

Richard Schonfeld, a Las Vegas defense lawyer, said Wednesday that Wilkinson's order effectively guts the prosecution's case.

"The judge correctly interpreted the evidence," he said. "This is a first step toward redressing the grievance of Mr. Coffelt, . . . who was the victim here."

Wilkinson, in a two-page order issued Monday, ruled that police made an illegal entry in the 4:42 a.m. raid by attacking the rear of the clubhouse.

The assault came within the six seconds it took Coffelt, who was inside the house, to respond to police knocking on the front door, the judge said.

Clearly, officers failed to wait a reasonable time before firing a "diversionary grenade" and breaking a window, he said.

Coffelt was armed with a handgun when he came to the front door, Wilkinson said.

"This would appear to be reasonable behavior, given the hour and the fact that the house was under attack," he said.

The raid took place July 8, 2003, as part of a multiagency law-enforcement sweep across Arizona.

Officer Laura Beeler, who at the time was 33 and a nearly nine-year member of the Glendale force, shot Coffelt with a rifle. Beeler claimed that Coffelt took aim at her and fired once, but investigators determined that Coffelt never fired. The handgun recovered from him was fully loaded, police said.

Wilkinson ruled that Beeler was "incorrect" in claiming that she had been fired upon.

"But with the attack at the rear of the house, the diversionary grenade being set off and a 'break and rake' of the window, it was an understandable mistake," Wilkinson said.

Bill FitzGerald, a spokesman for the Maricopa County Attorney's Office, said there has been no final decision on whether to appeal.

Schonfeld, the lawyer for Coffelt, said that still unresolved is a federal lawsuit that Coffelt filed against Glendale, Beeler and others on July 7, seeking unspecified damages.

Andrew Kirkland, Glendale's police chief, declined to comment on Monday's ruling because of the federal litigation, but he did say that officers had a valid search warrant.

Beeler has been cleared of any wrongdoing in the shooting by county prosecutors, as well as the Glendale police's Use of Force Review Board.

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http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/10306309.htm?1c

SAN FRANCISCO (AP) - A federal police officer has been accused of covering up for two colleagues who shot at a motorist.

A federal grand jury on Nov. 23 indicted Charles Jackson, a special agent with the Federal Protective Service, on charges he falsified records in an investigation, court records show.

Former federal officers Peter Taoy and John Haire pleaded guilty Nov. 15 to falsely accusing a motorist of attempting to run them over. The motorist, Jeffrey Petri, spent six days in jail last year on false charges of assaulting an officer.

The two said they engaged in a high speed chase with Petri after he ran a red light near the federal building in February 2003. Taoy fired several shots into the left front tire of Petri's Mercedes-Benz, then made up the story that Petri tried to run them over.

Both have resigned from the force and are to be sentenced March 7.

Haire said he went along with Taoy's "untrue story" because of "peer pressure," according to his plea agreement.

Jackson allegedly failed to disclose that Haire recanted his claim that Petri ran a red light. Authorities said the incident took place several blocks away, where federal police have no jurisdiction.

http://www.usatoday.com/news/nation/2004-11-30-recruiters_x.htm

Federal security official in Phoenix indicted
By Kim Smith, Tribune

A federal security official from Phoenix has been accused of falsifying records in connection with a San Francisco shooting that involved two other federal agents.

According to an indictment unsealed Tuesday in the U.S. District Court in San Francisco, Charles Jackson, a Federal Protective Services special agent, was assigned to investigate a shooting involving federal officers Peter Taoy and John Haire in February 2003.

Taoy claimed that a man named Jeffrey Petri tried to run him down following a pursuit near the San Francisco Federal Building.

Jackson is accused of not telling authorities that Haire confessed that he had never seen Petris car drive by the federal building.

"The information that defendant Charles Jackson failed to disclose contradicted evidence that defendant Charles Jackson knew had been presented to the FPS, the U.S. Attorneys Office for the Northern District of California, and a Federal Magistrate-Judge in connection with Petris arrest and detention," the indictment reads.

The indictment states Jackson "substantially interfered with the administration of justice" and he "abused a position of trust he held as a FPS special agent."

George Walker, Jacksons attorney, did not return a call.

Jackson has since been assigned to the agencys office in Phoenix, according to a Tuesday story in the San Francisco Chronicle. Federal Protective Services is a division within the U.S. Immigration Customs and Enforcement.

Jackson is scheduled to be arraigned Dec. 7 in San Francisco.

Contact Kim Smith by email, or phone (480) 898-6334

http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2004/11/30/BAGAPA3OOV1.DTL

SAN FRANCISCO
Federal agent charged in case where colleagues made up story
Official accused of falsifying records in high-speed chase
Henry K. Lee, Chronicle Staff Writer

Tuesday, November 30, 2004

A federal police official has been charged with covering for two colleagues in San Francisco who invented a story about a motorist trying to run them down to explain why one of them shot at the man's car.

Charles H. Jackson, a special agent with the Federal Protective Service, was indicted by a federal grand jury in San Francisco on a charge of falsifying records in a federal investigation, court records show.

Former federal officers Peter Taoy and John Haire pleaded guilty Nov. 15 to causing Jeffrey Petri to be jailed for six days last year on false charges of assaulting a police officer.

Taoy and Haire tried to pull Petri over after he ran a red light Feb. 15, 2003, but engaged in a high-speed chase to do so, authorities said. Federal police policy bans such chases for simple traffic violations.

The officers pinned their patrol car against Petri's Mercedes-Benz at Green and Larkin streets. Taoy fired several shots into the left front tire of the car, then concocted the accusation that Petri had tried to run him over, authorities said.

Haire said he went along with Taoy's "untrue story" because of "peer pressure," according to Haire's plea agreement.

Jackson, serving as an investigator, allegedly failed to disclose in a report that Haire had recanted his initial claim that he and Taoy had given chase after seeing Petri run the red light near the Federal Building. In reality, the incident happened several blocks away, where federal police have no jurisdiction, authorities said.

The Nov. 23 indictment said Jackson "substantially interfered with the administration of justice" and "abused a position of trust."

"The Department of Justice will not, under any circumstances, tolerate this conduct, and we will prosecute those who violate our laws, including those who are sworn to uphold the law," said U.S. Attorney Kevin Ryan in San Francisco.

Jackson's attorney, George Walker of San Francisco, questioned the indictment Monday, saying his client had taken the accused officer's statements at face value and then notified superiors when he noticed discrepancies.

"His job was not to investigate the officers. His job was merely to review the reports of the officers," Walker said. "It's really a shame. He's almost a 20-year veteran with an impeccable record."

In court papers, Jackson is described by federal prosecutors as having confronted Haire "with certain evidence about the incident," including a video recording from a Federal Building security camera.

Haire told Jackson that Taoy was lying about the incident, court papers said. The indictment against Jackson said the information he failed to disclose "contradicted evidence that (Jackson) knew had been presented to (authorities)."The case shines a rare spotlight on the federal police agency, which provides security and law enforcement for more than 8,800 federal facilities nationwide and is part of the U.S. Immigration and Customs Enforcement.

Officials with both agencies declined comment or did not return calls Monday.

Taoy pleaded guilty to charges of conspiracy against rights and making false statements. Haire pleaded guilty to deprivation of rights under color of law. Both have resigned from the force and are to be sentenced March 7.

Jackson is now a special agent in the Phoenix office, authorities said. He is expected to appear in U.S. District Court in San Francisco this week, his attorney said.

Federal prosecutors in Los Angeles and from Washington, D.C., are handling the Taoy, Haire and Jackson cases because federal prosecutors in San Francisco recused themselves on the grounds they could be witnesses.

E-mail Henry K. Lee at hlee@sfchronicle.com.

http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/10306309.htm?1c

SAN FRANCISCO (AP) - A federal police officer has been accused of covering up for two colleagues who shot at a motorist.

A federal grand jury on Nov. 23 indicted Charles Jackson, a special agent with the Federal Protective Service, on charges he falsified records in an investigation, court records show.

Former federal officers Peter Taoy and John Haire pleaded guilty Nov. 15 to falsely accusing a motorist of attempting to run them over. The motorist, Jeffrey Petri, spent six days in jail last year on false charges of assaulting an officer.

The two said they engaged in a high speed chase with Petri after he ran a red light near the federal building in February 2003. Taoy fired several shots into the left front tire of Petri's Mercedes-Benz, then made up the story that Petri tried to run them over.

Both have resigned from the force and are to be sentenced March 7.

Haire said he went along with Taoy's "untrue story" because of "peer pressure," according to his plea agreement.

Jackson allegedly failed to disclose that Haire recanted his claim that Petri ran a red light. Authorities said the incident took place several blocks away, where federal police have no jurisdiction.

http://www.usatoday.com/news/nation/2004-11-30-recruiters_x.htm

Federal security official in Phoenix indicted
By Kim Smith, Tribune

A federal security official from Phoenix has been accused of falsifying records in connection with a San Francisco shooting that involved two other federal agents.

According to an indictment unsealed Tuesday in the U.S. District Court in San Francisco, Charles Jackson, a Federal Protective Services special agent, was assigned to investigate a shooting involving federal officers Peter Taoy and John Haire in February 2003.

Taoy claimed that a man named Jeffrey Petri tried to run him down following a pursuit near the San Francisco Federal Building.

Jackson is accused of not telling authorities that Haire confessed that he had never seen Petris car drive by the federal building.

"The information that defendant Charles Jackson failed to disclose contradicted evidence that defendant Charles Jackson knew had been presented to the FPS, the U.S. Attorneys Office for the Northern District of California, and a Federal Magistrate-Judge in connection with Petris arrest and detention," the indictment reads.

The indictment states Jackson "substantially interfered with the administration of justice" and he "abused a position of trust he held as a FPS special agent."

George Walker, Jacksons attorney, did not return a call.

Jackson has since been assigned to the agencys office in Phoenix, according to a Tuesday story in the San Francisco Chronicle. Federal Protective Services is a division within the U.S. Immigration Customs and Enforcement.

Jackson is scheduled to be arraigned Dec. 7 in San Francisco.

Contact Kim Smith by email, or phone (480) 898-6334

http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2004/11/30/BAGAPA3OOV1.DTL

SAN FRANCISCO
Federal agent charged in case where colleagues made up story
Official accused of falsifying records in high-speed chase
Henry K. Lee, Chronicle Staff Writer

Tuesday, November 30, 2004

A federal police official has been charged with covering for two colleagues in San Francisco who invented a story about a motorist trying to run them down to explain why one of them shot at the man's car.

Charles H. Jackson, a special agent with the Federal Protective Service, was indicted by a federal grand jury in San Francisco on a charge of falsifying records in a federal investigation, court records show.

Former federal officers Peter Taoy and John Haire pleaded guilty Nov. 15 to causing Jeffrey Petri to be jailed for six days last year on false charges of assaulting a police officer.

Taoy and Haire tried to pull Petri over after he ran a red light Feb. 15, 2003, but engaged in a high-speed chase to do so, authorities said. Federal police policy bans such chases for simple traffic violations.

The officers pinned their patrol car against Petri's Mercedes-Benz at Green and Larkin streets. Taoy fired several shots into the left front tire of the car, then concocted the accusation that Petri had tried to run him over, authorities said.

Haire said he went along with Taoy's "untrue story" because of "peer pressure," according to Haire's plea agreement.

Jackson, serving as an investigator, allegedly failed to disclose in a report that Haire had recanted his initial claim that he and Taoy had given chase after seeing Petri run the red light near the Federal Building. In reality, the incident happened several blocks away, where federal police have no jurisdiction, authorities said.

The Nov. 23 indictment said Jackson "substantially interfered with the administration of justice" and "abused a position of trust."

"The Department of Justice will not, under any circumstances, tolerate this conduct, and we will prosecute those who violate our laws, including those who are sworn to uphold the law," said U.S. Attorney Kevin Ryan in San Francisco.

Jackson's attorney, George Walker of San Francisco, questioned the indictment Monday, saying his client had taken the accused officer's statements at face value and then notified superiors when he noticed discrepancies.

"His job was not to investigate the officers. His job was merely to review the reports of the officers," Walker said. "It's really a shame. He's almost a 20-year veteran with an impeccable record."

In court papers, Jackson is described by federal prosecutors as having confronted Haire "with certain evidence about the incident," including a video recording from a Federal Building security camera.

Haire told Jackson that Taoy was lying about the incident, court papers said. The indictment against Jackson said the information he failed to disclose "contradicted evidence that (Jackson) knew had been presented to (authorities)."The case shines a rare spotlight on the federal police agency, which provides security and law enforcement for more than 8,800 federal facilities nationwide and is part of the U.S. Immigration and Customs Enforcement.

Officials with both agencies declined comment or did not return calls Monday.

Taoy pleaded guilty to charges of conspiracy against rights and making false statements. Haire pleaded guilty to deprivation of rights under color of law. Both have resigned from the force and are to be sentenced March 7.

Jackson is now a special agent in the Phoenix office, authorities said. He is expected to appear in U.S. District Court in San Francisco this week, his attorney said.

Federal prosecutors in Los Angeles and from Washington, D.C., are handling the Taoy, Haire and Jackson cases because federal prosecutors in San Francisco recused themselves on the grounds they could be witnesses.

E-mail Henry K. Lee at hlee@sfchronicle.com.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/11/16/BAGKF9RV4O1.DTL
2 ex-federal officers enter guilty pleas
Henry K. Lee

Tuesday, November 16, 2004

Two former federal police officers pleaded guilty Monday to falsely claiming that a motorist tried to run one of them over, forcing that officer to shoot at the car, authorities said.

Peter Taoy and John Haire, former Federal Protective Service officers, caused motorist Jeffrey Petri to be jailed for six days and wrongly charged with assaulting a police officer, according to court documents.

The officers, assigned to the Federal Building in San Francisco, chased Petri on Feb. 15, 2003, after he ran a red light in his Mercedes-Benz, authorities said. When they caught up to him, Taoy fired four shots into the car's left front tire.

The two officers made up a story that Petri had tried to run over Taoy, prosecutors said. The two also admitted to falsely stating that the pursuit began adjacent to federal property rather than several blocks away.

Taoy pleaded guilty before U.S. District Judge Marilyn Hall Patel to charges of conspiracy against rights and making false statements. Haire pleaded guilty to deprivation of rights under color of law. Both have resigned from the force and are to be sentenced March 7.

http://www.kesq.com/Global/story.asp?S=2569597

SAN FRANCISCO Two former federal officers have pleaded guilty to violating a San Francisco man's civil rights when they arrested him last year.

The Justice Department says Peter Taoy (toy) and John Haire -- both formerly Federal Protective Service officers -- admitted to making false statements and disregarding the truth about the arrest of Jeffrey Petri.

The officers initially reported that they saw Petri blow through a red light and lead them on a high speed chase that ended when they shot out his tires -- an act they described as self-defense when he allegedly tried to run them over.

The problem was, it didn't happen that way at all. Many of the details given by the officers at the time of Petri's arrest were inaccurate and they resulted in Petri being jailed for six days and wrongfully charged with a federal crime.

The two officers now face a maximum sentence of 15 years in prison.

The case continues to be investigated by both the F-B-I and the Department of Homeland Security.

Copyright 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Terence Alexander pulled Diana Dietrich-Barnes

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http://www.10news.com/news/3958341/detail.html

Officer Caught On Tape Forcing Woman To Ground
Eyewitnesses Say Woman Was Yelling

An incident involving a police officer forcing a woman to the ground is caught on tape, ABC reported.

It all began when a police officer confronted a woman at Atlanta's Hartsfield-Jackson International Airport, the world’s busiest airport.

Many were wondering if the officer used excessive force, but in court on Monday, the district attorney and the judge agreed to drop the charges after reviewing the videotape and deciding that the force was necessary because the vehicle's driver, Dietrich-Barnes, did not obey a direct command from the officer.

Images: Charges Dropped In Court

What Happened?

On Nov. 2, Dietrich-Barnes was waiting to pick up her mother, ABC reported.

After circling the airport several times, she stopped to check her mother's itinerary. A few moments later, Officer Terence Alexander told her to move, ABC reported.

As she backed up her sport utility vehicle her side mirror bumped the officer. He quickly reacted by opening the car door, taking Dietrich-Barnes out of the car and forcing her to the ground, where she was handcuffed, ABC reported.

Seven police officers came to the aid of Alexander before Dietrich-Barnes was arrested. She publicly complained that Alexander was too rough with her, a charge his lawyer disputes.

His attorney, Lecora Bowen, released the following statement:

“Dietrich-Barnes began to back up her SUV and struck Officer Alexander with enough force to injure his body and destroy his radio and then refused to get out of the car after more than four commands.”

Eyewitnesses report that Dietrich-Barnes was confrontational with the officer. One witness said she backed into the officer.

Another witness said, "I heard the woman screaming at the officer with the driver's door open. He was talking to her calmly, but I couldn't hear him over her yelling."
Copyright © 2004 ABCNEWS Internet Ventures.

http://www.ajc.com/metro/content/metro/atlanta/1204/04airport.html

Group accuses mayor of bias in airport probe

By TY TAGAMI
The Atlanta Journal-Constitution
Published on: 12/03/04

A small group of Cobb County activists is claiming that Atlanta Mayor Shirley Franklin displayed a racial bias after a recent incident involving a black officer accused of excessive force against a white patron of Atlanta's airport.

Three members of the Marietta-based human-rights group New Order traveled to City Hall on Friday after hearing about Franklin's request for a review of all police brutality incidents reported at Hartsfield-Jackson International Airport during her three years in office.

The three men, who are black, wanted to know why she hadn't asked for a citywide review earlier. They noted that Franklin was responding to a well-publicized incident on Nov. 2, when a black officer named Terence Alexander pulled Diana Dietrich-Barnes of Stockbridge from a sport utility vehicle and threw her to the pavement. The scene was caught on airport security cameras.

Gerald Rose, the founder and chief executive of the group, which has a dozen members, said there had been numerous accusations of white officers manhandling blacks in Atlanta since Franklin took office. Franklin's office did not respond to the group's claim Friday.

Three more people are coming forward to claim an Atlanta police officer was overly aggressive when he arrested them at the airport.

Officer Terence Alexander is currently the focus of two internal affairs investigation. One involves a controversial arrest in early November at Hartsfield-Jackson Atlanta International Airport. [See Related Story]

In that arrest, Diana Dietrich Barnes accused Officer Alexander of using unnecessary force when he arrested her near the baggage claim area outside Hartsfield-Jackson International Airport. Dietrich-Barnes claims Officer Alexander slammed her to the ground after asking her to move her SUV from a no parking area.

Last week, 11Alive News showed the first airing of surveillance videotape of the Nov. 2 arrest. After watching the video, Alexander's supervisors allowed Dietrich-Barnes to go free without pressing charges.

The other investigation involves a case dating back three years.

Attorney Steve Zaloudek says he had a run-in with Officer Alexander three years ago when his sister-in-law dropped off him and his wife at the Atlanta airport.

"I went around to the back of the car to pull a bag out of the trunk. While I was doing that, I heard this officer, who I later found out was Officer Alexander, yelling and screaming at our car from the median area. And I don't remember exactly what he was saying but it was something to the effect of you need to move the car,” Zaloudek said.

"I simply said to the officer, ‘The sign says drop-off zone.’ He responded to me and said, ‘What did you say to me?’ He was very aggressive and I said the sign says it's a drop-off zone,” he added.

Zaloudek says he began walking to the terminal and away from the officer, who continued yelling at him.

"Right before I got to the curb I felt someone grab my arms and put them behind my back and tell me to drop my bags and he applied handcuffs to me,” he said.

Then he says the officer turned to his wife—Janu Sivanesan -- who is also an attorney.

“I said, ‘Oh my God, this is crazy, you can't do this,’ And he came back and that's when he grabbed my arms behind my back,’ Sivanesan said in a telephone interview. “Then he twisted them up over my head and iIstarted crying involuntarily because the pain was so bad."

"This is when it became brutal and abusive,” Zaloudek said.

Sivanesan was handcuffed, as well, along with her sister who ran up to see what was happening.

Police then took all three to a holding cell at the airport where they were eventually released with a copy of the charges.

"My wife and sister had three charges and I had two. The additional charge they had was the officer claimed they put him in fear for his safety,” Zaloudek said.

In a police incident report, Officer Alexander wrote that Zaloudek's wife was yelling and cursing before she approached him aggressively and bumped his chest with her body.

He also wrote that her sister struck him in the chest -– claims that both women deny.

"The charges against us were laughable to say the least,” Zaloudek said.

In five years with the department, Alexander has been suspended five times. Officer alexander's attorney Lecora Bowen had no comment on the new claims, but she did question why it took so long for a complaint to be filed.

Zaloudek said he waited until June of this year to file the complaint because he thought disorderly conduct charges against him, his wife and his sister-in-law were dismissed. Zaloudek says the city solicitor assured him all the charges were dropped, but those charges have not been taken out of the court computer system..

Atlanta Mayor Shirley Franklin has asked the police chief and airport general manager to review any police brutality allegations during her three years in office.

http://www.miami.com/mld/miamiherald/news/nation/10323146.htm?1c

Posted on Thu, Dec. 02, 2004

Police brutality probe launched in Atlanta

Associated Press

ATLANTA - Mayor Shirley Franklin ordered an inquiry into claims of police brutality at Atlanta's main airport, following broadcast of a video showing an officer shoving a woman to the ground.

Any brutality claims made during Franklin's three years in office will be reviewed by the police chief and the general manager of Hartsfield-Jackson Atlanta International Airport, Franklin said. Inquiry results will be made public, she said.

The order came after news reports of the Nov. 2 confrontation outside an airport terminal. Officer Terence Alexander was trying to arrest Diana Dietrich-Barnes on a traffic violation as she dropped off her mother at the airport. A security video shows him pushing her to the ground.

"As the mayor of a big city, I am always concerned about allegations of police brutality," Franklin said.

He charged Dietrich-Barnes with illegal parking, battery and obstruction, but the charges were dropped after his supervisors reviewed the videotape.

The officer, who said the woman injured him, then tried to get felony charges filed against her in Clayton County, where the airport is located, but a magistrate refused Monday to hear the case.

Alexander is on medical leave, and an internal investigation is being conducted by police. The officer has been reprimanded or suspended without pay 13 times since 2001 for violating departmental rules, police said.

Airport General Manager Ben DeCosta said confrontations between police and the public are rare, considering how many people move through the busy airport.

On the Web:

Mayor: http://www.atlantaga.gov/Mayor

Police: http://www.atlantapd.org

Airport: http://www.atlanta-airport.com

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Arizona Prosecutors want to flush our right to a jury trial down the toilet for misdemeanor crimes. (Note the feds have already flushed our right to a jury trial down the toilet in federal cases)

http://www.azcentral.com/news/articles/1204nojury04.html

State court to consider who gets jury trials

Michael Kiefer
The Arizona Republic
Dec. 4, 2004 12:00 AM

In Arizona, a defendant can get a jury trial for smoking marijuana but not for beating a spouse, for bare-bottom dancing but not for cruelty to animals.

The inconsistencies regarding who's entitled to a jury trial are at the center of a case being considered by the Arizona Supreme Court. The high court took the case under advisement on Oct. 28 but gave no indication when it would rule.

The outcome could affect misdemeanor cases, potentially having the biggest impact on DUI cases.

Getting rid of some of the jury trials could cut docket times and court costs. But defense attorneys worry it could do so at the expense of constitutional rights.

"One judge has one opinion," said Kathleen N. Carey, a Maricopa County public defender. "With (a jury) you have a better opportunity of really touching the heart of what our society feels in that community."

Drag-racing case

The case being considered by the Supreme Court is about drag racing.

Justin Derendal was arrested in late August 2002 when he and a friend were riding motorcycles down Bell Road in north Phoenix. Derendal was charged with drag racing, a Class 1 misdemeanor, punishable by up to six months in jail and a hefty fine.

His attorney, Neal Bassett, requested a jury trial for Derendal in Phoenix Municipal Court, but the court refused his request. He filed a special action in Superior Court demanding a jury trial. He pointed out that reckless driving merited a jury trial.

"Drag racing is of an even higher grade than reckless driving," he said, meaning that it's considered a more serious offense. "And it's of the same nature. It's two cars driving recklessly instead of one car." The arguments for and against misdemeanor jury trials are split across the courtroom aisle.

Defense attorneys point to the principle that the accused is entitled to a trial by his or her peers. They also know that juries can be more lenient on their clients than judges.

Prosecutors feel that state tests to decide which cases are jury-eligible are too difficult to apply and that such jury trials waste court time and resources.

Both the state and federal tests for misdemeanor jury eligibility come out of DUI case law.

The federal test is attractively simple to prosecutors: Any offense punishable by a jail sentence of six months or less is petty and not deserving of a jury trial; other states have adopted that guideline. Arizona could, too.

But six months incarceration is the maximum punishment on the books for misdemeanors in Arizona.

"That means that no Arizona misdemeanor is jury-eligible under the federal test," Bassett said.

Prosecutors relish the idea of eliminating misdemeanor trials.

"Consistency and fairness. It's consistent with federal. It's fair, too," said Ken Flint, assistant Scottsdale city prosecutor.

Misdemeanor offenses

Misdemeanor cases are mostly tried in Justice and Municipal courts across the state.

According to the Research and Statistic Administrative Office of the Courts, which crunches numbers on behalf of the Arizona Supreme Court, there were more than 65,600 trials for misdemeanor offenses at the state's Justice and Municipal courts in fiscal 2004, which ended June 30.

Only 1,273 of those were jury trials and three-fourths of them were criminal traffic cases, which includes DUI, according to the brief Flint submitted to the high court in the Derendal case. He noted how much time and money could be saved by eliminating misdemeanor jury trials.

He cited 1995 figures claiming that Phoenix Municipal Court had spent nearly $1.3 million on jury trials, mostly for DUIs and had a juror no-show rate as high as 80 percent.

But defense attorneys are appalled.

"Justice should not be determined on an economic issue," Carey said. "This is the reason why we have a Constitution and we are so different from other countries. From the beginning of our statehood we have given individuals the right to a jury trial. It's a historical decision and a legislative decision."

When the Derendal case reached the Arizona Supreme Court, the justices asked for briefs describing why the state should or shouldn't adopt the federal guidelines set out in a 1989 U.S. Supreme Court case called Blanton vs. City of North Las Vegas, which was about the right to a jury trial for DUI. The Blanton decision set the definition of petty offenses as those whose punishment is six months or less of incarceration.

That could include many Arizona DUIs, even though a state statute grants the right to a jury trial for DUI.

'State vs. Rothweiler'

The test for whether a misdemeanor is jury-eligible comes from the 1966 Arizona Supreme Court ruling in State vs. Rothweiler, also a DUI case. It listed three considerations that demanded jury trial: If there were an existing precedent for a jury trial under common law, that is, before Arizona became a territory; if it were a crime of "moral turpitude," that is, if it reflected on personal character; and if the consequences were greater than just the six-month imprisonment - say, the loss of driver's license and insurance and other social consequences of a DUI conviction.

All three tests are difficult to apply, and so many decisions are made on case law. If the court granted a jury trial once for a specific charge, it will offer it again.

But "unless the court actually says this offense gets a jury trial or this offense doesn't, it's difficult to determine whether an offense is jury-eligible," Flint said. "So it almost requires a charge-by-charge analysis."

It could go either way

The justices could decide to rule only on whether Derendal gets a jury trial, which would set precedent for that offense. They could clarify the existing law, making it easier for judges and attorneys to apply.

Or they could opt for the federal Blanton standard and eliminate jury trials for misdemeanors altogether, even for DUIs.

"I would be surprised if the Supreme Court went that far," said Hays, the Mesa prosecutor. "Obviously they're thinking about doing something with the Rothweiler test since they're the ones who asked that this issue be briefed.

"They must at least be considering revising what they've done in the past. But how far they're going to go, I don't know."

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http://www.prensahispanaaz.com/edicion/principal/notas/pro.htm

Edición: 687. Del 1 al 7 de diciembre del 2004.
Phoenix, AZ.

Proposición 200 es anticonstitucional

Librada Martínez

El argumento sometido ante la Corte Federal de Tucson
en contra de la Proposición 200 se basó en la
inconstitucionalidad de la iniciativa, con la que,
según los abogados, el Estado estaría realizando
funciones que le corresponden al gobierno federal.
El abogado Daniel Ortega, junto con el Fondo
Méxicoamericano para la Educación y Defensa Legal
(MALDEF), sometió ayer martes ante la Corte Federal
DeConcini una demanda en contra de la gobernadora
Janet Napolitano, la Secretaria de Estado, Jan Brewer
y el director del Departamento de Seguridad Económica
(DES), David A. Berns, en su calidad de funcionarios
estatales, para impedir que implementen la propuesta
aprobada el pasado 2 de noviembre.
La iniciativa niega beneficios públicos a
indocumentados, obliga a comprobar la ciudadanía
estadounidense al registrarse para votar y mostrar una
identificación al momento de emitir el voto. Además,
exige a los empleados gubernamentales que denuncien a
los solicitantes de servicios que no comprueben su
elegilibilidad, de lo contrario estarían sujetos a
multas y hasta podrían enfrentar la cárcel.
“Ese sería el daño más grande de la ley, porque los
empleados que no denuncien a los solicitantes estarían
convirtiéndose en criminales”, dijo Ortega.
Destacó que con la implementación de la Proposición
200, las autoridades del estado estarían haciendo
funciones que corresponden a las autoridades de
Migración, que son exclusivas del gobierno federal.
Entre los demandantes, incluídas en el recurso legal
interpuesto por el despacho jurídico de Ortega y
MALDEF, destaca la organización no lucrativa Friendly
House, que proporciona servicios a alrededor de 40 mil
inmigrantes al año, y a unas 20 personas, entre éstas,
un bombero de la Ciudad de Phoenix, una empleada del
DES, una estudiante del Phoenix College y dos madres
de familia.

<*==*><*==*><*==*><*==*>

http://www.prensahispanaaz.com/edicion/principal/notas/cas.htm

Edición: 687. Del 1 al 7 de diciembre del 2004.
Phoenix, AZ.

“Castigan” a Ontiveros

Librada Martínez

Silverio Ontiveros, quien hasta la semana pasada se
desempeñó como subjefe de la Policía de Phoenix, fue
removido a comandante, un nivel inferior en el
organigrama del departamento.
De acuerdo con el jefe de la corporación, Jack Harris,
la remoción obedece a la necesidad de tener una
persona con “criterio y credibilidad” en la
subjefatura.
Según Harris, las investigaciones que el departamento
ha realizado sobre las acciones de Ontiveros en los
últimos 13 meses, han ocasionado que la comunidad
pierda confianza en el oficial.
Ese sentir, dijo, se desprende de la cobertura que los
medios dieron al incidente en el que su novia, Liza
Román,fue detenida por autoridades de inmigración en
la garita de Nogales con dos indocumentados en la
cajuela del vehículo que conducía, en hechos ocurridos
el pasado 15 de abril.
Apenas en octubre, una investigación conducida por el
departamento concluyó que Ontiveros no tuvo nada que
ver en el incidente protagonizado por su novia.
Sin embargo, el reporte objetó que el ahora comandante
no avisó a sus superiores sobre los hechos.
Harris indicó que la junta disciplinaria estudiará las
versiones del incidente en las próximas semanas, como
parte de una tercera investigación sobre Ontiveros.
El jefe policiaco desestimó que los resultados de la
investigación puedan costarle al oficial su empleo en
el departamento.
“No lo creo, la junta disciplinaria podría recomendar
que lo removieran a teniente, pero estaría muy
sorprendido que ésa fuera la recomendación”, dijo
Harris.

Una “atrocidad”
Ontiveros, quien se ha destacado por sus fuertes lazos
con la comunidad inmigrante a lo largo de sus 29 años
dentro del departamento, declinó hacer comentarios al
respecto, argumentando que no le está permitido hablar
con los medios sobre el asunto.
Sin embargo, su novia calificó como una “injusticia”
la remoción de Ontiveros. “Es una atrocidad,
arruinarle la carrera a una persona que ha sido leal a
la organzación y que ha dedicado 29 años de su vida a
la comunidad.”
Recordó que por muchos años Ontiveros ha sido la voz
de las minorías, ha promovido la diversidad dentro del
Departamento de Policía y no ha temido hacer los
cuestionamientos necesarios.
“Es una lástima que las personas que ahora le dan
espalda no se acuerden de quién ha sido la persona que
ha estado ahí 24 horas al día, siete días a la semana
para apoyar a su comunidad”, dijo Liza Román.

<==><==><==><==><==><==><==><==>

The US Military lied and said Pat Tillman was hero who was killed in a battle with Afghanistan freedom fighters. This was a lie Tillman was machine gunned to death by Americans who though his unit was terrorists.

http://www.eastvalleytribune.com/index.php?sty=32634

News Update 
Army distorted Pat Tillman story  
Washington Post 
 
Pat Tillman 
Just days after Pat Tillman died from friendly fire on a desolate ridge in southeastern Afghanistan, the U.S. Army Special Operations Command released a brief account of his last moments. 
 
The April 30, 2004, statement awarded Tillman a posthumous Silver Star for combat valor and described how a section of his Ranger platoon came under attack. 

‘‘He ordered his team to dismount and then maneuvered the Rangers up a hill near the enemy’s location,’’ the release said. ‘‘As they crested the hill, Tillman directed his team into firing positions and personally provided suppressive fire. . . . Tillman’s voice was heard issuing commands to take the fight to the enemy forces.’’ 

It was a stirring tale and fitting eulogy for the Army’s most famous volunteer in the war on terrorism, a charismatic former star with the Arizona Cardinals and Arizona State University whose reticence, courage and handsome beret-draped face captured for many Americans the best aspects of the country’s post-Sept. 11, 2001, character. 

It was also a distorted and incomplete narrative, according to dozens of internal Army documents obtained by The Washington Post that describe Tillman’s death by fratricide after a chain of botched communications, a misguided order to divide his platoon over the objection of its leader and undisciplined firing by fellow Rangers. 

The Army’s public release made no mention of friendly fire, even though at the time it was issued, investigators in Afghanistan had taken at least 14 sworn statements from Tillman’s platoon members that made clear the true causes of his death. The statements included a searing account from the Ranger nearest Tillman during the firefight, who quoted him shouting ‘‘Cease fire! Friendlies!’’ with his last breaths. 

Army records show Tillman fought bravely during his final battle. He followed orders, never wavered and at one stage proposed discarding his heavy body armor, apparently because he wanted to charge a distant ridge occupied by the enemy, an idea rejected by his immediate superior, witness statements show. 

But the Army’s published account not only withheld all evidence of fratricide, it exaggerated Tillman’s role and stripped his actions of their context. Tillman was not one of the senior commanders on the scene — he directed only himself, one other Ranger and an Afghan militiaman, under supervision from others. Witness statements in the Army’s files at the time of the press release describe Tillman’s voice ringing out on the battlefield mainly in a desperate effort, joined by other Rangers on his ridge, to warn comrades to stop shooting at their own men. 

The Army’s April 30 news release was just one episode in a broader Army effort to manage the uncomfortable facts of Pat Tillman’s death, according to internal records and interviews. 

During several weeks of memorials and commemorations that followed Tillman’s death, commanders at his 75th Ranger Regiment and their superiors hid the truth about friendly fire from Tillman’s brother Kevin, who had fought with Pat in the same platoon, but was not involved in the firing incident and did not know the cause of his brother’s death. Commanders also withheld the facts from Tillman’s widow, his parents, national politicians and the public, according to records and interviews with sources involved in the case. 

On May 3, Ranger and Army officers joined hundreds of mourners at a public ceremony in San Jose, Calif., where Sen. John McCain, RAriz., Denver Broncos quarterback Jake Plummer and Maria Shriver took the podium to remember Tillman. The visiting officers gave no hint of the evidence investigators collected in Afghanistan. 

In a telephone interview, McCain said: ‘‘I think it would have been helpful to have at least their suspicions known’’ before he spoke about Tillman’s death in public. Even more, he said, ‘‘the family deserved some kind of headsup that there would be questions.’’ 

McCain said Sunday that questions raised by Mary Tillman, Pat’s mother, about how the Army handled the case led him to meet twice earlier this fall with Army officers and former acting Army secretary Les Brownlee to seek answers. About a month ago, McCain said, Brownlee told him the Pentagon would reopen its investigation. McCain said he was not certain about the scope of the new investigation but that he believed it is continuing. A Pentagon official confirmed an investigation is under way, but Army spokesmen declined to comment further. 

When she learned friendly fire had taken her son’s life, ‘‘I was upset about it, but I thought, ‘Well, accidents happen,’ ’’ Mary Tillman said in a telephone interview Sunday. ‘‘Then when I found out that it was because of huge negligence at places along the way — you have time to process that and you really get annoyed.’’ 

INQUIRY QUESTIONED 

As memorials and news releases shaped public perceptions in May, Army commanders privately pursued military justice investigations of several low-ranking Rangers who had fired on Tillman’s position and officers who issued the ill-fated mission’s orders, records show. 

Army records show that Col. James Nixon, the 75th Ranger Regiment’s commander, accepted his chief investigator’s findings on the same day, May 8, that he was officially appointed to run the case. A spokesman for U.S. Central Command, or CENTCOM, which is legally responsible for the investigation, declined to respond to a question about the short time frame between the appointment and the findings. 

The Army acknowledged only that friendly fire ‘‘probably’’ killed Tillman when Lt. Gen. Philip Kensinger Jr. made a terse announcement on May 29 at Fort Bragg, N.C. Kensinger declined to answer further questions and offered no details about the investigation, its conclusions, or who might be held accountable. 

Army spokesmen said last week they followed standard policy in delaying and limiting disclosure of fratricide evidence. ‘‘All the services do not prematurely disclose any investigation findings until the investigation is complete,’’ said Lt. Col. Hans Bush, chief of public affairs for the Army Special Operations Command at Fort Bragg. The Silver Star narrative released April 30 came from information provided by Ranger commanders in the field, Bush said. 

Kensinger’s May 29 announcement that fratricide was ‘‘probable’’ came from an executive summary supplied by Central Command only the night before, he said. Because Kensinger was unfamiliar with the underlying evidence, he felt he could not answer questions, Bush said. 

For its part, Central Command, headquartered at Mac-Dill Air Force Base in Tampa, Fla., handled the disclosures ‘‘in accordance with (Department of Defense) policies,’’ Lt. Cmdr. Nick Balice, a command spokesman, said in an e-mail Saturday responding to questions. Asked specifically why Central Command withheld any suggestion of fratricide when Army investigators by April 26 had collected at least 14 witness statements describing the incident, Balice wrote in an e-mail: ‘‘The specific details of this incident were not known until the completion of the investigation.’’ 

GUIDELINES LACKING 

The U.S. military has confronted a series of prominent friendly fire cases in recent years, in part because hairtrigger technology and increasingly lethal remote-fire weapons can quickly turn relatively small mistakes into deadly tragedies. Yet the military’s justice system has few consistent guidelines for such cases, according to specialists in Army law. Decision-making about how to mete out justice rests with individual unit commanders who often work in secret, acting as both investigators and judges. 

‘‘You can have tremendously divergent outcomes at a very low level of visibility,’’ said Eugene Fidell, president of the National Institute of Military Justice and a visiting lecturer at Harvard Law School. 

In the Tillman case, those factors were compounded by the victim’s extraordinary public profile. Also, Tillman’s April 22 death was announced just days before the shocking disclosure of photographs of abuse by U.S. soldiers working as guards in Iraq’s Abu Ghraib prison. The photos ignited an international furor and generated widespread questions about discipline and accountability in the Army. 

Commemorations of Tillman’s courage and sacrifice offered contrasting images of honorable service, undisturbed by questions about possible command or battlefield mistakes. 

Whatever the cause, McCain said, ‘‘you may have at least a subconscious desire here to portray the situation in the best light, which may not have been totally justified.’’ 

QUICK INVESTIGATION 

Working in private last spring, the 75th Ranger Regiment moved quickly to investigate and wrap up the case, Army records show. 

Immediately after the incident, platoon members generated after-action statements and investigators working in Afghanistan gathered logs, documents and e-mails. The investigators interviewed platoon members and senior officers to reconstruct the chain of events. By early May, the evidence made clear in precise detail how the disaster unfolded. 

On patrol in Talibaninfested sectors of Afghanistan’s Paktia province, Tillman’s ‘‘Black Sheep’’ platoon, formally 2nd Platoon, A Company, 2nd Battalion, 75th Ranger Regiment, became bogged down because of a broken Humvee. Lt. David Uthlaut, the platoon leader, recommended that his unit stay together, deliver the truck to a nearby road, then complete his mission. He was overruled by a superior officer monitoring his operations from distant Bagram, near Kabul, who ordered Uthlaut to split his platoon, with one section taking care of the Humvee and the other proceeding to a village, where the platoon was to search for enemy guerrillas. 

Steep terrain and high canyon walls prevented the two platoon sections from communicating with each other at crucial moments. When one section unexpectedly changed its route and ran into an apparent Taliban ambush while trapped in a deep canyon, the other section from a nearby ridge began firing in support at the ambushers. As the ambushed group broke free from the canyon, machine guns blazing, one heavily armed vehicle mistook an allied Afghan militiaman for the enemy and poured hundreds of rounds at positions occupied fellow Rangers, killing Pat Tillman and the Afghan. 

Investigators had to decide whether low-ranking Rangers who did the shooting had followed their training or had fired so recklessly that they should face military discipline or criminal charges. The investigators also had to decide whether more senior officers whose decisions contributed to the chain of confusion around the incident were liable. 

Reporting formally to Col. Nixon in Bagram on May 8, the case’s chief investigator offered nine specific conclusions, which Nixon endorsed, according to the records. 

Among them: 

• The decision by a Ranger commander to divide Tillman’s 2nd Platoon into two groups, despite the objections of the platoon’s leader, ‘‘created serious command and control issues’’ and ‘‘contributed to the eventual breakdown in internal Platoon communications.’’ The Post could not confirm the name of the officer who issued this command. 

• The A Company commander’s order to the platoon leader to get ‘‘boots on the ground’’ at his mission objective created a ‘‘false sense of urgency’’ in the platoon, which, ‘‘whether intentional or not,’’ led to ‘‘a hasty plan.’’ That officer’s name also could not be confirmed by The Post. 

• Sgt. Greg Baker, the lead gunner in the Humvee that poured the heaviest fire on Ranger positions, ‘‘failed to maintain his situational awareness’’ at key moments of the battle and ‘‘failed’’ to direct the firing of other gunners in his vehicle. 

• The other gunners ‘‘failed to positively identify their respective targets and exercise good fire discipline. . . . Their collective failure to exercise fire discipline, by confirming the identity of their targets, resulted in the shootings of Corporal Tillman.’’ 

The chief investigator appeared to reserve his harshest judgments for the lowerranking Rangers who did the shooting rather than the higher-ranking officers who oversaw the mission. While his judgments about the senior officers focused on process and communication problems, the chief investigator wrote about the failures in Baker’s truck: 

‘‘While a great deal of discretion should be granted to a leader who is making difficult judgments in the heat of combat, the Command also has a responsibility to hold its leaders accountable when that judgment is so wanton or poor that it places the lives of other men at risk.’’ 

Gen. John Abizaid, CENTCOM’s commander in chief, formally approved the investigation’s conclusions May 28 under an aide’s signature and forwarded the report to Special Operations commanders ‘‘for evaluation and any action you deem appropriate to incorporate relevant lessons learned.’’ 

The field investigation’s findings raised another question for Army commanders: Were the failures that resulted in Tillman’s death serious enough to warrant administrative or criminal charges? 

In the military justice system, field officers such as Nixon, commander of the 75th Ranger Regiment, can generally decide such matters. 

At least two low-ranking Rangers, including Baker, accepted administrative punishments that led to demotions but no incarceration, according to sources involved in the case. Baker left the Rangers on an honorable discharge when his enlistment ended last spring, while others who were in his truck remain in the Army, these sources said. 

It could not be learned what actions — if any — were taken against the more senior officers who pressured the platoon leader and ordered him to divide his force, over his objections. Army spokesmen declined to comment, citing privacy rules and Pentagon policy. 

Military commanders have occasionally leveled charges of involuntary manslaughter in high-profile friendly fire cases, such as one in 2002 when an Illinois National Guard pilot, Maj. Harry Schmidt, mistakenly bombed Canadian troops in Afghanistan. But in that case and others like it military prosecutors have found it difficult to make murder charges stick against soldiers making rapid decisions in combat. 

And because there is no uniform, openly published military case law about when friendly fire cases cross the line from accident to crime, commanders are free to interpret that line for themselves. 

FOCUS AIMS LOW 

The list of cases in recent years where manslaughter charges have been brought is ‘‘almost arbitrary and capricious,’’ said Charles Gittins, a former Marine who is Schmidt’s defense lawyer. Gittins said senior military officers tend to focus on lowranking personnel rather than commanders. In Schmidt’s case, he said, ‘‘Every single general and colonel with the exception of Harry’s immediate commander has been promoted since the accident.’’ Schmidt, on the other hand, was fined and banned from flying Air Force jets. 

Short of manslaughter, the most common charge leveled in fratricide is dereliction of duty, or what the military code calls ‘‘culpable inefficiency’’ in the performance of duty, according to military law specialists. This violation is defined in the Pentagon’s official Manual for Courts Martial as ‘‘inefficiency for which there is no reasonable or just excuse.’’ 

In judging whether this standard applies to a case such as Tillman’s death, prosecutors are supposed to decide whether the accused person exercised ‘‘that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances.’’ 

Even if a soldier or officer is found guilty under this code, the punishments are limited to demotions, fines and minor discipline such as extra duty. 

Records in the Tillman case do not make clear whether Army commanders considered more serious punishments than this against any Rangers or officers, and if so, why they were apparently rejected.

<<**>>

http://www.azcentral.com/12news/news/articles/1205bearup05-CP.html

Inmate claims jail bias
 
Dennis Wagner
The Arizona Republic
Dec. 5, 2004 12:00 AM

A Phoenix murder defendant whose father is a political rival to Sheriff Joe Arpaio says he's being housed in isolation as a psychiatric patient at a Maricopa County jail even though he's not mentally ill.

In letters and phone interviews from Madison Street Jail, Patrick Bearup said sheriff's officials singled him out for political retribution, even ordering the light in his cell to remain on 24 hours a day.

Medical records obtained by The Arizona Republic seem to confirm that allegation. In August, Dr. Pamela Drapeau of Correctional Health Services made this notation in Bearup's chart: "He remains on 6-3 (psychiatric ward) per order of MCSO because his father was running as an opponent to Sheriff Arpaio. . . . He has no psychiatric problems."

Bearup, 27, of Phoenix, is the son of Thomas Bearup, once an executive assistant in Arpaio's office. The elder Bearup had a bitter falling-out seven years ago with the sheriff and campaigned for the sheriff's job in 2000 and briefly last year. Now a minister, Thomas Bearup said Arpaio uses his power vindictively against political foes. "I think Patrick is probably a victim because of me," he added.

Jack McIntyre, an Arpaio spokesman, denied that the younger Bearup's placement was a form of retaliation. He said the inmate was first housed in the psychiatric unit due to concerns that he might be suicidal. Later, McIntyre said, a decision was made to keep him there for his safety. McIntyre said Bearup had expressed concerns about death threats and further endangered himself in jail by telling people that he is the son of a former sheriff's official.

Inmates under protection typically are housed in an "administrative segregation" unit. McIntyre said those cells are full, and Bearup is not the only inmate to be secured in medical quarters. "Keeping him alive and in the most safe place possible - I find it difficult for that to be retribution," he added.

The younger Bearup is one of four so-called skinheads arrested in September 2003 in connection with the murder of 40-year-old Mark Mathes. Phoenix police investigators say the victim was beaten with a baseball bat, shot in the head and dumped off a cliff near Crown King in February 2002. The purported motive: revenge for a theft.

"I'm innocent of the charges I'm in here on," said Patrick Bearup, whose trial is scheduled in March. "If I'm put to death (for the homicide), it'll be a sad day for our justice system."

Since his incarceration 14 months ago, Bearup has been housed in "6-3," except for brief stints in the infirmary. He said he is awakened by "suicide checks" every 15 minutes, denied human contact and rarely allowed exercise. He also said he spent months in a padded room with no bed.

"No one's allowed to live with me. No one's allowed to talk to me. . . . The sheriff is saying that I am (mentally ill). The doctor is saying that I'm not."

Correctional Health Services is not under Arpaio's authority, although it is housed inside Madison Street Jail and detention officers provide security. 

Notations in Bearup's medical chart indicate he is sequestered "as a courtesy hold for MCSO" because he is a "high-profile case." They also say he consistently denies suicidal thoughts, pointing out that he has newborn twins. "He does not want to be housed here on 6-3," wrote one psychiatric worker. "What sane person would?" 

Correctional Health Services records indicate that Bearup repeatedly filed grievances seeking placement in the regular inmate population but was refused. 

The Arpaio-Bearup saga dates to 1997, when Patrick's father had a feud with the sheriff and resigned as executive assistant.

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http://www.azcentral.com/news/articles/1205Lynching05.html

Lynchings of police spur justice debate 
Killings may shock nation into change

Chris Hawley
Republic Mexico City Bureau
Dec. 5, 2004 12:00 AM 

SAN JUAN IXTAYOPAN, Mexico - The blood has been scrubbed from the crosswalk in front of the Popol Vuh Elementary School. But for Mexicans, the horror and the shame remain.

On Nov. 23, a mob in this Mexico City suburb brutally beat three undercover cops in front of the school after apparently mistaking them for kidnappers. As news helicopters hovered overhead, they doused two of the police officers with gasoline and burned them alive. 

The lynchings, transmitted live on television, shocked the nation and have ignited a debate over vigilantism, justice and the rule of law in Mexico. advertisement  

Human rights groups say the lynching shows a fundamental breakdown in Mexican society, where police are seen as inept or corrupt, courts are perceived as secretive and ineffective, and communities frequently take the law into their own hands. 

"The system of justice in Mexico is, in a word, inoperative," said Jesus Robles, executive director of the Academy of Human Rights. "This (lynching) has forced a realization that we need a better system of public order."

Mob attacks on purse-snatchers and other suspected criminals occur a few times a year in Mexico City, mainly in the poor southeastern suburbs like San Juan Ixtayopan. Victims are usually beaten severely before being handed over to police. Sometimes they are stripped naked or tied to trees. 

Between 1991 and 2000, there were 96 such cases nationwide, mostly in central and southern Mexico, the Miguel Agustín Pro Juárez Human Rights Center said in a 2001 report. Thirty-five of those occurred in or around Mexico City. In the past five years, at least five people have been killed in the city by vigilante mobs, El Universal newspaper said.

Police rarely go after the attackers, said David Velasco Yañez, director of the human rights center.

"That creates kind of a general complicity among everyone involved," Velasco said.

But the killings of innocent police officers in San Juan Ixtayopan stunned even violence-weary Mexico City residents. Viewers watched with horror as one of the agents pleaded to a television camera for help just before he was killed. Police commanders were criticized for failing to send backup or to dispatch SWAT teams by helicopter. 

Police say the killings in San Juan Ixtayopan may have been instigated by drug dealers who were being investigated by the undercover police. There had been rumors of child-snatchers lurking around the school, but local cops said they were unfounded. 

Around the scene of the crime, people are closemouthed about what happened. A food vendor in front of the school claimed not to know where the lynching occurred, despite a wooden cross marking the spot. A nearby candy seller said she knew nothing. Four neighbors said they were out of town that night. Mothers taking their children to the school refused to be interviewed, shaking their heads when asked about the killings. 

"Our children go to the high school, and the other children call them killers now," said a convenience store proprietor who refused to give her name. "The whole country thinks we are killers."

Many residents said they were sorry the two officers had died and said the mob had been tricked by "outsiders." But they also said a lack of police presence in San Juan Ixtayopan had forced townspeople into the role of police, judge and jury.

"On television and the movies, we see how police in other countries protect everybody," said Angela Rosas, another store clerk. "But not here. There is a lack of justice here, and so the people feel like they have to take action themselves."

It is a dilemma that has dominated newspaper columns and talk shows since the killings, with pundits and radio callers prescribing everything from arrest bonuses to military tribunals to cut down on lawlessness. 

Promising "zero tolerance" for vigilantism, President Vicente Fox urged Congress to act on a proposal he filed in March that would radically change Mexico's law enforcement system. 

The bill would consolidate the country's many police agencies to make them more efficient. To speed up justice, it calls for "oral" trials that would be open to the public instead of the time-consuming, written deliberations that dominate Mexican courts. 

The plan also targets prosecutors, who often are criticized by Mexicans as unwilling to take cases to court. 

Under the Fox proposal, suspects would be presumed innocent until proved guilty - a concept that doesn't exist in Mexican law. 

Fox is facing a hostile Congress that is unlikely to take up his plan. But the Supreme Court, too, has been quietly investigating ways to make the justice system more open. 

Other Latin American countries have made similar changes over the past decade.

"It generates more faith in the system, and creates a more transparent system where people can participate," said Fernando Santelices, an adviser with the Justice Studies Center of the Americas, a Chile-based organization that helps countries with reforms. 

But some Mexican analysts aren't so sure an overhaul of the entire justice system is the answer.

Instead, the government needs to encourage professionalism by paying police and prosecutors better and requiring them to be better educated, Robles said. It also has to crack down on bribery, he said. 

Robles said he hoped the outrage resulting from the lynchings would spur Congress to make changes. He noted that a huge anti-crime march in June had prompted lawmakers to pass a number of new measures against kidnapping and other offenses. 

"If anything positive has come from the deaths of these agents . . . it is that it has gotten everyone to reflect on what kind of society we want," he said.

Reach the reporter at chris.hawley@arizonarepublic.com.

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im being a cheap bastard and trying to save mailing costs so i made the font as small as possible. if either of you cant read it tell me and i will make it a little bigger.

<*==*>

http://www.azcentral.com/news/articles/1205seals05.html

New photos of alleged abuse in Iraq
Military says acts were committed by isolated few

Sarah El Deeb
Associated Press
Dec. 5, 2004 12:00 AM

CAIRO, Egypt - A former military spokesman in Iraq said Saturday new pictures showing apparent abuse of Iraqi prisoners were the acts of an isolated few but will be used by some to try to tarnish the entire U.S. military.

Gen. Mark Kimmitt, now based in Qatar, spoke on the pan-Arab television network a day after the U.S. military launched a criminal investigation into photographs that appear to show Navy SEALs in Iraq sitting on hooded and handcuffed detainees.

Other photos show what appear to be bloodied prisoners, one with a gun to his head. advertisement

The photos, found by an Associated Press reporter, were in an album posted on a commercial photo-sharing Web site by a woman who said her husband brought them from Iraq after his tour of duty.

Some of the photos have date stamps suggesting they were taken in May 2003, which could make them the earliest evidence of possible abuse of prisoners in Iraq. The far more brutal practices photographed in Abu Ghraib prison occurred months later.

The photos were turned over to the Naval Criminal Investigative Service, which instructed the SEAL command to determine whether they show any serious crimes, said Navy Cmdr. Jeff Bender, a spokesman for the Naval Special Warfare Command in Coronado, Calif.

Kimmitt, the spokesman in Iraq at the time of the Abu Ghraib scandal, said he believes the photos show the acts of an isolated few.

Asked by al-Jazeera if such pictures are a problem, Kimmitt said they are certainly a "tool" and some will try to use them to show the U.S. military in a negative light.

After outraged reaction from the Arab world to the first Abu Ghraib pictures, President Bush appeared on Arab television in May and said the torture was the act of a few.

The new photos drew strong reactions in Arab media as did the earlier ones.

"The two scandals confirm the image about the Americans known in the Middle East: that the Americans are not a charity or a humanitarian organization that is leading an experiment of democracy," said Sateh Noureddine of the Lebanese leftist newspaper As-Safir. "Rather, (the U.S. government) is leading a retaliatory operation following the Sept. 11 attacks."

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http://www.azcentral.com/news/articles/1207iraq-cia07.html

CIA: Iraq situation worsening

New York Times
Dec. 7, 2004 12:00 AM

WASHINGTON - A classified cable sent by the CIA's station chief in Baghdad has warned that the situation in Iraq is deteriorating and may not rebound any time soon, according to government officials.

The cable, sent late last month as the officer ended a yearlong tour, presented a bleak assessment on matters of politics, economics and security, the officials said. They said its basic conclusions had been echoed in briefings presented by a senior CIA official who recently visited Iraq.

The officials described the two assessments as having been "mixed," saying that they did describe Iraq as having made important progress, particularly in terms of its political process, and credited Iraqis with being resilient. advertisement

But overall, the officials described the station chief's cable in particular as an unvarnished assessment of the difficulties ahead in Iraq. They said it warned that the security situation is likely to get worse, bringing more violence and sectarian clashes, unless there are marked improvements soon in the ability of the Iraqi government to assert authority and build the economy.

Together, the appraisals, which follow several other such warnings from officials in Washington and in the field, were much more pessimistic than the public picture being offered by the Bush administration before the elections scheduled for Iraq next month, the officials said. The cable was sent to CIA headquarters after U.S. forces completed what military commanders have described as a significant victory, with the mid-November retaking of Fallujah, a principal base of the Iraqi insurgency.

The U.S. ambassador to Iraq, John Negroponte, was said by the officials to have filed a written dissent, objecting to one finding as too harsh, on the ground that the United States had made more progress than was described in fighting the Iraqi insurgency. But the top U.S. military commander in Iraq, Gen. George Casey Jr., also reviewed the cable and did not dispute its conclusions, the officials said.

The station chief's cable has been widely disseminated outside the CIA and was initially described by a government official who read the document and who praised it as unusually candid. Other government officials who have read or been briefed on the document later described its contents. The officials refused to be identified by name or affiliation because of the delicacy of the issue. The station chief cannot be publicly identified because he continues to work undercover.

Asked about the cable, a White House spokesman, Sean McCormack, said he could not discuss intelligence matters

<*==*>

the FDA food police state is now here!

http://www.azcentral.com/news/articles/1207foodsafety07.html

FDA unveils last piece in food protection plan

USA Today
Dec. 7, 2004 12:00 AM

The Food and Drug Administration on Monday announced the final portion of its post-9/11 rules to protect the nation's food supply.

The rules are the final piece of new authorities given to the FDA by Congress in the wake of the anthrax contamination that followed the Sept. 11, 2001, attacks.

The rules require that companies keep records so that officials can trace the source of food contamination.

Anyone who manufactures, processes, packs, transports, distributes, receives, holds or imports food must keep records showing where they obtained the food and where they shipped it.

Companies must retain records from six months to two years, depending on the shelf life of the food.

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http://www.azcentral.com/news/articles/1207gitmo-memo07.html

FBI agents tell of '02 abuse of suspects at Gantanamo

Paisley Dodds
Associated Press
Dec. 7, 2004 12:00 AM

SAN JUAN, Puerto Rico - FBI agents witnessed "highly aggressive" interrogations and mistreatment of terror suspects at the U.S. prison camp in Cuba starting in 2002, more than a year before the prison abuse scandal broke in Iraq, according to a letter a senior Justice Department official sent to the Army's top criminal investigator.

In the letter obtained by the Associated Press, the FBI official suggested the Pentagon didn't act on FBI complaints about the incidents, including a female interrogator grabbing a detainee's genitals and bending back his thumbs, another where a prisoner was gagged with duct tape and a third where a dog was used to intimidate a detainee who later was thrown into isolation and showed signs of "extreme psychological trauma."

One Marine told an FBI observer that some interrogations led to prisoners "curling into a fetal position on the floor and crying in pain," according to the letter dated July 14, 2004. advertisement

Thomas Harrington, an FBI counterterrorism expert who led a team of investigators at Guantanamo Bay, wrote the letter to Maj. Gen. Donald Ryder, the Army's chief law enforcement officer investigating abuses at U.S.-run prisons in Afghanistan, Iraq and Guantanamo.

Harrington said FBI officials complained about the pattern of abusive techniques to top Defense Department attorneys in January 2003, and it appeared that nothing was done.

Although a senior FBI attorney "was assured that the general concerns expressed and the debate between the FBI and DOD regarding the treatment of detainees was known to officials in the Pentagon, I have no record that our specific concerns regarding these three situations were communicated to the Department of Defense for appropriate action," Harrington wrote.

Harrington told Ryder he was writing to follow up a meeting he had with the general the week before about detainee treatment, saying the three cases demonstrate the "highly aggressive interrogation techniques being used against detainees in Guantanamo."

"I refer them to you for appropriate action," Harrington wrote.

Brig. Gen. Jay Hood, current commander of the mission in Guantanamo, said allegations of mistreatment and abuse are taken seriously and investigated.

"The appropriate actions were taken. Some allegations are still under investigation," Hood told the AP. "Once investigations are completed, we report them immediately."

None of the people named in the letter is still at the base, a Guantanamo spokesman said, but it wasn't clear if any disciplinary action had been taken. The letter identified the military interrogators only by last name and rank and mentioned a civilian contractor.

Lt. Col. Gerard Healy, an Army spokesman, confirmed the authenticity of the FBI letter, as did the FBI. Healy said the female interrogator, identified only as Sgt. Lacey in the letter, is being investigated.

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Bush's squeeze on Castro puts many Cubans in pain

Nancy San Martin
Miami Herald
Dec. 5, 2004 12:00 AM

MIAMI - In the five months since the Bush administration tightened sanctions on Cuba, life has become "very complicated" for Yuceika, a Cuban woman who once survived on the $100 sent monthly from Miami by the father of her 12-year-old son.

"Before, I would have to really restrict spending so that the $100 would last a complete month," said Yuceika, 35, a resident of the north-central city of Matanzas who can no longer receive the money. "Now, every day is a gamble."

Yuceika is not alone. Numerous Cubans, and the Cuban government, have been harshly affected by the Bush administration's measures, intended to hasten a transition to democracy by keeping U.S. dollars out of the Cuban government's coffers. advertisement

"We are challenging the regime in a way that it has not been challenged at least in the last 25 years," said Dan Fisk, deputy assistant secretary of State for Western Hemisphere affairs. "They're feeling the pinch."

U.S. officials say the tighter sanctions have already denied the Cuban government $100 million in income since they were implemented June 30, and they expect the total impact for their first year to hit $375 million.

Everyday impact

The measures are widely considered unlikely to dramatically challenge the stability of Cuba's 4-decade-old communist government. But there is little question that Cuba and Cubans are feeling the pinch:

• The once-busy Havana airport terminal reserved for U.S. flights has been shut down. The 20 to 25 jetliners a week that used to fly from Miami, New York and Los Angeles to Cuba are down to a handful of much smaller planes, travel agents in Miami say.

• The number of U.S. travelers to Cuba, most of them Cuban-Americans visiting relatives, is expected to drop from 180,000 in 2003 to no more than 30,000 in the first year of the new measures.

• Prices at Cuban government stores that sell imported products have soared by as much as 50 percent.

• Tourism dollars that trickled down to Cubans such as taxi drivers and private restaurant and room-to-rent owners have dwindled, according to island residents.

• Saying it was reacting to the Bush measures, the Cuban government has imposed a 10 percent fee on most dollar exchanges, in essence taking $1 out of every $10 that Cubans receive from people abroad.

The toughened U.S. rules restrict family reunification visits by Cuban-Americans to Cuba to once every three years, instead of once a year, and limit gift parcels and the $1,200 a year cash remittances to immediate relatives: parents, siblings and children, but not cousins or others.

Remittances from the United States alone total at least $400 million in a typical year, according to U.S. government estimates, while gift parcels and family-reunification travel total an additional $1.1 billion.

That estimate includes items such as the costs of airplane tickets, airport fees for excess baggage, and per diem expenditures authorized for visitors. Under the new rules, the per diem dropped from $164 to $50.

Fisk said the goal was to reduce money going into Cuba by 50 percent.

"That still keeps a flow going to the island, to the Cuban people, but it reduces the regime's ability to exploit those revenue sources," he said. "The idea is to go after the regime."

But average Cubans are feeling the pinch.

One example: Yuceika is not married to the father of her son, making her ineligible to receive the $100 a month that she used to get. And while the son is entitled to the money, he is a minor and cannot withdraw the cash in Cuba.

"I guess we'll have to wait and see how we manage," Yuceika told the Miami Herald in a telephone interview.

And while buyers still jam the government's so-called "dollar stores," which provide the state with huge profit margins on the otherwise unavailable imported items, it remains unclear how long that will continue.

"The stores are still filled with people buying stuff because there's nothing to buy anywhere else," said James Cason, chief of the U.S. diplomatic mission in Havana. "What we don't know is: Are people going to buy more or buy less as things get tougher and tougher? Will the measures lead to more money for the regime or less? ... Only time will tell."

Radio, TV Marti

Cason said another part of the new Bush policy on Cuba that seems to be working is the use of U.S. military airplanes, equipped as flying broadcasting stations, to force the signals of Radio and TV Marti past Cuban jamming. The planes have made seven such flights this year.

"On the information side, we are seeing people looking for TV Marti and they're finding it in some areas," Cason said during a recent visit to Miami. "People are eager to see it."

And in Washington, enforcement of the Cuba sanctions also has increased.

Of the roughly 63,000 requests for licenses to travel to Cuba processed by the Treasury Department from Aug. 10 to Nov. 10, about 36,000 were denied and 26,000 approved.

Most of the travel licenses denied were "incomplete, have been filled out by someone seeking to travel too soon after their last visit, they have false information or are seeking a license to visit someone other than immediate families," said Treasury spokeswoman Molly Millerwise.

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http://news.bbc.co.uk/2/hi/europe/4070973.stm

Rethink after Paris airport gaffe

French police have been routinely using the technique

French police say they will ban their technique for training dogs after a bag with plastic explosives was lost at a Paris airport during an exercise.

Police placed the bag in a passenger's luggage at Charles de Gaulle airport to see if sniffer dogs would detect it, but it was then loaded onto a flight.

The order to halt such training methods came after Prime Minister J-P Raffarin voiced concern at the bungled exercise.

Police say the explosives used cannot be activated without detonators.

However, the bag in which they were planted has still not been traced.

Passenger 'at risk'

"The procedures that were used Friday night will no longer be allowed," Pierre Bouquin, spokesman for France's police force known as gendarmes, was quoted as saying by the AFP news agency.

"We're going to stop practicing this on the bags of travellers," the spokesman added.

Earlier, Jean-Pierre Raffarin insisted that any future training must guarantee "the respect of the private life of passengers".

"The fight against terrorism and insecurity is a priority for the government, but [Raffarin] made clear his concern in the face of the way the training... was conducted" at the airport, a statement from Mr Raffarin's office said.

The statement said the existing procedures were "susceptible to making the relevant passenger run a risk in the eyes of foreign authorities when arriving in the destination country".

Whisked away

During the exercise, police deliberately placed the bag with up to 150g explosives in a randomly chosen passenger's luggage as it passed along a conveyer belt.

One of the sniffer dogs involved in the exercise successfully detected the item, but the other failed.

Police than tried to repeat the exercise, but the bag had been mistakenly whisked off.

The explosives could have made it onto any of 90 flights leaving Charles de Gaulle airport that evening, police said.

http://www.dehavilland.co.uk/webhost.asp?wci=default&wcp=AviationStoryPage&ItemID=7247823&ServiceID=8&filterid=1&searchid=37655

Bungled security exercise at Paris airport
06/12/2004

French gendarmes have said they will review techniques for training sniffer dogs after a bag containing plastic explosives was lost at a Paris airport during a routine exercise.

The bag in which the explosives were planted has still not been traced.

Police planted the explosives in a passenger's luggage at Charles de Gaulle airport to see if sniffer dogs would detect them. The bag was then mistakenly loaded onto a flight.

Although police have claimed the explosives cannot be activated without detonators, prime minister Jean-Pierre Raffarin has voiced his concerns over the debacle.

He insisted that any future training must guarantee "the respect of the private life of passengers".

A later statement from the French premier's office also declared: "The fight against terrorism and insecurity is a priority for the government, but Raffarin made clear his concern in the face of the way the training was conducted."

Only one of the sniffer dogs involved in the exercise managed to detect the 150g of plastic explosive.

According to gendarmes, the explosive could have been on any of the 90 flights leaving from Charles de Gaulle airport that evening.

© 1998-2004 DeHavilland Information Services plc. All rights reserved.

http://abclocal.go.com/wabc/news/wabc_120404_explosives.html

Explosives Disappear at Paris Airport
(Paris-WABC, December 4, 2004) — Crews were busy training bomb sniffing dogs at the Charles de Gaule Airport in Paris when the explosives they were supposed to be searching for disappeared.

Now French police say they don't know where they are.

Flights out of Paris arrived in Los Angeles and New York. One flight and its 300 Air France passengers were held at L.A.X. while their luggage was thoroughly searched.

In New York both American Airlines and Air France arriving flights were also searched as officials looked to find the missing explosives. Nothing was found.

French police say the explosives are harmless because no detonators were attached.

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News Update
Army distorted Pat Tillman story
Washington Post

Pat Tillman
Just days after Pat Tillman died from friendly fire on a desolate ridge in southeastern Afghanistan, the U.S. Army Special Operations Command released a brief account of his last moments.

The April 30, 2004, statement awarded Tillman a posthumous Silver Star for combat valor and described how a section of his Ranger platoon came under attack.

He ordered his team to dismount and then maneuvered the Rangers up a hill near the enemys location, the release said. As they crested the hill, Tillman directed his team into firing positions and personally provided suppressive fire. . . . Tillmans voice was heard issuing commands to take the fight to the enemy forces.

It was a stirring tale and fitting eulogy for the Armys most famous volunteer in the war on terrorism, a charismatic former star with the Arizona Cardinals and Arizona State University whose reticence, courage and handsome beret-draped face captured for many Americans the best aspects of the countrys post-Sept. 11, 2001, character.

It was also a distorted and incomplete narrative, according to dozens of internal Army documents obtained by The Washington Post that describe Tillmans death by fratricide after a chain of botched communications, a misguided order to divide his platoon over the objection of its leader and undisciplined firing by fellow Rangers.

The Armys public release made no mention of friendly fire, even though at the time it was issued, investigators in Afghanistan had taken at least 14 sworn statements from Tillmans platoon members that made clear the true causes of his death. The statements included a searing account from the Ranger nearest Tillman during the firefight, who quoted him shouting Cease fire! Friendlies! with his last breaths.

Army records show Tillman fought bravely during his final battle. He followed orders, never wavered and at one stage proposed discarding his heavy body armor, apparently because he wanted to charge a distant ridge occupied by the enemy, an idea rejected by his immediate superior, witness statements show.

But the Armys published account not only withheld all evidence of fratricide, it exaggerated Tillmans role and stripped his actions of their context. Tillman was not one of the senior commanders on the scene  he directed only himself, one other Ranger and an Afghan militiaman, under supervision from others. Witness statements in the Armys files at the time of the press release describe Tillmans voice ringing out on the battlefield mainly in a desperate effort, joined by other Rangers on his ridge, to warn comrades to stop shooting at their own men.

The Armys April 30 news release was just one episode in a broader Army effort to manage the uncomfortable facts of Pat Tillmans death, according to internal records and interviews.

During several weeks of memorials and commemorations that followed Tillmans death, commanders at his 75th Ranger Regiment and their superiors hid the truth about friendly fire from Tillmans brother Kevin, who had fought with Pat in the same platoon, but was not involved in the firing incident and did not know the cause of his brothers death. Commanders also withheld the facts from Tillmans widow, his parents, national politicians and the public, according to records and interviews with sources involved in the case.

On May 3, Ranger and Army officers joined hundreds of mourners at a public ceremony in San Jose, Calif., where Sen. John McCain, RAriz., Denver Broncos quarterback Jake Plummer and Maria Shriver took the podium to remember Tillman. The visiting officers gave no hint of the evidence investigators collected in Afghanistan.

In a telephone interview, McCain said: I think it would have been helpful to have at least their suspicions known before he spoke about Tillmans death in public. Even more, he said, the family deserved some kind of headsup that there would be questions.

McCain said Sunday that questions raised by Mary Tillman, Pats mother, about how the Army handled the case led him to meet twice earlier this fall with Army officers and former acting Army secretary Les Brownlee to seek answers. About a month ago, McCain said, Brownlee told him the Pentagon would reopen its investigation. McCain said he was not certain about the scope of the new investigation but that he believed it is continuing. A Pentagon official confirmed an investigation is under way, but Army spokesmen declined to comment further.

When she learned friendly fire had taken her sons life, I was upset about it, but I thought, Well, accidents happen,  Mary Tillman said in a telephone interview Sunday. Then when I found out that it was because of huge negligence at places along the way  you have time to process that and you really get annoyed.

INQUIRY QUESTIONED

As memorials and news releases shaped public perceptions in May, Army commanders privately pursued military justice investigations of several low-ranking Rangers who had fired on Tillmans position and officers who issued the ill-fated missions orders, records show.

Army records show that Col. James Nixon, the 75th Ranger Regiments commander, accepted his chief investigators findings on the same day, May 8, that he was officially appointed to run the case. A spokesman for U.S. Central Command, or CENTCOM, which is legally responsible for the investigation, declined to respond to a question about the short time frame between the appointment and the findings.

The Army acknowledged only that friendly fire probably killed Tillman when Lt. Gen. Philip Kensinger Jr. made a terse announcement on May 29 at Fort Bragg, N.C. Kensinger declined to answer further questions and offered no details about the investigation, its conclusions, or who might be held accountable.

Army spokesmen said last week they followed standard policy in delaying and limiting disclosure of fratricide evidence. All the services do not prematurely disclose any investigation findings until the investigation is complete, said Lt. Col. Hans Bush, chief of public affairs for the Army Special Operations Command at Fort Bragg. The Silver Star narrative released April 30 came from information provided by Ranger commanders in the field, Bush said.

Kensingers May 29 announcement that fratricide was probable came from an executive summary supplied by Central Command only the night before, he said. Because Kensinger was unfamiliar with the underlying evidence, he felt he could not answer questions, Bush said.

For its part, Central Command, headquartered at Mac-Dill Air Force Base in Tampa, Fla., handled the disclosures in accordance with (Department of Defense) policies, Lt. Cmdr. Nick Balice, a command spokesman, said in an e-mail Saturday responding to questions. Asked specifically why Central Command withheld any suggestion of fratricide when Army investigators by April 26 had collected at least 14 witness statements describing the incident, Balice wrote in an e-mail: The specific details of this incident were not known until the completion of the investigation.

GUIDELINES LACKING

The U.S. military has confronted a series of prominent friendly fire cases in recent years, in part because hairtrigger technology and increasingly lethal remote-fire weapons can quickly turn relatively small mistakes into deadly tragedies. Yet the militarys justice system has few consistent guidelines for such cases, according to specialists in Army law. Decision-making about how to mete out justice rests with individual unit commanders who often work in secret, acting as both investigators and judges.

You can have tremendously divergent outcomes at a very low level of visibility, said Eugene Fidell, president of the National Institute of Military Justice and a visiting lecturer at Harvard Law School.

In the Tillman case, those factors were compounded by the victims extraordinary public profile. Also, Tillmans April 22 death was announced just days before the shocking disclosure of photographs of abuse by U.S. soldiers working as guards in Iraqs Abu Ghraib prison. The photos ignited an international furor and generated widespread questions about discipline and accountability in the Army.

Commemorations of Tillmans courage and sacrifice offered contrasting images of honorable service, undisturbed by questions about possible command or battlefield mistakes.

Whatever the cause, McCain said, you may have at least a subconscious desire here to portray the situation in the best light, which may not have been totally justified.

QUICK INVESTIGATION

Working in private last spring, the 75th Ranger Regiment moved quickly to investigate and wrap up the case, Army records show.

Immediately after the incident, platoon members generated after-action statements and investigators working in Afghanistan gathered logs, documents and e-mails. The investigators interviewed platoon members and senior officers to reconstruct the chain of events. By early May, the evidence made clear in precise detail how the disaster unfolded.

On patrol in Talibaninfested sectors of Afghanistans Paktia province, Tillmans Black Sheep platoon, formally 2nd Platoon, A Company, 2nd Battalion, 75th Ranger Regiment, became bogged down because of a broken Humvee. Lt. David Uthlaut, the platoon leader, recommended that his unit stay together, deliver the truck to a nearby road, then complete his mission. He was overruled by a superior officer monitoring his operations from distant Bagram, near Kabul, who ordered Uthlaut to split his platoon, with one section taking care of the Humvee and the other proceeding to a village, where the platoon was to search for enemy guerrillas.

Steep terrain and high canyon walls prevented the two platoon sections from communicating with each other at crucial moments. When one section unexpectedly changed its route and ran into an apparent Taliban ambush while trapped in a deep canyon, the other section from a nearby ridge began firing in support at the ambushers. As the ambushed group broke free from the canyon, machine guns blazing, one heavily armed vehicle mistook an allied Afghan militiaman for the enemy and poured hundreds of rounds at positions occupied fellow Rangers, killing Pat Tillman and the Afghan.

Investigators had to decide whether low-ranking Rangers who did the shooting had followed their training or had fired so recklessly that they should face military discipline or criminal charges. The investigators also had to decide whether more senior officers whose decisions contributed to the chain of confusion around the incident were liable.

Reporting formally to Col. Nixon in Bagram on May 8, the cases chief investigator offered nine specific conclusions, which Nixon endorsed, according to the records.

Among them:

 The decision by a Ranger commander to divide Tillmans 2nd Platoon into two groups, despite the objections of the platoons leader, created serious command and control issues and contributed to the eventual breakdown in internal Platoon communications. The Post could not confirm the name of the officer who issued this command.

 The A Company commanders order to the platoon leader to get boots on the ground at his mission objective created a false sense of urgency in the platoon, which, whether intentional or not, led to a hasty plan. That officers name also could not be confirmed by The Post.

 Sgt. Greg Baker, the lead gunner in the Humvee that poured the heaviest fire on Ranger positions, failed to maintain his situational awareness at key moments of the battle and failed to direct the firing of other gunners in his vehicle.

 The other gunners failed to positively identify their respective targets and exercise good fire discipline. . . . Their collective failure to exercise fire discipline, by confirming the identity of their targets, resulted in the shootings of Corporal Tillman.

The chief investigator appeared to reserve his harshest judgments for the lowerranking Rangers who did the shooting rather than the higher-ranking officers who oversaw the mission. While his judgments about the senior officers focused on process and communication problems, the chief investigator wrote about the failures in Bakers truck:

While a great deal of discretion should be granted to a leader who is making difficult judgments in the heat of combat, the Command also has a responsibility to hold its leaders accountable when that judgment is so wanton or poor that it places the lives of other men at risk.

Gen. John Abizaid, CENTCOMs commander in chief, formally approved the investigations conclusions May 28 under an aides signature and forwarded the report to Special Operations commanders for evaluation and any action you deem appropriate to incorporate relevant lessons learned.

The field investigations findings raised another question for Army commanders: Were the failures that resulted in Tillmans death serious enough to warrant administrative or criminal charges?

In the military justice system, field officers such as Nixon, commander of the 75th Ranger Regiment, can generally decide such matters.

At least two low-ranking Rangers, including Baker, accepted administrative punishments that led to demotions but no incarceration, according to sources involved in the case. Baker left the Rangers on an honorable discharge when his enlistment ended last spring, while others who were in his truck remain in the Army, these sources said.

It could not be learned what actions  if any  were taken against the more senior officers who pressured the platoon leader and ordered him to divide his force, over his objections. Army spokesmen declined to comment, citing privacy rules and Pentagon policy.

Military commanders have occasionally leveled charges of involuntary manslaughter in high-profile friendly fire cases, such as one in 2002 when an Illinois National Guard pilot, Maj. Harry Schmidt, mistakenly bombed Canadian troops in Afghanistan. But in that case and others like it military prosecutors have found it difficult to make murder charges stick against soldiers making rapid decisions in combat.

And because there is no uniform, openly published military case law about when friendly fire cases cross the line from accident to crime, commanders are free to interpret that line for themselves.

FOCUS AIMS LOW

The list of cases in recent years where manslaughter charges have been brought is almost arbitrary and capricious, said Charles Gittins, a former Marine who is Schmidts defense lawyer. Gittins said senior military officers tend to focus on lowranking personnel rather than commanders. In Schmidts case, he said, Every single general and colonel with the exception of Harrys immediate commander has been promoted since the accident. Schmidt, on the other hand, was fined and banned from flying Air Force jets.

Short of manslaughter, the most common charge leveled in fratricide is dereliction of duty, or what the military code calls culpable inefficiency in the performance of duty, according to military law specialists. This violation is defined in the Pentagons official Manual for Courts Martial as inefficiency for which there is no reasonable or just excuse.

In judging whether this standard applies to a case such as Tillmans death, prosecutors are supposed to decide whether the accused person exercised that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances.

Even if a soldier or officer is found guilty under this code, the punishments are limited to demotions, fines and minor discipline such as extra duty.

Records in the Tillman case do not make clear whether Army commanders considered more serious punishments than this against any Rangers or officers, and if so, why they were apparently rejected.

http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1000732072

Did Pentagon Lie In Reports on Death of Pat Tillman?

By E&amp;P Staff

Published: December 06, 2004 2:00 PM ET

NEW YORK While it has been known for months that the death of former football star Pat Tillman in Afghanistan was due to friendly fire, in contrast to how it was first reported, a two-part Washington Post probe that appeared on Sunday and Monday went much further, laying blame on the Pentagon for what looks like a deliberate misinformation campaign.

David Zucchino in Monday's Los Angeles Times added more to the story, noting the changing Pentagon story, and adding that even the "amended Pentagon conclusion is contradicted by Afghans who were there the night of April 22."

Zucchino wrote that Tillman's parents "say the military has deceived them and stonewalled their attempts to find out how their son died." His mother said, "I'm disgusted by things that have happened with the Pentagon since my son's death."

His father added: "The investigation is a lie. It's insulting to Pat."

The Pentagon is now reviewing its investigation, but has not yet responded to a July 6 FOIA request by the L.A. Times asking for it and other documents.

The Washington Post probe, led by Managing Editor Steve Coll, observed that the Pentagon's spin on Tillman's death was "a distorted and incomplete narrative, according to dozens of internal Army documents obtained by The Washington Post that describe Tillman's death by fratricide after a chain of botched communications, a misguided order to divide his platoon over the objection of its leader and undisciplined firing by fellow Rangers."

According to the Post, "The Army's public release made no mention of friendly fire, even though at the time it was issued, investigators in Afghanistan had already taken at least 14 sworn statements from Tillman's platoon members that made clear the true causes of his death. The statements included a searing account from the Ranger nearest Tillman during the firefight, who quoted him as shouting 'Cease fire! Friendlies!' with his last breaths. ...

"But the Army's published account not only withheld all evidence of fratricide, but also exaggerated Tillman's role and stripped his actions of their context. Tillman was not one of the senior commanders on the scene -- he directed only himself, one other Ranger and an Afghan militiaman, under supervision from others. ...

"The Army's April 30 news release," the Post concluded, "was just one episode in a broader Army effort to manage the uncomfortable facts of Pat Tillman's death, according to internal records and interviews."

Asked in an online chat at the newspaper's Web site on Monday how long it would take for people to accuse the Post of "desecrating" Tillman's memory, media critic Howard Kurtz replied: "Fifteen minutes or less."

http://edition.cnn.com/2004/US/12/06/tillman.investigation

Army reopens investigation of Tillman death
From Barbara Starr
CNN Washington Bureau
Monday, December 6, 2004 Posted: 1735 GMT (0135 HKT)

WASHINGTON (CNN) -- The U.S. Army has reopened an investigation into the death of Army Ranger Spc. Pat Tillman in Afghanistan, based on its ongoing questions of the case as well as those raised by Tillman's family, an Army official said.

The move came last month.

Tillman, who gave up a contract with the Arizona Cardinals to become a Ranger, was killed in Afghanistan on April 22 in what initially was described as an Taliban ambush.

However, weeks later, the Army announced in a brief statement that Tillman had most likely been killed in friendly fire by soldiers who did not realize in the confusion of the battle that they were firing at other Americans.

The Washington Post on Sunday published a detailed account of the events leading to Tillman's death, based on witness statements, e-mails, investigation findings, logbooks, maps and photographs. (Report of Tillman's death describes friendly fire horror )

According to the report, after his platoon was split up, Tillman and others in his group came under heavy friendly fire from rifles and a machine gun.

In a second article Monday, the Post reported the Army had offered "a distorted and incomplete narrative" in Tillman's death. The paper cited internal Army documents that "describe Tillman's death by fratricide after a chain of botched communications, a misguided order to divide his platoon over the objection of its leader and undisciplined firing by fellow Rangers."

Army officials said Tillman's mother, Mary, went to Sen. John McCain, R-Arizona, seeking details of the roles and missions of other soldiers and officers present during the attack.

She also wanted to know why the Army took several weeks to announce it was a friendly-fire incident and had other questions, including why her son's bloodied uniform was burned, the officials said.

McCain approached the Army in October seeking additional information.

An Army official said that several Rangers were disciplined after the incident.

According to the official, one member received administrative charges; four were rotated out of the Ranger unit back into regular Army infantry units, and two were reprimanded.

The official said he did not know why the actions were never announced by the Army at the time of the incident, but noted that due to privacy regulations, names and details of administrative discipline are not released.

http://seattletimes.nwsource.com/html/nationworld/2002110336_tillman06.html

The errors that killed Pat Tillman

By Steve Coll
The Washington Post

First in a series

It ended on a stony ridge in fading light. Spc. Pat Tillman lay dying behind a boulder. A young fellow U.S. Army Ranger stretched prone beside him, praying quietly as tracer bullets poured in.

"Cease fire! Friendlies!" Tillman cried out.

Smoke drifted from a signal grenade Tillman had detonated minutes before in a desperate bid to show his platoon members they were shooting the wrong men. For a few moments, the firing had stopped. Tillman stood up, chattering in relief. Then the machine gun bursts erupted again.

"I could hear the pain in his voice," recalled the young Ranger who had been near him. Tillman kept calling out that he was a friendly, and he shouted, "I am Pat (expletive) Tillman, damn it!" His comrade recalled: "He said this over and over again until he stopped."

Myths shaped Pat Tillman's reputation, and mystery shrouded his death. A long-haired, fierce-hitting defensive back with the Arizona Cardinals of the National Football League, he turned away a $3.6 million contract after the Sept. 11, 2001, attacks and joined the Army, ultimately giving his life in combat in Taliban-infested southeastern Afghanistan.

Millions of stunned Americans mourned his death April 22 and embraced his sacrifice as a rare example of courage and national service. But the full story of how Tillman ended up on that Afghan ridge and why he died at the hands of his own comrades has never been told.

Dozens of witness statements, e-mails, investigation findings, logbooks, maps and photographs obtained by The Washington Post show that Tillman died unnecessarily following botched communications, a mistaken decision to split his platoon over the objections of its leader, and negligent shooting by pumped-up young Rangers  some in their first firefight  who failed to identify their targets as they blasted their way out of a frightening ambush.

The records show Tillman fought bravely and honorably until his last breath. They also show that his superiors exaggerated his actions and invented details as they burnished his legend in public, at the same time suppressing details that might tarnish Tillman's commanders.

Army commanders hurriedly awarded Tillman a posthumous Silver Star for valor and released a nine-paragraph account of his heroism that made no mention of fratricide. A month later the head of the Army's Special Operations Command, Lt. Gen. Philip Kensinger Jr., called a news conference to disclose in a brief statement that Tillman "probably" died by "friendly fire." Kensinger refused to answer questions.

Friends and family describe Tillman as an American original, a maverick who burned with intensity. He was wild, exuberant, loyal, compassionate and driven, they say. He bucked convention, devoured books and debated conspiracy theories. He demanded straight talk about uncomfortable truths.

After his death, the Army that Tillman served did not do the same.

From Cardinals to "Black Sheep"

Pat Tillman's decision to trade the celebrity and luxury of pro football for a grunt's life at the bottom of the Ranger chain of command shocked many people, but not those who felt they knew him best.

"There was so much more to him than anyone will ever know," reflected Denver Broncos quarterback Jake Plummer, a teammate at Arizona State University and on the Cardinals, speaking at a memorial service in May. Tillman was "fearless on the field, reckless, tough," yet he was also "thought-provoking. He liked to have deep conversations with a Guinness," and he would walk away from those sessions saying, "I've got to become more of a thinker."

In high school and college, a mane of flaxen hair poured from beneath his football helmet. His muscles rippled in a perfect taper from the neck down. "Dude" was his favorite pronoun; for fun he did handstands on the roof of the family house. He pedaled shirtless on a bicycle to his first pro training camp.

"I play football. It just seems so unimportant compared to everything that has taken place," he told NFL Films after the Sept. 11 attacks. His grandfather had been at Pearl Harbor. "A lot of my family has gone and fought wars, and I really haven't done a damn thing."

He was very close to his younger brother Kevin, then playing minor-league baseball for the Cleveland Indians organization. They finished each other's sentences, friends recounted. They enlisted in the U.S. Army Rangers together in spring 2002. Less than a year later, they shipped out to Iraq.

In Pat Tillman's first firefight during the initial months of the Iraq war, he watched his lead gunner die within minutes, stepped into his place and battled steadfastly, said Steve White, a U.S. Navy SEAL on the same mission.

"He was thirsty to be the best," White said.

Yet Tillman accepted his ordinary status in the military and rarely talked about himself. One night he confided to White that he had just turned down an NFL team's attempt to sign him to a huge contract and free him from his Army service early.

"I'm going to finish what I started," Tillman said, as White recalled at the May memorial. The next morning Tillman returned to duty and was ordered to cut "about an acre of grass by some 19-year-old kid."

The Tillman brothers served together in the "Black Sheep," otherwise known as 2nd Platoon, A Company, 2nd Battalion, 75th Ranger Regiment. They were elite  special operators transferred from Iraq in the spring to conduct sweep and search missions against the Taliban and al-Qaida remnants in eastern Afghanistan. The Rangers worked with CIA paramilitaries, Afghan allies and other special forces on grid-by-grid patrols designed to flush out and entrap enemy guerrillas. They moved in small, mobile, lethal units.

On April 13, the Tillman brothers rolled out with their fellow Black Sheep from a clandestine base near the Pakistan border to begin anti-Taliban patrols with two other Ranger platoons. A week later the other platoons returned to base. So did the two senior commanding officers of A Company, records show.

They left behind the 2nd Platoon to carry on operations near Khost, in Paktia province, a region of broken roads and barren rock canyons frequented by Osama bin Laden and his allies for many years before the Sept. 11 attacks.

Left in command of the 2nd Platoon was then-Lt. David Uthlaut, a recent graduate of the U.S. Military Academy at West Point, where he had been named the prestigious first captain of his class. Now serving as a captain in Iraq, Uthlaut declined to be interviewed for these articles, but his statements and field communications are among the documents The Post obtained.

Uthlaut's mission, as Army investigators later put it, was to kill or capture any "anti-coalition members" that he and his men could find.

A busted Humvee, a divided platoon

The trouble began with a Humvee's broken fuel pump.

A helicopter flew into Paktia with a spare on the night of April 21. But the next morning, the Black Sheep's mechanic had no luck with his repair.

Uthlaut ordered his platoon to pull out. He commanded 34 men in nine vehicles, including the busted Humvee. They towed the broken vehicle with straps because they lacked a proper tow bar. After several hours on rough, dirt-rock roads, the Humvee's front end buckled. It could move no farther. Uthlaut pulled his men into a tiny village called Margarah to assess options.

It was just after noon. They were in the heart of Taliban country, and they were stuck.

Uthlaut messaged his regiment's Tactical Operations Center far away at Bagram, near Kabul. He asked for a helicopter to hoist the Humvee back to base. No dice, came the reply: There would be no transport chopper available for at least two or three days.

While Uthlaut tried to develop other ideas, his commanders at the base squabbled about the delay. According to investigative records, a senior officer in the Rangers' operations center, whose name is edited out of documents obtained by The Post, complained pointedly to A Company's commander, Uthlaut's immediate superior.

"This vehicle problem better not delay us any more," the senior officer said, as he later recalled in a sworn statement. The 2nd Platoon was already 24 hours behind schedule, he said. It was supposed to be conducting clearing operations in Manah, a southeastern Afghan village.

By 4 p.m. Uthlaut thought he had a solution. He could hire a local "jinga truck" driver to tow the Humvee out to a nearby road where the Army could move down and pick it up. In this scenario, Uthlaut told his commanders, he had a choice. He could keep his platoon together until the Humvee had been disposed of, then move to Manah. Or he could divide his platoon in half, with one "serial" handling the vehicle while the other serial moved immediately to the objective.

The A Company commander, under pressure from his superior to get moving, ordered Uthlaut to split his platoon.

Uthlaut objected. "I would recommend sending our whole platoon up to the highway and then having us go together to the villages," he wrote in an e-mail to the operations center at 5:03 p.m. With sunset approaching, he wrote, even if he split the platoon, the serial that went to Manah would be unable to carry out search operations before dark. And under procedures at the time, he was not supposed to conduct such operations at night.

Uthlaut's commander overruled him. Get half your platoon to Manah right away, he ordered.

But why? Uthlaut asked, as he recalled in a sworn statement. Do you want us to change procedures and conduct sweep operations at night?

No, said the A Company commander.

"So the only reason you want me to split up is so I can get boots on the ground in sector before it gets dark?" an incredulous Uthlaut asked, as he recalled.

Yes, his commander said.

Uthlaut tried "one last-ditch effort," pointing out that he had only one heavy .50-caliber machine gun for the entire platoon. Did that change anything? The commander said it did not.

"At that point I figured I had pushed the envelope far enough and accepted the mission," Uthlaut recalled in the statement.

He pulled his men together hastily and briefed them. Twenty hours after its detection, the broken Humvee part had brought them to a difficult spot: They had to divide into two groups quickly and get moving across a darkening, hostile landscape.

Serial 1, led by Uthlaut and including Pat Tillman, would move immediately to Manah.

Serial 2, with the local tow truck hauling the Humvee, would follow but would soon branch off toward a highway to drop off the vehicle.

Sgt. Greg Baker, a young and slightly built Ranger nearing the end of his enlistment, commanded the heaviest-armed vehicle in Serial 2, just behind the jinga tow truck. Baker's men wielded the .50-caliber machine gun, plus an M-240B machine gun, an M-249 squad automatic weapon and three M-4 carbines.

Baker's truck would do the heaviest shooting if there was an attack. Baker, who left the Rangers last spring, declined to comment for these articles as did a second gunner, Trevor Alders.

Kevin Tillman was also assigned to Serial 2. He manned an MK19, a weapon capable of firing 350 small grenades a minute at a range of more than 2,200 yards.

They left Margarah village a little after 6 p.m. They had been in the same place for more than five hours, presenting an inviting target for Taliban guerrillas.

Pat Tillman's serial, with Uthlaut in command, soon turned into a steep and narrow canyon, passed through safely and approached Manah as planned.

Serial 2 briefly started down a different road, then stopped. The Afghan tow-truck driver said he couldn't navigate the pitted road. He suggested they turn around and follow the same route Serial 1 had taken. After Serial 2 passed Manah, the group could circle around to the designated highway. Serial 2's leader, the platoon sergeant, agreed. There was no radio communication between the two serials about this change in plans.

At 6:34 p.m. Serial 2, with about 17 Rangers in six vehicles, entered the narrow canyon that Serial 1 had just left.

Tomorrow: The ambush begins.

http://www.azcentral.com/sports/cardinals/articles/1205tillmannarrative05-ON.html

Barrage of bullets drowned out cries of Tillman's comrades

Steve Coll
The Washington Post
Dec. 5, 2004 11:00 AM

It ended on a stony ridge in fading light. Spec. Pat Tillman lay dying behind a boulder. A young fellow U.S. Army Ranger stretched prone beside him, praying quietly as tracer bullets poured in.

"Cease fire! Friendlies!" Tillman cried out.

Smoke drifted from a signal grenade Tillman had detonated minutes before in a desperate bid to show his platoon members they were shooting the wrong men. For a few moments, the firing had stopped. Tillman stood up, chattering in relief. Then the machine gun bursts erupted again. advertisement

"I could hear the pain in his voice," recalled the young Ranger near him. Tillman kept calling out that he was a friendly, and he shouted, "I am Pat (expletive) Tillman, damn it!" His comrade recalled: "He said this over and over again until he stopped."

Myths shaped Pat Tillman's reputation, and mystery shrouded his death. A long-haired, fierce-hitting defensive back with the Arizona Cardinals of the National Football League, he turned away a $3.6 million contract after the Sept. 11, 2001, attacks to volunteer for the war on terrorism, ultimately giving his life in combat in Taliban-infested southeastern Afghanistan.

Millions of stunned Americans mourned his death last April 22 and embraced his sacrifice as a rare example of courage and national service. But the full story of how Tillman ended up on that Afghan ridge and why he died at the hands of his own comrades has never been told.

Dozens of witness statements, e-mails, investigation findings, logbooks, maps and photographs obtained by The Washington Post show that Tillman died unnecessarily after botched communications, a mistaken decision to split his platoon over the objections of its leader, and negligent shooting by pumped-up young Rangers - some in their first firefight - who failed to identify their targets as they blasted their way out of a frightening ambush.

The records show Tillman fought bravely and honorably until his last breath. They also show that his superiors exaggerated his actions and invented details as they burnished his legend in public, at the same time suppressing details that might tarnish Tillman's commanders.

Army commanders hurriedly awarded Tillman a posthumous Silver Star for valor and released a nine-paragraph account of his heroism that made no mention of fratricide. A month later the head of the Army's Special Operations Command, Lt. Gen. Philip Kensinger Jr., called a news conference to disclose in a brief statement that Tillman "probably" died by "friendly fire." Kensinger refused to answer questions.

Friends and family describe Tillman as an American original, a maverick who burned with intensity. He was wild, exuberant, loyal, compassionate and driven, they say. He bucked convention, devoured books and debated conspiracy theories. He demanded straight talk about uncomfortable truths.

After his death, the Army that Tillman served did not do the same.

Pat Tillman's decision to trade the celebrity and luxury of pro football for a grunt's life at the bottom of the Ranger chain of command shocked many people, but not those who felt they knew him best.

"There was so much more to him than anyone will ever know," reflected Denver Broncos quarterback Jake Plummer, a teammate at Arizona State University and on the Cardinals, speaking at a memorial service last May. Tillman was "fearless on the field, reckless, tough," yet he was also "thought-provoking. He liked to have deep conversations with a Guinness," and he would walk away from those sessions saying, "I've got to become more of a thinker."

In high school and college, a mane of flaxen hair poured from beneath his football helmet. His muscles rippled in a perfect taper from the neck down. "Dude" was his favorite pronoun; for fun he did handstands on the roof of the family house. He pedaled shirtless on a bicycle to his first pro training camp.

"I play football. It just seems so unimportant compared to everything that has taken place," he told NFL Films after the Sept. 11 attacks. His grandfather had been at Pearl Harbor. "A lot of my family has gone and fought wars, and I really haven't done a damn thing."

He was very close to his younger brother Kevin, then playing minor league baseball for the Cleveland Indians organization. They finished each other's sentences, friends recounted. They enlisted in the U.S. Army Rangers together in spring 2002. Less than a year later, they shipped out to Iraq.

In Pat Tillman's first firefight during the initial months of the Iraq war, he watched his lead gunner die within minutes, stepped into his place and battled steadfastly, said Steve White, a U.S. Navy SEAL on the same mission. "He was thirsty to be the best," White said.

Yet Tillman accepted his ordinary status in the military and rarely talked about himself. One night he confided to White that he had just turned down an NFL team's attempt to sign him to a huge contract and free him from his Army service early.

"I'm going to finish what I started," Tillman said, as White recalled at the May memorial. The next morning Tillman returned to duty and was ordered to cut "about an acre of grass by some 19-year-old kid."

The Tillman brothers served together in the "Black Sheep," otherwise known as 2nd Platoon, A Company, 2nd Battalion, 75th Ranger Regiment. They were elite - special operators transferred from Iraq in the spring to conduct sweep and search missions against the Taliban and al-Qaida remnants in eastern Afghanistan. The Rangers worked with CIA paramilitaries, Afghan allies and other special forces on grid-by-grid patrols designed to flush out and entrap enemy guerrillas. They moved in small, mobile, lethal units.

On April 13, 2004, the Tillman brothers rolled out with their fellow Black Sheep from a clandestine base near the Pakistan border to begin anti-Taliban patrols with two other Ranger platoons. A week later the other platoons returned to base. So did the two senior commanding officers of A Company, records show. They left behind the 2nd Platoon to carry on operations near Khost, in Paktia province, a region of broken roads and barren rock canyons frequented by Osama bin Laden and his allies for many years before the Sept. 11 attacks.

Left in command of the 2nd Platoon was then-Lt. David Uthlaut, a recent graduate of the U.S. Military Academy at West Point, where he had been named the prestigious first captain of his class. Now serving as a captain in Iraq, Uthlaut declined to be interviewed for these articles, but his statements and field communications are among the documents obtained by The Post.

Uthlaut's mission, as Army investigators later put it, was to kill or capture any "anti-coalition members" that he and his men could find.

The trouble began with a Humvee's broken fuel pump.

A helicopter flew into Paktia with a spare on the night of April 21. But the next morning, the Black Sheep's mechanic had no luck with his repair.

Uthlaut ordered his platoon to pull out. He commanded 34 men in nine vehicles, including the busted Humvee. They towed the broken vehicle with straps because they lacked a proper tow bar. After several hours on rough, dirt-rock roads, the Humvee's front end buckled. It could move no farther. Uthlaut pulled his men into a tiny village called Margarah to assess options.

It was just after noon. They were in the heart of Taliban country, and they were stuck.

Uthlaut messaged his regiment's Tactical Operations Center far away at Bagram, near Kabul. He asked for a helicopter to hoist the Humvee back to base. No dice, came the reply: There would be no transport chopper available for at least two or three days.

While Uthlaut tried to develop other ideas, his commanders at the base squabbled about the delay. According to investigative records, a senior officer in the Rangers' operations center, whose name is redacted from documents obtained by The Post, complained pointedly to A Company's commander, Uthlaut's immediate superior.

"This vehicle problem better not delay us any more," the senior officer said, as he later recalled in a sworn statement. The 2nd Platoon was already 24 hours behind schedule, he said. It was supposed to be conducting clearing operations in a southeastern Afghan village called Manah.

By 4 p.m. Uthlaut had a solution, he believed. He could hire a local "jinga truck" driver to tow the Humvee out to a nearby road where the Army could move down and pick it up. In this scenario, Uthlaut told his commanders, he had a choice. He could keep his platoon together until the Humvee had been disposed of, then move to Manah. Or he could divide his platoon in half, with one "serial" handling the vehicle while the other serial moved immediately to the objective.

The A Company commander, under pressure from his superior to get moving, ordered Uthlaut to split his platoon.

Uthlaut objected. "I would recommend sending our whole platoon up to the highway and then having us go together to the villages," he wrote in an e-mail to the operations center at 5:03 p.m. With sunset approaching, he wrote, even if he split the platoon, the serial that went to Manah would be unable to carry out search operations before dark. And under procedures at the time, he was not supposed to conduct such operations at night.

Uthlaut's commander overruled him. Get half your platoon to Manah right away, he ordered.

But why? Uthlaut asked, as he recalled in a sworn statement. Do you want us to change procedures and conduct sweep operations at night?

No, said the A Company commander.

"So the only reason you want me to split up is so I can get boots on the ground in sector before it gets dark?" an incredulous Uthlaut asked, as he recalled.

Yes, said his commander.

Uthlaut tried "one last-ditch effort," pointing out that he had only one heavy .50-caliber machine gun for the entire platoon. Did that change anything? The commander said it did not.

"At that point I figured I had pushed the envelope far enough and accepted the mission," Uthlaut recalled in the statement.

He pulled his men together hastily and briefed them. Twenty hours after its detection, the broken Humvee part had brought them to a difficult spot: They had to divide into two groups quickly and get moving across a darkening, hostile landscape.

Serial One, led by Uthlaut and including Pat Tillman, would move immediately to Manah.

Serial Two, with the local tow truck hauling the Humvee, would follow, but would soon branch off toward a highway to drop off the vehicle.

Sgt. Greg Baker, a young and slightly built Ranger nearing the end of his enlistment, commanded the heaviest-armed vehicle in Serial Two, just behind the jinga tow truck. Baker's men wielded the .50-caliber machine gun, plus an M-240B machine gun, an M-249 squad automatic weapon and three M-4 carbines. Baker's truck would do the heaviest shooting if there were any attack. Two of his gunners had never seen combat before.

Baker left the Rangers last spring; he declined to comment for these articles. A second gunner in his vehicle, Trevor Alders, also declined to discuss the incident.

Kevin Tillman was also assigned to Serial Two. He manned an MK19 gun in the trailing vehicle, well behind Baker.

They left Margarah village a little after 6 p.m. They had been in the same place for more than five hours, presenting an inviting target for Taliban guerrillas.

Pat Tillman's serial, with Uthlaut in command, soon turned into a steep and narrow canyon, passed through safely and approached Manah as planned.

Behind them, Serial Two briefly started down a different road, then stopped. The Afghan tow truck driver said he couldn't navigate the pitted road. He suggested they turn around and follow the same route that Serial One had taken. After Serial Two passed Manah, the group could circle around to the designated highway. Serial Two's leader, the platoon sergeant, agreed.

There was no radio communication between the two serials about this change in plans.

At 6:34 p.m. Serial Two, with about 17 Rangers in six vehicles, entered the narrow canyon that Serial One had just left.

When he heard the first explosion, the platoon sergeant thought one of his vehicles had struck a land mine or a roadside bomb.

They had been in the canyon only a minute. In his machine gun-laden truck, Greg Baker also thought somebody had hit a mine. He and his men jumped out of their vehicle. Baker looked up at the sheer canyon walls. The canyon was five to 10 yards across at its narrowest. "I noticed rocks falling," he recalled in a statement, and "then I saw the second and third mortar rounds hit." He could hear, too, the rattle of enemy small-arms fire.

It was not a bomb - it was an ambush. Baker and his comrades thought they could see their attackers moving high above them. They began to return fire.

They were trapped in the worst possible place: the kill zone of an ambush. The best way to beat a canyon ambush is to flee the kill zone as fast as possible. But Baker and his men had dismounted their vehicles. Worse, when they scrambled back and tried to move, they discovered that the lumbering Afghan tow truck in their serial was stalled, blocking their exit.

Baker "ran up and grabbed" the truck driver and his Afghan interpreter and "threw them in the truck and started to move," as he recalled. He fired up the canyon walls until he ran out of ammunition. Then he jumped from the tow truck, ran back to his vehicle and reloaded. When the tow truck stopped again, Baker shouted at his own driver to move around it.

Finally freed, Baker's heavily armed Humvee raced out of the ambush canyon, its machine guns pounding fire, its inexperienced shooters coursing with adrenaline.

Ahead of them, parked outside a small village near Manah, David Uthlaut heard an explosion. From his position he "could not see the enemy or make an adequate assessment of the situation," so he ordered his men to move toward the firing.

Uthlaut designated Pat Tillman as one of three fire team leaders and ordered him to join other Rangers "to press the fight," as Uthlaut put it, against an uncertain adversary.

Uthlaut tried to raise Serial Two on his radio. He wanted to find out where the Rangers were and to tell them where his serial had set up. But he couldn't get through - the high canyon walls blocked radio signals.

Tillman and other Rangers moved up a rocky north-south ridge that faced the ambush canyon on a roughly perpendicular angle.

The light was dimming. "It was like twilight," one Ranger in the fight recalled. "You couldn't see colors, but you could see silhouettes." Another soldier felt the light was "still pretty good."

A sergeant with Tillman on the ridge recalled he "could actually see the enemy from the high northern ridge line. I could see their muzzle flashes." The presumed Taliban guerrillas were about half a mile away, he estimated.

Tillman approached the sergeant and said "that he saw the enemy on the southern ridge line," as the sergeant recalled. Tillman asked whether he could drop his heavy body armor. "No," the sergeant ordered.

"I didn't think about it at the time, but I think he wanted to assault the southern ridge line," the sergeant recalled.

Instead, on the sergeant's instructions, Tillman moved down the slope with other Rangers and "into a position where he could engage the enemy," the sergeant recalled. With Tillman were a young Ranger and a bearded Afghan militia fighter who was part of the 2nd Platoon's traveling party.

A Ranger nearby watched Tillman take cover. "I remember not liking his position," he recalled. "I had just seen a red tracer come up over us ... which immediately struck me as being a M240 tracer. ... At that time the issue of friendly fire began turning over in my mind."

Tillman and his team fired toward the canyon to suppress the ambush. His brother Kevin was in the canyon.

Several of Serial Two's Rangers said later that as they shot their way out of the canyon, they had no idea where their comrades in Serial One might be.

"Contact right!" one gunner in Greg Baker's truck remembered hearing as they rolled from the ambush canyon.

As he fired, Baker "noticed muzzle flashes" coming from a ridge to the right of the village they were now approaching. Everyone in his vehicle poured fire at the flashes in a deafening roar.

"I saw a figure holding an AK-47, his muzzle was flashing, he wasn't wearing a helmet, and he was prone," Baker recalled in a statement. "I focused only on him. I got tunnel vision."

Baker was aiming at the bearded Afghan militia soldier in Pat Tillman's fire team. He died in a fusillade from Baker's Humvee.

A gunner in Baker's light truck later guessed they were "only about 100 meters" from their new targets on the ridge, but they were "driving pretty fast towards them."

Rangers are trained to shoot only after they have clearly identified specific targets as enemy forces. Gunners working together are supposed to follow orders from their vehicle's commander - in this case, Baker. If there is no chance for orderly talk, gunners are supposed to watch their commander's aim and shoot in the same direction.

As they pulled alongside the ridge, the gunners poured an undisciplined barrage of hundreds of rounds into the area Tillman and other members of Serial One had taken up positions, Army investigators later concluded. The gunner of the M-2 .50-caliber machine gun in Baker's truck fired every round he had.

The shooters saw only "shapes," a Ranger-appointed investigator wrote, and all of them directed bursts of machine gun fire "without positively identifying the shapes."

Yet not everyone in Baker's convoy was confused. The driver of Baker's vehicle or the one behind him - the records are not clear - pulled free of the ambush canyon and quickly recognized the parked U.S. Army vehicles of Serial One ahead of him.

He looked to his right and saw a bearded Afghan firing an AK-47, "which confused me for a split second," but he then quickly saw the rest of Serial One on top of the ridge.

The driver shouted twice: "We have friendlies on top!" Then he screamed "No!" Then he yelled several more times to cease fire, he recalled. "No one heard me."

Up on the ridge, Tillman and Rangers around him began to wave their arms and shout. But they only attracted more fire from Baker's vehicle.

"I saw three to four arms pop up," one of the gunners with Baker recalled. "They did not look like the cease-fire hand-and-arm signal because they were waving side to side." When he and the other gunners spotted the waving arms, their "rate of fire increased."

The young Ranger nearest Tillman on the ridge, whose full name could not be confirmed, saw a Humvee coming down the road. "They made eye contact with us," then began firing, he remembered. Baker's heavily armed vehicle "rolled into our sight and started to unload on top of us. They would work in bursts."

Tillman and nearly a dozen other Rangers on the ridge tried everything they could: They shouted, they waved their arms, and they screamed some more.

"Ranger! Ranger! Cease fire!" one soldier on the ridge remembered shouting.

"But they couldn't hear us," recalled the soldier nearest Tillman. Then Tillman "came up with the idea to let a smoke grenade go." As its thick smoke unfurled, "this stopped the friendly contact for a few moments," the Ranger recalled.

"We thought the battle was over, so we were relieved, getting up and stretching out, and talking with one another."

Suddenly he saw the attacking Humvee move into "a better position to fire on us." He heard a new machine gun burst and hit the ground, praying, as Pat Tillman fell.

A sergeant farther up the ridge from Tillman fired a flare - an even clearer signal than Tillman's smoke grenade that these were friendly forces.

By now Baker's truck had pulled past the ridge and had come into plain sight of Serial One's U.S. vehicles. Baker said later that he looked down the road, then back up to the ridge. He saw the flare and identified Rangers even as he continued to shoot at the Afghan he believed to be a Taliban fighter. Finally he began to call for a cease-fire.

In the village behind Tillman's ridge, Uthlaut and his radio operator had been pinned down by the streams of fire pouring from Baker's vehicle. Both were eventually hit by what they assumed was machine gun fire.

The last of Serial Two's vehicles pulled up in the village. All the firing had stopped.

The platoon sergeant jumped out and began searching for Uthlaut, angry that nobody seemed to know what was happening. He found the lieutenant sitting near a wall of the village, dropped down beside him and demanded to know what he was doing. "At that point I spotted the blood around his mouth" and realized there were casualties - and that Uthlaut was one of them, wounded but still conscious.

On the ridge the young Ranger nearest Pat Tillman screamed, "Oh my (expletive) God!" again and again, as one of his comrades recalled. The Ranger beside Tillman had been lying flat as Tillman initially called out for a cease-fire, yelling out his name. Then Tillman went silent as the firing continued. Now the young Ranger saw a "river of blood" coming from Tillman's position. He got up, looked at Tillman, and saw that "his head was gone."

"I started screaming. ... I was scared to death and didn't know what to do."

A sergeant on the ridge took charge. He called for a medic, ordered Rangers to stake out a perimeter picket in case Taliban guerrillas attacked again, and opened a radio channel to the 75th Ranger Regiment's operations center at Bagram.

Seventeen minutes after Serial Two had entered the canyon, 2nd Platoon reported that its forces "were no longer in contact," as a Ranger-appointed investigator later put it. It was not clear then or later who the Afghan attackers spotted by half a dozen Rangers in both serials had been, how many guerrillas there were, or whether any were killed.

Nine minutes later, a regiment log shows, the platoon requested a medevac helicopter and reported two soldiers killed in action. One was the Afghan militia soldier. The other was Pat Tillman, 27.

His brother Kevin arrived on the scene in Serial Two's trailing vehicle.

Kevin Tillman declined to be interviewed for these stories and was not asked by Ranger investigators to provide sworn statements. But according to other statements and sources familiar with the investigation, Kevin was initially asked to take up guard duty on the outskirts of the shooting scene.

He learned that his brother was dead only when a platoon mate mentioned it to him casually, according to these sources.

It would take almost five more weeks - after a flag-draped coffin ceremony, a Silver Star award and a news release, and a public memorial attended by Sen. John McCain, R-Ariz., Jake Plummer and newswoman Maria Shriver - for the Rangers or the Army to acknowledge to Kevin Tillman, his family or the public that Pat Tillman had been killed by his own men.

Washington Post staff writer Josh White contributed to this report.

http://www.azcentral.com/sports/cardinals/articles/1206TillmanII06-ON.html

Friendly fire facts hidden early on after Tillman's death

Steve Coll
The Washington Post
Dec. 6, 2004 06:00 AM

Just days after Pat Tillman died from friendly fire on a desolate ridge in southeastern Afghanistan, the U.S. Army Special Operations Command released a brief account of his last moments.

The April 30, 2004, statement awarded Tillman a posthumous Silver Star for combat valor and described how a section of his Ranger platoon came under attack.

"He ordered his team to dismount and then maneuvered the Rangers up a hill near the enemy's location," the release said. "As they crested the hill, Tillman directed his team into firing positions and personally provided suppressive fire. ... Tillman's voice was heard issuing commands to take the fight to the enemy forces." advertisement

It was a stirring tale and fitting eulogy for the Army's most famous volunteer in the war on terrorism, a charismatic former pro football star whose reticence, courage and handsome beret-draped face captured for many Americans the best aspects of the country's post-Sept. 11 character.

It was also a distorted and incomplete narrative, according to dozens of internal Army documents obtained by The Washington Post that describe Tillman's death by fratricide after a chain of botched communications, a misguided order to divide his platoon over the objection of its leader and undisciplined firing by fellow Rangers.

The Army's public release made no mention of friendly fire, even though at the time it was issued, investigators in Afghanistan had taken at least 14 sworn statements from Tillman's platoon members that made clear the true causes of his death. The statements included a searing account from the Ranger nearest Tillman during the firefight, who quoted him shouting "Cease fire! Friendlies!" with his last breaths.

Army records show Tillman fought bravely during his final battle. He followed orders, never wavered and at one stage proposed discarding his heavy body armor, apparently because he wanted to charge a distant ridge occupied by the enemy, an idea rejected by his immediate superior, witness statements show.

But the Army's published account not only withheld all evidence of fratricide, it exaggerated Tillman's role and stripped his actions of their context. Tillman was not one of the senior commanders on the scene - he directed only himself, one other Ranger and an Afghan militiaman, under supervision from others. Witness statements in the Army's files at the time of the press release describe Tillman's voice ringing out on the battlefield mainly in a desperate effort, joined by other Rangers on his ridge, to warn comrades to stop shooting at their own men.

The Army's April 30 press release was just one episode in a broader Army effort to manage the uncomfortable facts of Pat Tillman's death, according to internal records and interviews.

During several weeks of memorials and commemorations that followed Tillman's death, commanders at his 75th Ranger Regiment and their superiors hid the truth about friendly fire from Tillman's brother Kevin, who had fought with Pat in the same platoon, but was not involved in the firing incident and did not know the cause of his brother's death. Commanders also withheld the facts from Tillman's widow, his parents, national politicians and the public, according to records and interviews with sources involved in the case.

On May 3, Ranger and Army officers joined hundreds of mourners at a public ceremony in San Jose, Calif., where Sen. John McCain, R-Ariz., Denver Broncos quarterback Jake Plummer and Maria Shriver took the podium to remember Tillman. The visiting officers gave no hint of the evidence investigators collected in Afghanistan.

In a telephone interview, McCain said: "I think it would have been helpful to have at least their suspicions known" before he spoke about Tillman's death in public. Even more, he said, "the family deserved some kind of heads-up that there would be questions."

McCain said Sunday that questions raised by Mary Tillman, Pat's mother, about how the Army handled the case led him to meet twice earlier this fall with Army officers and former acting Army secretary Les Brownlee to seek answers. About a month ago, McCain said, Brownlee told him the Pentagon would reopen its investigation. McCain said he was not certain about the scope of the new investigation but that he believed it is continuing. A Pentagon official confirmed an investigation is underway, but Army spokesmen declined to comment further.

When she learned friendly fire had taken her son's life, "I was upset about it, but I thought, 'Well, accidents happen,' " Mary Tillman said in a telephone interview Sunday. "Then when I found out that it was because of huge negligence at places along the way - you have time to process that and you really get annoyed."

As memorials and news releases shaped public perceptions in May, Army commanders privately pursued military justice investigations of several low-ranking Rangers who had fired on Tillman's position and officers who issued the ill-fated mission's orders, records show.

Army records show that Col. James C. Nixon, the 75th Ranger Regiment's commander, accepted his chief investigator's findings on the same day, May 8, that he was officially appointed to run the case. A spokesman for U.S. Central Command, or CENTCOM, which is legally responsible for the investigation, declined to respond to a question about the short time frame between the appointment and the findings.

The Army acknowledged only that friendly fire "probably" killed Tillman when Lt. Gen. Philip R. Kensinger Jr. made a terse announcement on May 29 at Fort Bragg, N.C. Kensinger declined to answer further questions and offered no details about the investigation, its conclusions, or who might be held accountable.

Army spokesmen said last week they followed standard policy in delaying and limiting disclosure of fratricide evidence. "All the services do not prematurely disclose any investigation findings until the investigation is complete," said Lt. Col. Hans Bush, chief of public affairs for the Army Special Operations Command at Fort Bragg. The Silver Star narrative released April 30 came from information provided by Ranger commanders in the field, Bush said.

Kensinger's May 29 announcement that fratricide was "probable" came from an executive summary supplied by Central Command only the night before, he said. Because Kensinger was unfamiliar with the underlying evidence, he felt he could not answer questions, Bush said.

For its part, Central Command, headquartered at MacDill Air Force Base in Tampa, Fla., handled the disclosures "in accordance with (Department of Defense) policies," Lt. Cmdr. Nick Balice, a command spokesman, said in an e-mail Saturday responding to questions. Asked specifically why Central Command withheld any suggestion of fratricide when Army investigators by April 26 had collected at least 14 witness statements describing the incident, Balice wrote in an e-mail: "The specific details of this incident were not known until the completion of the investigation."

The U.S. military has confronted a series of prominent friendly fire cases in recent years, in part because hair-trigger technology and increasingly lethal remote-fire weapons can quickly turn relatively small mistakes into deadly tragedies. Yet the military's justice system has few consistent guidelines for such cases, according to specialists in Army law. Decision-making about how to mete out justice rests with individual unit commanders who often work in secret, acting as both investigators and judges.

"You can have tremendously divergent outcomes at a very low level of visibility," said Eugene R. Fidell, president of the National Institute of Military Justice and a visiting lecturer at Harvard Law School. "That does not necessarily contribute to public confidence in the administration of justice in the military. Other countries have been moving away" from systems that put field commanders in charge of their own fratricide investigations, he said.

In the Tillman case those factors were compounded by the victim's extraordinary public profile. Also, Tillman's April 22 death was announced just days before the shocking disclosure of photographs of abuse by U.S. soldiers working as guards in Iraq's Abu Ghraib prison. The photos ignited an international furor and generated widespread questions about discipline and accountability in the Army.

Commemorations of Tillman's courage and sacrifice offered contrasting images of honorable service, undisturbed by questions about possible command or battlefield mistakes.

Whatever the cause, McCain said, "you may have at least a subconscious desire here to portray the situation in the best light, which may not have been totally justified."

Working in private last spring, the 75th Ranger Regiment moved quickly to investigate and wrap up the case, Army records show.

Immediately after the incident, platoon members generated after-action statements and investigators working in Afghanistan gathered logs, documents and e-mails. The investigators interviewed platoon members and senior officers to reconstruct the chain of events. By early May, the evidence made clear in precise detail how the disaster unfolded.

On patrol in Taliban-infested sectors of Afghanistan's Paktia province, Tillman's "Black Sheep" platoon, formally 2nd Platoon, A Company, 2nd Battalion, 75th Ranger Regiment, became bogged down because of a broken Humvee. Lt. David Uthlaut, the platoon leader, recommended that his unit stay together, deliver the truck to a nearby road, then complete his mission. He was overruled by a superior officer monitoring his operations from distant Bagram, near Kabul, who ordered Uthlaut to split his platoon, with one section taking care of the Humvee and the other proceeding to a village, where the platoon was to search for enemy guerrillas.

Steep terrain and high canyon walls prevented the two platoon sections from communicating with each other at crucial moments. When one section unexpectedly changed its route and ran into an apparent Taliban ambush while trapped in a deep canyon, the other section from a nearby ridge began firing in support at the ambushers. As the ambushed group broke free from the canyon, machine guns blazing, one heavily armed vehicle mistook an allied Afghan militiaman for the enemy and poured hundreds of rounds at positions occupied fellow Rangers, killing Pat Tillman and the Afghan.

Investigators had to decide whether low-ranking Rangers who did the shooting had followed their training or had fired so recklessly that they should face military discipline or criminal charges. The investigators also had to decide whether more senior officers whose decisions contributed to the chain of confusion around the incident were liable.

Reporting formally to Col. Nixon in Bagram on May 8, the case's chief investigator offered nine specific conclusions, which Nixon endorsed, according to the records.

Among them:

 The decision by a Ranger commander to divide Tillman's 2nd Platoon into two groups, despite the objections of the platoon's leader, "created serious command and control issues" and "contributed to the eventual breakdown in internal Platoon communications." The Post could not confirm the name of the officer who issued this command.

 The A Company commander's order to the platoon leader to get "boots on the ground" at his mission objective created a "false sense of urgency" in the platoon, which, "whether intentional or not," led to "a hasty plan." That officer's name also could not be confirmed by The Post.

 Sgt. Greg Baker, the lead gunner in the Humvee that poured the heaviest fire on Ranger positions "failed to maintain his situational awareness" at key moments of the battle and "failed" to direct the firing of other gunners in his vehicle.

 The other gunners "failed to positively identify their respective targets and exercise good fire discipline. ... Their collective failure to exercise fire discipline, by confirming the identity of their targets, resulted in the shootings of Corporal Tillman."

The chief investigator appeared to reserve his harshest judgments for the lower-ranking Rangers who did the shooting rather than the higher-ranking officers who oversaw the mission. While his judgments about the senior officers focused on process and communication problems, the chief investigator wrote about the failures in Baker's truck:

"While a great deal of discretion should be granted to a leader who is making difficult judgments in the heat of combat, the Command also has a responsibility to hold its leaders accountable when that judgment is so wanton or poor that it places the lives of other men at risk."

Gen. John P. Abizaid, CENTCOM's commander in chief, formally approved the investigation's conclusions May 28 under an aide's signature and forwarded the report to Special Operations commanders "for evaluation and any action you deem appropriate to incorporate relevant lessons learned."

The field investigation's findings raised another question for Army commanders: Were the failures that resulted in Tillman's death serious enough to warrant administrative or criminal charges?

In the military justice system, field officers such as Nixon, commander of the 75th Ranger Regiment, can generally decide such matters.

At least two low-ranking Rangers, including Baker, accepted administrative punishments that led to demotions but no incarceration, according to sources involved in the case. Baker left the Rangers on an honorable discharge when his enlistment ended last spring, while others who were in his truck remain in the Army, these sources said.

It could not be learned what actions - if any - were taken against the more senior officers who pressured the platoon leader and ordered him to divide his force, over his objections. Army spokesmen declined to comment, citing privacy rules and Pentagon policy.

Military commanders have occasionally leveled charges of involuntary manslaughter in high-profile friendly fire cases, such as one in 2002 when an Illinois National Guard pilot, Maj. Harry Schmidt, mistakenly bombed Canadian troops in Afghanistan. But in that case and others like it military prosecutors have found it difficult to make murder charges stick against soldiers making rapid decisions in combat.

And because there is no uniform, openly published military case law about when friendly fire cases cross the line from accident to crime, commanders are free to interpret that line for themselves.

The list of cases in recent years where manslaughter charges have been brought is "almost arbitrary and capricious," said Charles Gittins, a former Marine who is Schmidt's defense lawyer. Gittins said senior military officers tend to focus on low-ranking personnel rather than commanders. In Schmidt's case, he said, "Every single general and colonel with the exception of Harry's immediate commander has been promoted since the accident." Schmidt, on the other hand, was ultimately fined and banned from flying Air Force jets.

Short of manslaughter, the most common charge leveled in fratricide is dereliction of duty, or what the military code calls "culpable inefficiency" in the performance of duty, according to military law specialists. This violation is defined in the Pentagon's official Manual for Courts Martial as "inefficiency for which there is no reasonable or just excuse."

In judging whether this standard applies to a case such as Tillman's death, prosecutors are supposed to decide whether the accused person exercised "that degree of care which a reasonably prudent person would have exercised under the same or similar circumstances."

Even if a soldier or officer is found guilty under this code, the punishments are limited to demotions, fines and minor discipline such as extra duty.

Records in the Tillman case do not make clear if Army commanders considered more serious punishments than this against any Rangers or officers, and if so, why they were apparently rejected.

Staff writer Josh White contributed to this report.

http://www.azcentral.com/news/articles/1206tilman06.html

Tillman's end filled with horror

Wire services
Dec. 6, 2004 12:00 AM

WASHINGTON - The last minutes of Pat Tillman's life were a horror of misdirected machine-gun fire and signals to firing colleagues that were misunderstood as hostile acts, according to an account published Sunday of the death of the NFL player turned soldier.

It took the Army a month to change the record to show that Tillman, the Arizona Cardinals defensive back who gave up a $3.6 million contract to become an Army Ranger, was killed in April not by Afghan guerrillas but by Ranger colleagues.

Even then, the statement by Lt. Gen. Philip Kensinger Jr., head of the Army's Special Operations Command, gave few specifics of his death and implied that he was trying to suppress enemy fire when he "probably died as a result of friendly fire." advertisement

The Washington Post on Sunday, in the first article of a two-part series, published what it described as the first full telling of how and why Tillman died. The newspaper said it had access to "dozens of witness statements, e-mails, investigation findings, logbooks, maps and photographs."

A series of mishaps and missteps began the chain of events that resulted in Tillman's death in eastern Afghanistan, the newspaper said. A Humvee broke down, which led to the splitting up of his platoon.

Tillman's brother, Kevin, who had enlisted with him in the Army Rangers in 2002, was in the part of the platoon called Serial 2.

The segment of the platoon with Pat Tillman, Serial 1, passed through a canyon and was near its north rim. The other segment, Serial 2, changed its plans because of poor roads and followed the same route into the canyon. It came under fire from Afghan Taliban fighters.

Men in Serial 1 heard an explosion that preceded the attack. Tillman and two other team leaders were ordered to head toward the attackers, the Post said. The canyon walls prevented them from radioing their positions to their colleagues, just as Serial 2 had not radioed its change in plans.

Tillman's group moved toward the north-south ridge to face the canyon, and Tillman took another Ranger and an Afghan ally down the slope.

"As they pulled alongside the ridge, the gunners poured an undisciplined barrage of hundreds of rounds into the area (where) Tillman and other members of Serial 1 had taken up positions," the Post said the Army concluded.

The first to die was the Afghan, whom the Americans mistook for a Taliban fighter.

Under fire, Tillman and almost a dozen others on the ridge "shouted, they waved their arms, and they screamed some more," the Post said.

"Then Tillman 'came up with the idea to let a smoke grenade go.' As its thick smoke unfurled, 'This stopped the friendly contact for a few moments,' " a Ranger was quoted as saying.

Assuming the friendly fire had stopped, the Ranger said, he and his comrades emerged and talked with each other, the Post reported.

"Suddenly, he saw the attacking Humvee move into 'a better position to fire on us.' He heard a new burst from a machine gun and hit the ground, praying, as Pat Tillman fell," the Post reported.

The Ranger said Tillman screamed out his name repeatedly and shouted for the shooting to stop, the Post said. He and others waved their arms, only attracting more fire.

On the ridge, the Ranger nearest Pat Tillman screamed, "Oh my (expletive) God!" again and again, as one of his comrades recalled. Tillman initially called out for a cease-fire, yelling out his name. Then Tillman went silent as the firing continued.

Now the Ranger saw a "river of blood" coming from Tillman's position. He got up, looked at Tillman, and saw that "his head was gone."

"I started screaming. . . . I was scared to death and didn't know what to do."

A sergeant on the ridge took charge. He called for a medic, ordered Rangers to stake out a perimeter picket in case Taliban guerrillas attacked again and opened a radio channel to the 75th Ranger Regiment's operations center at Bagram.

Seventeen minutes after Serial 2 had entered the canyon, 2nd Platoon reported that its forces "were no longer in contact," an investigator said.

Nine minutes later, a regiment log shows, the platoon requested a medevac helicopter and reported two soldiers killed in action: the Afghan and Tillman, 27.

His brother Kevin arrived in Serial 2's trailing vehicle.

Kevin declined to be interviewed for these stories and was not asked by Ranger investigators to provide sworn statements.

He learned that his brother was dead when a platoon mate mentioned it to him casually, according to sources.

The second part of the Post series, published on the newspaper's Web site Sunday night, tells of "a broader Army effort to manage the uncomfortable facts of Pat Tillman's death."

"Commemorations of Tillman's courage and sacrifice offered contrasting images of honorable service, undisturbed by questions about possible command or battlefield mistakes," the Post reported.

Sen. John McCain, R-Ariz., told the Post, "You may have at least a subconscious desire here to portray the situation in the best light, which may not have been totally justified."

Mary Tillman told the Post that when she learned friendly fire had killed her son: "I was upset about it, but I thought, 'Well, accidents happen.' Then when I found out that it was because of huge negligence at places along the way, you have time to process that and you really get annoyed."

The Associated Press and Washington Post contributed to this article.

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http://www.azcentral.com/sports/cardinals/articles/1207tillman07.html

Army revisits Tillman death
McCain helps family seek answers in new probe

Billy House
Republic Washington Bureau
Dec. 7, 2004 12:00 AM

WASHINGTON - The Army has opened a new investigation into football star Pat Tillman's friendly-fire death in April while serving as a U.S. soldier in Afghanistan, amid questions raised by Tillman's family and others about why the Pentagon deliberately held back or distorted some details.

Tillman, 27, who to many people had become a symbol of U.S. patriotism, had walked away from a lucrative contract extension offered by the Arizona Cardinals to join the Army in 2002.

The new probe was ordered last month by former acting Army Secretary Les Brownlee before his planned departure from that job last week, an Army spokesman said Monday. advertisement

Brownlee's order came after Sen. John McCain, R-Ariz., carrying a list of questions sent to him from Tillman's mother, Mary, met with Army officers and Brownlee on Oct. 5. Brownlee and Army officers met again with McCain on Nov. 14, the day McCain's office obtained a letter formally stating the Army had opened another investigation.

The new probe was officially opened at Brownlee's order on Nov. 3, an Army spokeswoman said.

Among the questions Mary wanted answered: Why did it take the Pentagon five weeks to acknowledge that Pat was not killed by Taliban and al-Qaida fighters on April 22 but by a section of his own Army Rangers platoon?

In fact, it was The Arizona Republic, not the Army, that first informed Pat Tillman's parents on May 28 that the Army's investigation had concluded their son likely was killed by friendly fire, a finding withheld from them and the public until after memorials and commemorations for Tillman.

Carol Darby, a spokeswoman with the Army's Special Operations Command at Fort Bragg, N.C., confirmed Monday that official findings of the investigation had been completed and turned over to Central Command as early as May 17.

But it was not until May 29 and after The Republic already had contacted Mary and Patrick Tillman and published a news story that their son likely was killed by friendly fire, that officials of the Special Operations Command publicly confirmed that was true.

Even then, the Army provided few specifics of Pat Tillman's death and implied he was trying to suppress enemy fire when he died, a claim that also is in dispute now with a new newspaper account that there may be no evidence insurgents ever opened fire on the Rangers.

"I hope the outcome of this new investigation will finally provide a full and accurate account of the events surrounding this terrible tragedy and address the concerns of his family," McCain said Monday.

"It's an entirely new investigation," said Army Sgt. Kyle Cosner, another spokesman with Special Operations Command at Fort Bragg. "It's important to distinguish between the old investigation and what is a new group of individuals conducting a new investigation."

Neither of Tillman's parents could be reached Monday for comment.

Tillman's brother-in-law, Alex Garwood, executive director of the Pat Tillman Foundation, said, "We understand the interest, but we consider this a personal matter with the family, and the foundation does not have a comment."

A spokeswoman in McCain's office said that the senator was given a time frame of "a couple of weeks" for the new investigation to be complete but that the holiday schedule makes the exact date of completion unclear.

Darby also could not give a specific time frame for completion.

Army officials insisted that no one involved in the previous investigation conducted by U.S. Central Command out of MacDill Air Force Base in Tampa is involved.

Although this new probe initially was prompted by questions raised by the Tillman family, reports on Sunday and Monday in the Washington Post and Los Angeles Times have raised more questions about what happened the night of April 22 when Tillman was killed and about the Pentagon's handling of its investigations afterward.

In a two-part report Sunday and Monday, the Post recalled how the Army's April 30 public news release purportedly giving details of Tillman's death in southeastern Afghanistan made no mention of friendly fire, even though at the time investigators already had taken at least 14 sworn statements from Tillman's platoon members that made clear the true causes of his death.

That news release, in which the Army announced Tillman was posthumously receiving the Silver Star and Purple Heart for his actions, focused on how he led a team of Rangers up a hill to knock out enemy fire that had pinned down another section of his platoon.

But the Post story described internal Army documents as also detailing a series of botched communications, a misguided order to divide the platoon over the objection of its leader, an explosion believed to be the beginning of an enemy attack, and undisciplined firing by Rangers that led to the fratricide of not just Tillman but also an Afghan militiaman.

On Monday, the Times added more fuel to the notion the Pentagon was involved in a deliberate misinformation campaign.

The newspaper reported that even with the amended version of what happened to Tillman, which was released May 29, few other specifics of Tillman's death were given and the Army continued to imply he was trying to suppress enemy fire when he died.

But even that version, the Times reported, is contradicted by Afghan police and militia commanders, along with local residents there. They say the Army Rangers simply overreacted to an explosion, either a land mine or roadside bomb, and fired wildly at Tillman and other Rangers.

The Times reported that those officials say there is no evidence insurgents opened fire in the remote canyon where Tillman was raked by gunfire from a section of his own Ranger platoon.

Army officials on Monday declined to publicly release the documents and interviews that provided the basis of its initial investigative findings.

No soldiers faced judicial action as a result of Tillman's death, but several were disciplined, Darby said.

Reach the reporter at billy.house@arizonarepublic.com or 1-(202)-906-8136

<*==*>

its not a job its slavery

http://www.azcentral.com/news/articles/1210stop-loss10.html

Debate rages on policy extending military duty

Dennis Wagner
The Arizona Republic
Dec. 10, 2004 12:00 AM

The U.S. Army says its stop-loss program is vital to ensuring that the United States always has trained, experienced soldiers on duty in war zones.

But critics say the practice of forcing soldiers to remain deployed after they are supposed to be out of the service is not only unlawful but atrocious policy for the Pentagon.

Thanks to a federal lawsuit filed by eight soldiers Monday, those arguments likely are to be addressed by a District Court judge in Washington, D.C., if not the U.S. Supreme Court.

In the meantime, however, the involuntary service of soldiers has become grist for Starbucks discussion among troops, their families and the rest of America.

Should soldiers who have completed their military obligations be forced to remain in combat zones as a patriotic duty? Or is the government abusing those who have given most for America?

"Our country is at war right now," answers Steve Soha, a Phoenix police lieutenant and gunnery sergeant in the Marine Corps Reserves. "Inconvenience and changes in plans are a fact of life. They need to suck it up and go to work."

Soha speaks from experience. His Special Operations Training Group was deployed to Afghanistan for a year when his wife was seven months pregnant. And it was sent to Iraq not long after his son was born.

Soha said enlistment contracts are absolutely clear in telling personnel that service may be extended during war. Troops who need to come home for hardship reasons have an appeal process, he added. "But I think bringing a lawsuit is embarrassing," he said. "Your country has called."

Staughton Lynd, an attorney in the federal lawsuit, is among those who say the stop-loss policy violates recruitment contracts and constitutes fraud because soldiers don't realize they are subject to involuntary extensions.

His clients include an Arizona National Guard soldier from Chandler whose wife claims recruiters were deceptive in their sign-up spiel.

When her husband, identified as John Doe 1 in the court complaint, inquired about the Army's "Try One" program, she said, "They told him there's no obligation. 'If you don't like it, you're done.'

"He was happy to be in the military. But then he said, 'OK, my time is done now.' "

Lt. Col. Bryan Hilferty, an Army spokesman in Virginia, said stop-loss is currently used only in the Afghanistan-Iraq conflict area, and only to ensure that Army units aren't shuttling new, inexperienced personnel in to key positions. "In Iraq, do we really want a platoon leader to leave four months in, and another guy to take his place?"

Hilferty pointed out that soldiers sign papers acknowledging in several places that they may be held over or recalled to duty without consent. One example: "In the event of war, my enlistment in the armed forces continues six months after the war ends unless it is discontinued by the president."

Because of such caveats, many military law experts say the federal suit has little chance of success.

But, legalities aside, Lynd said the Pentagon is shooting itself in the foot when it reneges on deals with patriotic Americans. Although stop-loss may have short-term operational advantages, Lynd said, it erodes the Pentagon's ability to recruit and enlist other soldiers who may fear similar treatment.

A recent Associated Press review found that, nationwide, National Guard sign-ups were 12 percent short of the military's goal. But Hilferty disputed those findings. He said recruiting and retention numbers for fiscal 2003-04, which ended in September, were at 107 percent of goals.

"The conventional wisdom is that stop-loss will (negatively) affect recruiting," he added. "But it doesn't."

The Army's policy derives from a federal statute that says: "(T)he President may suspend any provision of law relating to promotion, retirement or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States."

Plaintiffs in the civil suit say that language does not address soldiers who enlist via the "Try One" program, which signs up Army National Guard members for a 12-month trial program. Three of the eight plaintiffs, including the Arizona soldier, are in that category.

Lynd acknowledged that courts may lean toward presidential power during times of military action: "Obviously, there's an elephant in the kitchen, which is the tendency of judges to say, 'Well, there's a war going on.' "

However, he said, courts and the public may also see stop-loss as unfair and counterproductive because it sabotages the esprit de corps of troops.

"If you're going to have a volunteer service," Lynd said, "you have to play straight with the people. . . . We're getting e-mails from all over the world saying, 'Morale in my unit is at rock bottom.' "

Hilferty, the Army spokesman, said that's hardly news: "If a soldier's not (complaining), he's not happy."

John Goheen, a spokesman for the National Guard Association of the United States, said both sides of the stop-loss debate have merit.

"When it happens to you it's like, 'Uggh! This wasn't part of my plan.' But we all raised our hands and took an oath," Goheen said.

"We don't like it. But we certainly understand it."

<*==*>

did you ever hear of the cops sweeping north scottsdale for felons?

http://www.azcentral.com/news/articles/1210Phx-raid10.html

Authorities sweeping S. Phoenix for felons
200 captures may be made

Carol Sowers
The Arizona Republic
Dec. 10, 2004 12:00 AM

Faced with a two-year backlog of unserved warrants, police are conducting a two-week sweep in south Phoenix neighborhoods, looking for elusive suspects charged with a range of felonies.

Officers said the raid, expected to end Dec. 17, could uproot as many as 200 suspects who have eluded arrest or failed to appear in court.

As of Thursday about 20 police and Maricopa County Adult Probation officers had reeled in 90 suspects. advertisement

<*==*>

http://www.azcentral.com/arizonarepublic/news/articles/1211iraq-plea11.html

GI admits killing hurt Iraqi teen; latest moral loss

Paul Garwood
Associated Press
Dec. 11, 2004 12:00 AM

BAGHDAD - A U.S. soldier pleaded guilty Friday to killing a severely wounded Iraqi teenager in what investigators say may have been a mercy killing, the latest of several similar incidents that have undercut efforts by the United States to win support among Iraqis and defeat a rampant insurgency.

The conviction of Staff Sgt. Johnny M. Horne Jr., 30, of Winston-Salem, N.C., comes almost a month after the Nov. 13 killing of another wounded Iraqi found lying in a Fallujah mosque among the bodies of several people killed during a weeklong operation to retake that city from insurgents.

Horne is the first of four soldiers from Company C, 1st Battalion, 41st Infantry Regiment, based in Fort Riley, Kan., to face court-martial on charges of murdering Iraqis during fighting in Baghdad's impoverished Sadr City in August. advertisement

This week in Germany, a U.S. tank company commander was ordered court-martialed after being accused of shooting and killing a critically injured Iraqi driver for radical Shiite cleric Muqtada al-Sadr on May 21 near Kufa, 100 miles south of Baghdad.

As in Horne's case, witnesses have said Capt. Rogelio Maynulet, 29, of Chicago, shot the wounded man out of compassion. Maynulet will be tried on charges of assault with intent to commit murder and dereliction of duty, which carry a maximum combined sentence of 20 1/2 years.

Human rights groups have condemned the illegal killings of Iraqis - either civilians or wounded fighters - by the U.S. military, saying such acts amount to violations of international humanitarian rights and should be dealt with as war crimes.

Critics also say poor understanding by young U.S. troops of the rules of military engagement leads to the killing of civilians.

"It doesn't help you win the hearts and minds of the public if you put a bullet in their hearts and another in the minds," said Mark Garlasco, senior military analyst for Human Rights Watch.

Garlasco, speaking from New York, said there were 1,000 "questionable deaths" of Iraqi civilians at the hands of military forces between the start of the war in March 2003 until the fall of Baghdad three weeks later. The deteriorating security situation has made it impossible to count such deaths since then, he said.

"There are a lot of 19-year-old troops out there with weapons who are very scared and are facing a concealed enemy who is attacking them while not following any international standards of warfare," Garlasco said. "This doesn't excuse them, but it shows there is a level of understanding."

The U.S. military has defended its record, saying that with more than 400,000 soldiers deployed to Iraq since the war began, only a few illegal killings have come to light.

Lt. Col. Steve Boylan, a spokesman with the military command in Baghdad, said soldiers understand the rules of engagement and go through extensive training.

"The U.S. military is a cross-section of the U.S. society, where we have the complete spectrum of best possible people that you could imagine, but unfortunately we have those at the other end who commit crimes and they are held accountable," he said.

<*==*>

laws??? the government doesnt need to obey no stinking international laws!!!!

http://www.azcentral.com/news/articles/1211scotus-death11.html

Supreme Court takes global case on death penalty

Charles Lane
Washington Post
Dec. 11, 2004 12:00 AM

WASHINGTON - The Supreme Court agreed Friday to decide whether the federal courts must give a hearing to a Mexican death-row inmate in Texas who says the state violated international law by trying him for murder without first notifying Mexican diplomats who might have helped him.

The case, which has attracted worldwide attention, is seen as a test of the willingness of the judicial branch of the U.S. government to accept an international institution's authority at a time when the executive branch under President Bush is taking criticism from many quarters abroad for operating unilaterally in world affairs.

The fact that it arises in the context of the death penalty, for which the United States in general and Texas in particular are under fire in Europe and Latin America, adds to its potential international impact. advertisement

The case marks the Supreme Court's first opportunity to respond to a March 31 decision by the International Court of Justice (ICJ) in The Hague, which ruled that the United States had violated the Vienna Convention on consular relations in the case of the Texas inmate, Jose Ernesto Medellin, and 48 other Mexican nationals on death row.

The application of the Vienna Convention to criminal cases is no small issue in the United States, where the population includes millions of non-citizens.

Including the Mexicans directly involved in the ICJ ruling, there are 118 foreign nationals on death row in the United States, from 32 countries.

The court received friend-of-the court briefs from the European Union, Argentina, Bolivia, Brazil, Chile, Colombia, El Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, Uruguay, Venezuela and Mexico, all urging it to hear the case.

Also supporting Medellin's appeal was a group of former U.S. diplomats, including former Iran hostage L. Bruce Laingen, who argued that U.S. citizens abroad will "suffer in kind" if their own courts do not enforce consular access.

In its March ruling, the ICJ did not attempt to overturn the men's death sentences.

It said only that the treaty - which the United States has ratified and pledged to enforce in cases involving citizens of other ratifying countries, including Mexico - gives Medellin and the other Mexicans an individual right to claim in a federal court that their cases might have turned out differently if they had had consular access.

U.S. rules that require them to raise such claims in state court first do not apply, the ICJ ruled.

The Bush administration had argued against this interpretation, but the vote in the ICJ was 14-1, with a U.S. judge joining the majority.

The ICJ ruling brought to a head a long-simmering conflict between that court and the conservative majority on the Supreme Court, which generally favors limiting the avenues by which death-row inmates may challenge their sentences on constitutional and other legal grounds

<*==*>

why didnt the Lady of Guadalupe go directly to the bishop and tell him to build the church?

even better why didnt the Lady of Guadalupe use her magic to build the church?

you know sometimes it seems like god does things backwards.

http://www.azcentral.com/arizonarepublic/home/articles/1211altars11.html

Celebrating the Virgin
Altars mark day of feast

Sadie Jo Smokey
The Arizona Republic
Dec. 11, 2004 12:00 AM

Sometimes called Nuestra Señora de Guadalupe (Spanish for "Our Lady of Guadalupe"), the Virgin of Guadalupe is a deeply rooted religious and cultural tradition to many Hispanic Catholics. Her feast day, Sunday, is celebrated with food and prayer, with many observers building altars in their homes and yards.

The dark-skinned Madonna is not just a Mexican saint, said Robert Bitto, owner of Sueños, a Latin American import store in Phoenix.

In 1999, Pope John Paul II proclaimed the Lady of Guadalupe to be the patroness or protector of the Americas.

Bitto's store sells religious artwork of the Virgin made by artists in the Valley, Mexico, Peru and Poland. "She has universal appeal," Bitto said. "I've heard she's a very powerful symbol."

In 1531, the Lady of Guadalupe reportedly appeared to a poor indigenous man, Juan Diego, on a hillside outside of what is now Mexico City. She asked Diego to instruct the bishop to build a temple so that she could demonstrate her love, compassion and promise to protect all people. To help Diego prove that she had appeared, she made roses bloom on the hill. Diego gathered the roses in his cape and took them to the bishop. When Diego opened his cape, it was emblazoned with an image of the Virgin surrounded by a ring of light.

Typically, she is shown floating in an oval-shaped aura wearing a blue shroud with white stars, standing atop a crescent moon that is being held up by an angel. She is always leaning, face down to the right, with her hands folded in prayer. Other images show the Virgin appearing before a kneeling San Juan Diego.

The faithful can buy the image of the Lady of Guadalupe on plastic holy cards, statues, wood retablos, repujados (metal), key chains, crosses, blankets, stickers, Christmas-tree ornaments and rose- scented candles at import stores and swap meets.

"Peruvian renditions tend to look more indigenous because that's who makes it," Bitto explained. "But she comes with fair and dark skin, sometimes framed in roses."

Reach the reporter at (602) 444-8148.

"We are happy with the results, but are always pushing to do better," said Mario Ancich, a South Mountain Precinct community action officer.

Officers also recovered marijuana, cocaine, methamphetamines, two handguns, a shotgun and a rifle as of Wednesday. Officers also took a drug pipe from the jeans pocket of 38-year-old Louise Gano, who was staying with friends near Third Avenue and Dobbins Road.

She is wanted for failing to appear in court on marijuana possession charges.

In another nearby neighborhood, a woman who would identify herself only as Becky, was frightened when police cars, and officers in bulletproof vests, pulled up at the house next door.

"My niece lives there," she said. "It's scary."

Police were looking for Alejandro de la Paz, wanted on year-old drunk driving and forgery charges.

Christina Bernal, 38, related to de La Paz by marriage, said he had been living with her family but returned to Mexico six months ago.

Bernal said she is glad he is gone.

"I'm tired of the police showing up," she said.

She said she knew of the drunken driving charges but wasn't aware of the forgery charge.

Police knocked on other suspects' doors but either got no answers or were told the person had moved.

The sweep is the second in two months in the south Phoenix area.

In early October, police and probation officers spent two days looking for bail jumpers and other felons in the Cash Neighborhood, between 35th and 39th avenues and Southern Avenue to Broadway Road.

They arrested about 30 suspects and recovered six guns, two stolen vehicles and drugs.

<*==*>

75% of arizona police departments tested refused to obey arizona public records laws. 50% of other arizona government buerocrats refused to obey arizona public records laws.

http://www.azcentral.com/news/articles/1219openshut19.html

State's not-so-public records
One-quarter of agencies surveyed failed to meet access requirements

By Jacques Billeaud and Enric Volante
The Arizona Republic
Dec. 19, 2004 12:00 AM

Cynthia Weber thought sheriff's investigators didn't care enough about who killed her brother and left his body burning in the desert near Tucson, so she tried to solve the case without them.

But when she asked for the sheriff's files of the case - documents presumed by state law to be public records - she received only about 10 pages. She had to hire a private investigator and an attorney and spend thousands of dollars before she pried loose more than 800 pages.

"It's just been so long and so grueling and so hard to get these files," Weber said. "And I know that there are just so many more that they just won't give us." advertisement

A recent test of compliance with Arizona's Public Records Law suggests that, like Weber, citizens seeking information from the state's police agencies, school districts, or county and municipal officials likely will encounter delays and hassles.

But should they?

About half the agencies in the test delayed release of the records, and nearly one in four failed to turn them over within a week or never provided them.

News organizations, including The Arizona Republic, led by the Associated Press Managing Editors of Arizona, sent journalists acting as regular citizens to 119 government agencies across Arizona over three days to audit compliance with the Public Records Law.

Some agencies handed over records with little or no trouble. Others displayed ignorance of the law, fumbled their handling of the request, accused requesters of being rude when they declined to answer invasive questions, asked auditors to show a driver's license or said approval was first needed from bosses or lawyers.

The audit aimed to find out how ordinary citizens would be treated when asking for records. Auditors were instructed to identify themselves by name but not to volunteer the names of their employers or why they wanted the documents.

Citizens who accompanied auditors as observers on some visits were satisfied with how the requests were handled. But the citizens were unaware that officials sometimes failed to mail records as promised.

Among the specific findings:

• A quarter of the school districts surveyed Sept. 14-16 flunked the test, even though a school public-relations employee in Phoenix circulated an e-mail to colleagues alerting them of the audit roughly two hours after it began.

• In Nogales, an auditor reported that the interim city attorney misstated the law, thumbed through a law book to prove his point and was unable to find any such passage.

• After failing a similar audit in 2001, the Cottonwood Police Department provided a textbook example of access to records, furnishing a report on a vehicle break-in within minutes.

Advocates for open records said the audit's conclusions reflect ignorance of the law on the part of some public employees, a feeling that handing over records is a burden rather than an obligation, and a government culture in which some workers believe the documents belong to their agencies, not the people.

Although state law requires government agencies to let any person inspect public records during office hours, officials said it is often difficult to hand over documents right away.

They said they try hard to provide records to people, but they don't always have the resources to fill requests on the spot.

It takes time for employees who already have a full slate of duties to track down records, blacken out confidential information and photocopy them, they said.

The law doesn't specify a deadline for handing over documents. It was amended in 2002 to require records to be provided "promptly," and by mail if requested.

"The general presumption is that if somebody walks in and asks for a piece of information, they will get it without unreasonable delay and without the type of identification procedures you described," Arizona Attorney General Terry Goddard said.

Relatively simple records should be handed over immediately when possible or within a few days, Goddard said.

Audit participants requested drug and violence reports from public-school offices, accounts of property crimes from police and sheriff's offices, and records of meals, travel and other expenses incurred by city and county managers.

Agencies that didn't hand over records or mail them in envelopes postmarked within seven days of an auditor's visit were found to have flunked.

It took Cynthia Weber eight months and her lawyer's threat to sue the Pima County Sheriff's Department to get a huge batch of records in the investigation of the death of her brother, Jeff Glen Smith.

Weber had concluded a year after her brother's death that investigators were never going to find the culprit because Smith was suspected of having worked in a migrant smuggling operation. "He was my baby brother," Weber said. "Nobody deserves what they (have) done to him."

Detectives and their legal adviser reviewed the files page by page and reluctantly released 873 more pages, plus hundreds of photos and tapes.

The Pima County Sheriff's Department, which passed the audit, said it never neglected the case and it withheld records only because releasing more than a few would threaten its ability to find the killers.

The Arizona Supreme Court has said detectives can't withhold broad records just because an investigation remains open.

Lt. Michael G. O'Connor, head of the sheriff's homicide unit, said he believed that releasing the records jeopardized the case but that the law required the documents be disclosed.

In the audit, nearly three in four police agencies and school offices passed the test, compared with an 86 percent compliance rate for city and county managers' offices.

About two hours after the audit began, many school public-relations workers received an e-mail warning about two auditors who appeared at a Phoenix district office asking for a violence and drugs report.

In his e-mail, Phoenix Union High School District spokesman Craig Pletenik said he was "ambushed" by the two people. After questioning one of the two, Pletenik said he learned one was a newspaper reporter.

"They seemed more interested in the process and how we responded rather than the information itself," Pletenik said.

Two days later, Scottsdale Unified School District spokesman Tom Herrmann wrote: "My thanks for the warning. . . . We were able to (respond) within 10 minutes."

The e-mails, sent over a listserv run by the Arizona School Public Relations Association, were obtained through the Public Records Law.

Nedda Shafir, president of the public-relations group and spokeswoman for the Washington Elementary School District in Phoenix, said the alert didn't skew the audit's results.

"Why did they send it out, then?" state Rep. Linda Gray, a top education advocate at the Legislature, said, laughing at the claim.

Gray said the heads-up e-mail reflects the natural desire for government employees to appear in a favorable light.

She said it was unacceptable for a quarter of districts either to refuse to release the report or to take too long to produce it.

"The whole intent is to inform parents, and if the districts are not willing to give information to parents, they are not in compliance with the statute," Gray said.

Ignorance of records law appeared most often among the receptionists and clerks, usually the first point of contact in records requests.

But, in one case, an auditor reported that one of the people whose job it is to know the law demonstrated ignorance.

The auditor reported that Luis Parra, interim city attorney for Nogales, erroneously insisted the city had 10 days to respond to a request.

To prove his point, Parra pulled out a law book. Although he was unable to locate a provision, Parra maintained he was correct, the auditor reported.

The attorney also claimed the records law requires people requesting records to provide addresses and phone numbers. Parra flipped through the book again and insisted he was right, even though he couldn't find such a passage, the auditor said.

"We can't have just anyone walk in and show them these records," Parra told the auditor.

In an interview this month, Parra disputed parts of the auditor's account, particularly the assertion that the law requires requesters to provide addresses and phone numbers.

He said he might have mentioned a 10-day deadline for filling records requests, even though at the time he wasn't sure that there was such a requirement. "It's very hard to pretty much have dates on the top of my head," Parra said.

In a similar audit by news organizations in 2001, the Cottonwood Police Department stood out as one of the agencies that most vehemently denied a public-records request.

During this year's audit, clerk Nadine Flores provided the requested record within minutes. Unlike some of her counterparts, Flores didn't ask why the record was sought or raise the possibility that the record wouldn't be available during the visit.

"Usually when a person walks in, we try to get them the report the day they walk in," she said. "That is typical for us."

Tom Heck, superintendent of the Litchfield Elementary School District and president of the Arizona School Administrators Association, said it's human nature for some public employees to hesitate in handing out information, fumble around for records and inquire why requesters want documents.

Even so, Heck said, schools need to train employees about which records are open.

Prompt access to public records from schools hinges largely on whether a district is big enough to have a designated person to handle such requests, Heck said.

"The bigger districts are more prepared for your test," said Heck, who doubles as the official spokesman for his small district. "If you came to me, I'd say I'd have to figure it out."

A number of variables - staffing levels, the complexity of requests, the need to delete privileged information - make it difficult to generalize about the availability of records at local government agencies across the state, said Debbie Spinner, city attorney for Mesa and president of the Arizona City Attorneys Association.

Spinner said her office trains Mesa employees on records law and advises them if questions arise. An employee in the City Manager's Office also is designated to handle requests.

"We take public-record requests really seriously and jump on them as quickly as we can," Spinner said.

Mesa's Police Department passed the test, but its City Manager's Office didn't.

Advocates for open records said some hurdles to getting records promptly are the result of well-intentioned yet misguided efforts: trying to protect a public official from embarrassment, fear of making a mistake or angering a superior.

Other barriers, however, are the result of obstructionism, said Eric Ehst, a board member of the Arizona Advocacy Network, a group that pushes for more citizen participation in government.

Ehst criticized advice that the school public-relations group received at a seminar it held last month.

Donn Williams, policy services director of the Arizona School Boards Association, recommended that districts claim all personnel records are confidential, thus allowing officials to refuse such requests.

Williams told the group: "The way I look at it is that you tell them it's confidential, you stonewall as long as you can, and whenever they come back with an attorney's opinion or any attorney general's opinion or something like that, you do 'mea culpa, mea culpa, mea culpa,' and you give them the stuff.

"It sounds a little funny, but that's essentially the way we recommend you do it, because more often than not, people won't pursue it after that first round."

Williams said he wasn't advising people to obstruct or mislead the public.

Williams said he meant that officials should stall long enough to determine whether a record is public so they don't expose the government to liability.

He said he probably used the wrong word when he said "stonewall."

Ehst said denying or unreasonably delaying the release of records robs taxpayers of the chance to see for themselves what the government is doing in their name.

"If information isn't available to the public," Ehst said, "then government can overstep its bounds with impunity because the public doesn't know what it's doing."

http://www.azcentral.com/specials/special19/articles/1218openshut-police-ON.html

Testing Arizona's Public Records Law at police stations

Associated Press
Dec. 19, 2004 12:00 AM

On three consecutive days in September, journalists visited about 120 government agencies across Arizona to test how they apply the state's Public Records Law. They sought the same types of records from three types of agencies - law enforcement, city or county managers offices, and schools. They identified themselves by name only because the law does not require a reason when making a records request and so they would be treated as average citizens. Overall, they could not see the records in about half their visits - despite the law's requirement that "public records and other matters in the custody of any officer shall be open to any person at all times during office hours." And despite the recent addition of the word "promptly" to this requirement.

RECORD SOUGHT: Auditors identified a specific property crime through newspaper stories or other means and asked for the agency's report on the crime. The following summaries represent nearly all the agency visits in this category.

APACHE COUNTY SHERIFF advertisement

Saw record in visit? Yes

Fee: $5

Three people reviewed the request. Driver's license was requested but after objection, not required.

APACHE JUNCTION POLICE
Saw record in visit? Yes
Fee: $5
Was told that citizens usually need an appointment. To see record, had to provide address and phone on a "Public Records Request and Letter of Clearance Form."
AVONDALE POLICE
Saw record in visit? Yes
Fee: $5
A written request was required.
BISBEE POLICE
Saw records in visit? Yes
Fee: 20 cents per page
Had to drive from police department, to City Hall, back to police department. Was told it would be a couple of days but "maybe" could see it that day.
BUCKEYE POLICE
Saw record in visit? No.
Fee: $7
Agency said it would call back with records but never did.
CAMP VERDE MARSHAL
Saw record in visit? Yes
Fee: $2
Was required to allow photocopying of driver's license to get record. Clerk would not give full name.
CASA GRANDE POLICE
Saw record in visit? Yes
Fee: $5
First clerk said if the auditor wasn't involved in the case, then she couldn't see it. Informed about the law, a clerk nearby relented.
COTTONWOOD POLICE
Saw record in visit? Yes
Fee: $3
Clerk helped find case number, retrieved report and turned it over in five minutes with few questions asked.
COCONINO COUNTY SHERIFF
Saw record in visit? Yes
Fee: $6
Auditor wasn't asked to reveal details of identity.
DOUGLAS POLICE
Saw record in visit? Yes
Fee: 20 cents per page
Record turned over within eight minutes by clerk/dispatcher on duty, no questions asked.
EL MIRAGE POLICE
Saw record in visit? Yes
Fee: None
Auditor was asked for purpose of records request.
ELOY POLICE
Saw record in visit? Yes
Fee: $7.50
Had to fill out police form with phone and driver's license number, walk a block to finance department and pay fee. Asked why $7.50, was told, "I don't know. That's just what we charge."
FLAGSTAFF POLICE
Saw record in visit? Yes
Fee: $6
No written request was required.
FLORENCE POLICE DEPARTMENT
Saw record in visit? No
Fee: $5
Clerk was going to a meeting, too busy to handle request. Requester was told to fill out form. Record mailed 12 days later.
GLENDALE POLICE
Saw record in visit? No.
Fee: $5
Was told to fill out form; time for review and redacting was needed. Got record later.
GREENLEE COUNTY SHERIFF
Saw record in visit? Yes
Fee: No
No written request was required.
GOODYEAR POLICE
Saw record in visit? No
Fee: $3
Three people in on decision to deny the record. Was told police chief must review all such requests.
KINGMAN POLICE
Saw record in visit? Yes
Fee: $4.50
No written request was required.
LAKE HAVASU POLICE
Saw record in visit? Yes
Fee: $3
Police provided a photocopy of a record. Names of some people involved in the incident were edited out.
MARICOPA COUNTY SHERIFF
Saw record in visit? No
Fee: $3.50
Filled out a form, received document a week later.
MARANA POLICE
Saw record in visit? Yes
Fee: $2.50
Auditor cited the Public Records Law in making his request.
MESA POLICE
Saw record in visit? No
Fee: $5
Was told record would take at least two weeks by mail. Picked it up the following week. Detailed form required, asking "purpose of request" with following options - victim, witness, insurance claim or other.
NOGALES POLICE
Saw record in visit? Yes
Fee: $2.50
Five people involved in decision. Went from police to county attorney, back to police, then chief of police ordered the record released.
ORO VALLEY POLICE
Saw record in visit? Yes
Fee: $2
No written request was required.
PARADISE VALLEY POLICE
Saw record in visit? No
Fee: $5
Paid fee to get record by mail later. Fee was returned by mail with note saying they couldn't find record.
PAYSON POLICE
Saw record in visit? No
Fee: $3
Was told policy calls for seven to 10 days for processing records request. Form asks what record will be used for. Record mailed 12 days later.
PEORIA POLICE
Saw record in visit? Yes
Fee: $1.60
Was asked repeatedly why wanted record if not victim.
PIMA COUNTY SHERIFF
Saw record in visit? No
Fee: 60 cents
Request turned over to detective, who provided documents a few days later.
PINAL COUNTY SHERIFF
Saw record in visit? No
Fee: $7.50
Said they would send it if approved by the supervising sergeant. Mailed 14 days later.
PRESCOTT POLICE
Saw record in visit? Yes
Fee: $1.50
Requester was asked repeatedly if she was victim. Did not give name, so "refused" was stamped on form where name was requested.
PRESCOTT VALLEY POLICE
Saw record in visit? No
Fee: None
Auditor wasn't asked to detail her identity.
SAN LUIS POLICE
Saw record in visit? Yes
Fee: $3
The employee waiting on the auditor was helpful.
SAFFORD POLICE
Saw record in visit? Yes
Fee: $5
Written request was required.
SCOTTSDALE POLICE
Saw record in visit? No
Fee: $5
Would not supply report without victim name or exact address of crime.
SHOW LOW POLICE
Saw records in visit? Yes
Fee: $5
First was told it would have to be mailed, later told it was available. Request form calls name, address and phone number "required" information. Under "voluntary information," the form asks requester to explain reason for seeking report and state involvement in the case.
SIERRA VISTA POLICE
Saw record in visit? Yes
Fee: 20 cents per page
Had to fill out a form, got record in 15 minutes, no questions asked.
SURPRISE POLICE
Saw record in visit? No
Fee: $5
Clerk said incident under investigation so report not available yet. Initial report said to be available only to victim.
TEMPE POLICE
Saw record in visit? No
Fee: $5
First told, "You can't just sit here and view them. We're not set up that way." Then supervisor said records could be viewed in a few days by appointment. Made one.
TUCSON POLICE
Saw record in visit? Yes.
Fee: 25 cents per page
Staff pointed out that first crimes inquired about were handled by another agency (auditor's error). Once a Tucson police record was requested, it was provided promptly.
YAVAPAI COUNTY SHERIFF
Saw records in visit? No
Fee: None
Records supervisor said inspection requires having a specific case number or social security number of someone involved.
YUMA POLICE
Saw record in visit? No
Fee: 25 cents.
No written request was required.
YUMA COUNTY SHERIFF
Saw records in visit? No
Fee: $3
Was told it would take five business days to receive a copy of report.

http://www.azcentral.com/specials/special19/articles/1218openshut-offices-ON.html

Open records audit of city and county managers offices

Associated Press
Dec. 19, 2004 12:00 AM

On three consecutive days in September, journalists visited about 120 government agencies across Arizona to test how they apply Arizona's Public Records Law. They sought the same types of records from three types of agencies - law enforcement, city or county managers offices, and schools. They identified themselves by name only because the law does not require a reason when making a records request and so they would be treated as average citizens. Overall, they could not see the records in about half their visits - despite the law's requirement that "public records and other matters in the custody of any officer shall be open to any person at all times during office hours." And despite the recent addition of the word "promptly" to this requirement.

RECORD SOUGHT: Most recent expense report from a top administrator - either city or town manager, county manager or mayor. The following summaries represent nearly all the agency visits in this category.

APACHE COUNTY MANAGER advertisement
Saw record in visit? No
Fee: None
Was told that the person who would handle the request was at the landfill for routine disposal of records. Record sent by mail within a week.
AVONDALE CITY HALL
Saw record in visit? No
Fee: 40 cents
Was told that request must first go through attorney's office and then budget department. Staff called the next day for pick up.
BULLHEAD CITY MANAGER
Saw record in visit? No
Fee: 18 cents per page
Was asked repeatedly why the information was requested. Required to fill out form but did not answer why. Record arrived by mail in six days.
BUCKEYE CITY MANAGER
Saw record in visit? Yes
Fee: None
No written request was needed.
CAMP VERDE TOWN MANAGER
Saw record in visit? No
Fee: None
Was told that time was needed to find credit card records and remove non-public information. Provided stamped envelope; received record in mail next day.
CASA GRANDE CITY MANAGER
Saw record in visit? No
Fee: None
Was informed that request was unusual; city clerk and city attorney must review it. At clerk's request, left a detailed handwritten note. Record was postmarked a week later.
CHANDLER CITY MANAGER
Saw record in visit? No
Fee: None
Was told staff needed time to generate report. Picked it up the next day.
COCHISE COUNTY MANAGER
Saw record in visit? Yes
Fee: None
An employee who provided records said there was no question that the requested documents were public records.
COCONINO COUNTY MANAGER
Saw record in visit? No
Fee: None
Secretary said she would research and provide it. Never received receipt, just a letter from secretary stating the cost of a lunch.
COTTONWOOD CITY MANAGER
Saw record in visit? No
Fee: $19.21
Told by city employees a request including rationale must be submitted in writing to the manager himself. Record was postmarked 13 days later; bill included $18 for an hour's "research."
DOUGLAS CITY MANAGER
Saw record in visit? Yes
Fee: 50 cents
During visit, was provided with a printout of all employee expenses. Then the manager's expenses were singled out in an e-mail sent next day.
EL MIRAGE
Saw record in visit? No
Fee: None
An employee said the policy was to get records within 72 hours.
ELOY CITY MANAGER
Saw record in visit? Yes
Fee: None
In and out with record in three minutes.
FLAGSTAFF CITY MANAGER
Saw record in visit? Yes
Fee: None
No written request was needed.
FLORENCE TOWN MANAGER
Saw record in visit? No
Fee: None
Asked to file request on blank paper. Record mailed next day; 25 cents per page copy fee not charged. Was told later that attorney reviews requests for personnel records - and one time when a business seeking a town contract "wanted to use the information to undercut the company that had the town's business."
GILA COUNTY MANAGER
Saw record in visit? Yes
Fee: $1.50
Only delay was in hunting up the form that had to be filled out.
GLENDALE CITY MANAGER
Saw record in visit? No
Fee: 20 cents per page
Was told during visit there was no such thing as expense report, then by phone later that there was. It had not arrived by mail more than a week later.
GOODYEAR CITY MANAGER
Saw record in visit? No
Fee: None
Delay needed to retrieve record from another department. Had trouble with attempt to e-mail it that day, so it was faxed the next day.
GRAHAM COUNTY MANAGER
Saw record in visit? Yes
Fee: None
Auditor was asked why she wanted the records.
GREENLEE COUNTY ADMINISTRATOR
Saw record in visit? Yes
Fee: None
Auditor was asked why she wanted the records.
KINGMAN MAYOR
Saw record in visit? Yes
Fee: None
The city requested the purpose of the request.
LAKE HAVASU CITY MANAGER
Saw record in visit? No
Fee: 50 cents per page
Filled out city form, had to call back twice before record was made available six days later at City Hall. Form asks whether requester is seeking information for a claim against the government.
MARANA TOWN MANAGER
Saw record in visit? Yes
Fee: 25 cents
A written request was required.
MARICOPA COUNTY MANAGER
Saw record in visit? No
Fee: None
Staff members suspected requester was a reporter so they called newspaper to confirm. Normal 25-cents-per-page fee not charged when record faxed later.
MESA CITY MANAGER
Saw record in visit? No
Fee: None
Five people considered request before saying there is no expense report, that the city manager pays for things "out of his own pocket." It was discovered later that the city manager did file expense reports.
NOGALES CITY MANAGER
Saw record in visit? No
Fee: None
Request went to interim city attorney, who insisted state law allows 10 days to respond and said, "We can't have just anyone walk in and show them these records."
PARADISE VALLEY TOWN MANAGER
Saw record in visit? No
Fee: None
Clerks were unaware of expense reports and would not allow inspection of previous month's overall budget figures because they hadn't been audited.
PAYSON CITY MANAGER
Saw record in visit? No
Fee: 20 cents per page
Was told staff was busy with payroll and a funeral the next day so records would be sent by mail; postmarked five days later. Form required, they said, because city attorney often reviews requests.
PEORIA CITY MANAGER
Saw record in visit? No
Fee: None
A secretary and a finance department employee said they do not have access to the records. Was told to fill out a form.
PHOENIX CITY MANAGER
Saw record in visit? No
Fee: None
Was told the written request would be reviewed by the public records office and probably finance. Record later provided.
PIMA COUNTY ADMINISTRATOR
Saw record in visit? Yes
Fee: None
Auditor wasn't asked to detail his identity.
PINAL COUNTY MANAGER
Saw record in visit? Yes
Fee: None
Was asked why we wanted the record but not required to tell. Public relations man remained with requesters the whole time, trying to determine why they were there.
PRESCOTT CITY MANAGER
Saw record in visit? No
Fee: None
Was told that all records requests are reviewed by legal department. Staff asked three times if requester was part of some "group or organization."
PRESCOTT VALLEY TOWN MANAGER
Saw record in visit? No
Fee: None
Was told the staff would need 48 hours to assemble the information requested.
SANTA CRUZ COUNTY MANAGER
Saw record in visit? Yes
Fee: 25 cents per page
Record was provided within five minutes.
SCOTTSDALE CITY MANAGER
Saw record in visit? Yes.
Fee: None
Filled out form with clerk, was sent to finance department. Four pages of records were provided with no questions in 15 minutes.
SHOW LOW CITY MANAGER
Saw record in visit? No.
Fee: None
Was told all requests require legal review. Asked how the office interprets "promptly" from state law, clerk said days or weeks but not a month. Record sent by mail, postmarked three days later.
SOMERTON CITY HALL
Saw record in visit? Yes
Fee: 25 cents
Auditor was asked why he wanted the records.
SURPRISE CITY MANAGER
Saw record in visit? Yes
Fee: 50 cents per page
Clerk said finance department even added a top sheet to help understand the information better. In and out within 15 minutes.
TEMPE CITY MANAGER
Saw record in visit? No
Fee: None
Guard said requester would probably need appointment but receptionist provided a form and said it would take a couple of days. City manager himself later phoned to ask who wanted the record and why.
TUCSON CITY MANAGER
Saw record in visit? Yes
Fee: None
Receptionist led requester to an administrator, who had two pages copied and, without prompting, explained each item line by line.
YAVAPAI COUNTY MANAGER
Saw record in visit? No
Fee: None
Told on a Thursday that records are in a warehouse so call back Monday. Provided with two pages of expenditure statements and a reimbursement stub.
YUMA CITY ADMINISTRATION OFFICE
Saw record in visit? Yes
Fee: $3
Auditor wasn't asked to detail identity.
YUMA COUNTY ADMINISTRATOR
Saw record in visit? No
Fee: 25 cents per page, $7.75
Was told records are in another building so not available until next day. After checking written form, staff deduced that requester was a reporter.

http://www.azcentral.com/specials/special19/articles/1218openshut-schools-ON.html

Open records audit fo school districts around Arizona

Associated Press
Dec. 19, 2004 12:00 AM

On three consecutive days in September, journalists visited about 120 government agencies across Arizona to test how they apply Arizona's Public Records Law. They sought the same types of records from three types of agencies - law enforcement, city or county managers offices, and schools. They identified themselves by name only because the law does not require a reason when making a records request and so they would be treated as average citizens. Overall, they could not see the records in about half their visits - despite the law's requirement that "public records and other matters in the custody of any officer shall be open to any person at all times during office hours." And despite the recent addition of the word "promptly" to this requirement.

RECORD SOUGHT: Auditors identified a specific school or school district and asked them for a school violence report, which federal law requires them to keep. The following summaries represent nearly all the agency visits in this category.

BUCKEYE UNION HIGH SCHOOL advertisement
Saw record in visit? No
Fee: None
Four people considered request and superintendent provided repeated assurances that it would be made available. After a week, had received nothing.
CLIFTON UNIFIED SCHOOL DISTRICT
Saw record in visit? No
Fee: None
The following were given as reasons the report could not be viewed: No time, no staff available, report not kept, unclear which report was sought, need to check with the state, computer problems.
DYSART HIGH SCHOOL
Saw record in visit? Yes
Fee: None
Auditor wasn't asked to reveal details of his identity.
ELOY INTERMEDIATE SCHOOL
Saw record in visit? Yes
Fee: "Nada"
Receptionist sent requester to principal, who said that she could not get to it but that district office next door could. Clerk there found and provided it in 20 minutes. Asked for the charge, she said "Nada."
FLAGSTAFF UNIFIED SCHOOL DISTRICT
Saw record in visit? No
Fee: None
Three staff members did not know where to find the report but had heard of it. Said they would check with someone else and call back later.
FOUNTAIN HILLS SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Requester was required to reveal who she was to get document. Said she was reporter but refused to say why she wanted it. Superintendent asked, "Well, can you politely tell me why you want it?"
GILBERT UNIFIED SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Requester was asked whether she was a reporter. Was required to answer to get document. Was told that the question is asked of all who seek public documents so they can direct them to the proper person.
GLOBE HIGH SCHOOL
Saw record in visit? Yes
Fee: None
Was referred to assistant principal at high school, then to district office in another building. Record was provided there within 15 minutes.
HIGLEY UNIFIED SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Started at district office, sent to high school. First staff members there never heard of record, was referred to principal, who asked repeatedly but did not insist on identity and purpose.
KINGMAN HIGH SCHOOL
Saw record in visit? Yes
Fee: None
The auditor didn't have to cite Arizona's Public Records Law in making the request.
KYRENE PUBLIC SCHOOLS
Saw record in visit? No
Fee: None
Four people handled the request. Requester was asked twice if she was a "concerned parent or community member" but was not required to say. Received a phone call three days later, e-mailed report in 15 minutes. Caller said she had been busy.
LAKE HAVASU UNIFIED SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
No written request was required.
MARANA UNIFIED SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Informed staff that the law does not require a requester to reveal whom he or she is with. Record provided courteously and promptly.
MESA PUBLIC SCHOOLS
Saw record in visit? No
Fee: None
Refused repeated requests to say why the record was being sought, noting that the Public Records Law does not require this. Was told, "Well, I don't know that it is a public record." Twenty minutes later, requester was contacted and told the record would be available immediately. Received it in mail three days later.
PAYSON HIGH SCHOOL
Saw record in visit? No
Fee: None
Administrator acknowledged that the report is a public record but could not access it; his secretary had removed it to include in a report and was off that day.
PEORIA UNIFIED SCHOOL DISTRICT
Saw record in visit? No
Fee: None
New employee didn't have computer password yet to access the report. Staff later contacted requester and record was mailed.
PHOENIX UNION HIGH SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
The district's media spokesman sent an e-mail to his counterparts in other school districts to say that auditors had asked for a violence and drugs report.
PRESCOTT HIGH SCHOOL
Saw record in visit? Yes
Fee: No
Was provided a computer printout right away and a Web address, too, to find further information about the school.
SAFFORD UNIFIED SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Office staff didn't ask the auditor to detail her identity.
SCOTTSDALE PUBLIC SCHOOLS
Saw record in visit? Yes
Fee: None
Clerk took request in writing but said the record cannot be viewed right away because staff is busy. Pressed to make it available, she called a supervisor. Clerk asked whether the law really requires inspection promptly then said, "You're persistent. That's good."
SHADOW MOUNTAIN HIGH
Saw record in visit? Yes
Fee: None
Auditor wasn't required to say why he wanted the records.
SHOW LOW HIGH SCHOOL
Saw record in visit? No
Fee: None
Principal was alone in office during visit, rushing to a meeting, and asked for a handwritten request so record could be mailed later. Requester never received it.
ST. JOHNS HIGH SCHOOL
Saw record in visit? No
Fee: $1.20, 10 cents per page
Requester resisted attempts to reveal reason for request, saying law does not require it. Principal called this "adversarial," saying he doesn't have to drop everything to produce a record. He said it would take one to four hours to start looking for record so he was asked to mail it and accept the fee in advance. Principal said he would pay for it instead, but an invoice came in the mail. The auditor later received the records.
ST. JOHNS UNIFIED SCHOOL DISTRICT
Saw record in visit? No
Fee: None
District said violence and drug report was kept at high school, not in district office.
TANQUE VERDE SCHOOL DISTRICT
Saw record in visit? Yes
Fee: None
Auditor wasn't asked to say why she wanted the records.
TOLLESON HIGH SCHOOL
Saw record in visit? No
Fee: None
Told by superintendent's assistant that everyone was too busy and the records custodian was sick that day. Was advised to come back next day. Requester called again later and assistant said she would try to get the records. Had not received anything after a week.
http://www.azcentral.com/news/articles/1219openshut-side19.html
Peoria district, parents clash over documents

Louie Villalobos
The Arizona Republic
Dec. 19, 2004 12:00 AM

Last September, a group of parents in the Peoria Unified School District filed a public-records request to find out how much money the district was spending on the financially troubled Challenger Learning Center.

Instead of getting the documents it was legally entitled to, the Peoria United Parent Council got a letter from a district lawyer demanding that it pay for the gathering and copying of the documents.

"That tells us they don't care if parents have questions," said Kim Olsen, vice president of the parents group. advertisement

The request focused on the financial relationship between the school district, headquartered in Glendale, and the Challenger Space Center in Peoria. The parents group formed over the summer because of concerns about the district's involvement in the center, which amassed a debt of nearly $1 million over the past four years. The Peoria district has funded some of the staff salaries at the center.

Parents said enough is enough in July when the district's governing board decided to use $165,000 of its budget toward the operation of the center.

Under an agreement signed by the district and the center in 2000, that money does not have to be repaid. Money for Challenger staff salaries must be repaid.

The school district's attorney told parents that it would cost 5 cents per page for the "voluminous" request. The letter also said the documents requested had confidential information that would need to be redacted at $15 per hour. The letter then asked the parents to call the law office if they wanted to proceed with the request.

It was the only time this year that the district responded to a FOI request through its lawyer. In five other cases, the documents were turned over relatively quickly.

Those requests, some of which sought the same information the parents group was seeking, were from the media. In fact, stacks of documents on the issue were released to The Arizona Republic in May at no charge.

Greg Donovan, outgoing board president, said the charges were fair because the parents asked for the documents and Challenger-related questions so much that staff members were spending too much time on the parent group inquiries.

"When have you crossed the line?" he said. "If you keep asking and asking and asking, we're going to have to start charging you."

Instead of paying, the parents group asked the Arizona Attorney General's Office to investigate the district's relationship with the space cen- ter.

Olsen said the letter to the Attorney Generals Office would not have been sent had the district simply provided the documents.

Olsen said the Attorney General's Office has initiated an investigation. A spokesperson for the office would not confirm an investigation was taking place.

http://www.azcentral.com/news/articles/1220openshut20.html

Snags likely in search for records

Jacques Billeaud and Enric Volante
Dec. 20, 2004 12:00 AM

Parents trying to get reports on violence and drugs at their children's schools or homeowners seeking information from police about a burglary around the corner stand a good chance of having their motives scrutinized and getting requests for personal information when they ask for public records.

If they decline to answer questions from public employees about why they want records, they might still get the information. But some government agencies might respond with suspicion and hostility or just refuse to hand over documents, even though state law doesn't require people to state their purpose.

A recent test of Arizona's Public Records Law found that about half of the 119 local government agencies surveyed wanted to know why a person was requesting records that the law presumes are open to the public. advertisement

The goal was to audit compliance with the records law over three days and document how people might be treated when seeking records.

News organizations, led by the Associated Press Managing Editors of Arizona, sent journalists acting as regular citizens across the state Sept. 14-17. They requested reports about violence and drugs from school offices, property crime records from police agencies and expense documents submitted by city and county managers.

Auditors were instructed to identify themselves by name but not to disclose their employers or why they wanted the documents.

Some agencies told auditors that they had to complete records request forms and provide addresses and phone numbers before they could see documents. In a few cases, auditors were asked to show a driver's license.

Even though some agencies require answers to those questions, the law doesn't. In any case, the level of information sought from auditors varied among agencies.

A high school principal in St. Johns accused an auditor of being "adversarial" when he declined to say why he wanted the records.

Similarly, a school superintendent in Fountain Hills complained that an auditor, who repeatedly declined to say why she wanted records, was rude.

The audit also contributed to a change in records policy in Camp Verde, where one type of request form no longer requires people to state their purpose.

Arizona Attorney General Terry Goddard said the only acceptable inquiry of a person requesting records is whether it's for "commercial purposes," such as businesses reproducing documents for sale.

Such distinctions require a sophisticated understanding of the law from receptionists and front-desk clerks, who often are the public's first point of contact in public-records requests, Goddard said.

"Those folks are usually without (records) training," Goddard said.

Some officials say it's human nature for government employees to ask about a person's interest in records and that the question can help narrow and speed document searches.

"I think that's fine if they ask, but regardless, they are still required to give out the information," said state Rep. Linda Gray, a top education advocate at the Legislature.

When an auditor told him that the law didn't require a person to provide a purpose for records, St. Johns High School Principal Larry Heap seemed less cooperative in providing a violence and drugs report.

Heap accused the auditor of being "adversarial," saying he didn't have to drop everything to find the records.

The auditor offered to make advance payment for postage. Heap then said he would pick up the costs to avoid delay. Instead, the auditor was mailed an invoice for $1.20. After paying the bill, he received the records.

Earlier this month, Heap declined to answer questions, saying only that his office complies with the records law.

Two employees of the Fountain Hills Unified School District asked an auditor the purpose of her inquiry.

An employee asked the auditor whether she was a reporter. Yes, the auditor said, though she declined to answer questions about her purpose.

Superintendent Marian Hermie then posed the same question, prompting the same response. "Well, can you politely tell me why you want it?" asked Hermie, who handed over the records later in the visit.

In an interview a month later, Hermie complained about the auditor's refusal to answer the question.

"Frankly, if this was an audit being conducted by your professional organization, I would like to go on record as saying her presence, conduct and attitude didn't speak very highly for your group," she said.

Debbie Spinner, Mesa city attorney and president of the Arizona City Attorneys Association, said she suspects some public employees ask for a purpose when they really mean to inquire whether the documents will be used for commercial purposes, for which the government can charge more.

Non-commercial uses include journalists gathering news for the public, motorists getting accident reports for insurance claims or people who are just curious.

"If it's a non-commercial purpose, the person doesn't have to state the purpose," Spinner said.

Like other request forms auditors came across, Camp Verde had a purpose question.

About six months ago, the question struck Town Clerk Deborah Barber as unnecessary, so she said she talked with the town attorney about it, but it remained on the form.

When reading the answer given by an auditor, Barber said she decided to take it up again with the new town attorney.

"I told them that they should not be asking that," said Brad Woodford, the town's attorney. "The law doesn't require it."

The question was eliminated from non-commercial request forms in Barber's office. The change came a day after the visit, and a month before Barber said she learned of the audit.

<#**#>

Arizona Public Records LAWS ARS 39-121

http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=39

39-121. Inspection of public records

Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index

A. In this article, unless the context otherwise requires:

1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.

2. "Public body" means the state, any county, city, town, school district, political subdivision or tax-supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political subdivision of the state.

B. All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.

C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-1347 and 41-1351.

D. Subject to section 39-121.03:

1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 shall be furnished without charge.

2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41-1001, but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the department of corrections.

3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian.

E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section.

39-121.02. Action upon denial of access; expenses and attorney fees; damages

A. Any person who has requested to examine or copy public records pursuant to the provisions of this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.

B. If the court determines that a person was wrongfully denied access to or the right to copy a public record and if the court finds that the custodian of such public record acted in bad faith, or in an arbitrary or capricious manner, the superior court may award to the petitioner legal costs, including reasonable attorney fees, as determined by the court.

C. Any person who is wrongfully denied access to public records pursuant to the provisions of this article shall have a cause of action against the officer or public body for any damages resulting therefrom.

<#**#>

of course canadians have not pissed off most of countries in the world by invading them, bombing them, or giving money to people to invade so people dont hate canada like they hate the USA

http://www.azcentral.com/news/articles/1219canada-security19.html

Canadian security criticized
Report cites lack of border staffing

Beth Duff-Brown
Associated Press
Dec. 19, 2004 12:00 AM

TORONTO - Canada's security net is full of holes, with most border crossings guarded by a lone staff member and airport security so lax that missing security badges and uniforms recently turned up for sale on eBay.

A new Senate security report calls for reform, a boost in defense spending and improved cooperation with the United States. Canadians have relied too long on luck to avoid a terrorist attack, it says, scolding: "Unfortunately, luck is notoriously untrustworthy."

The 315-page report by the Senate Standing Committee on National Security and Defense, the first released under the year-old government of Prime Minister Paul Martin, said most of Canada's 160 land and maritime border crossings have only one person at the posts. advertisement

"The potential damage to the Canadian economy and other consequences that would come with allowing a terrorist to infiltrate the U.S. through Canada are massive," the report said.

Securing the 4,000-mile border is paramount to prevent terrorist attacks and protect $1.4 billion in trade each day between the North American neighbors.

"All it would take is a serious terrorist incident, caused by someone slipping through Canada, to shut down the border, and that would be an absolute disaster," said Robert Bothwell, a professor at the University of Toronto who specializes in U.S.-Canadian relations.

The report, which some are calling alarmist and ineffectual as it comes from the politically appointed upper house of parliament, noted that Canadian forces have been hit with budget cuts of about 30 percent between 1988 and 2000.

"Despite NATO's recent expansions, Canada remains mired third-last among the 26 member countries, ahead of only Luxembourg and Iceland," the report said. Iceland has no armed forces.

Canada promised to spend $6.2 billion over five years to improve border security after the Sept. 11, 2001, attacks in the United States. The measures include better screening at the 89 federal airports, but critics say little has improved.

More than 1,000 airport security uniforms and badges disappeared in the first nine months of the year, some turning up on the eBay online auction site. Transport Minister Jean Lapierre ordered an investigation into the disappearance of the uniforms and badges, which are required to gain access to restricted areas.

Though many Canadians and foreigners complain about long lines and delays because of security checks at Pearson International Airport near Toronto, the report concluded that all checked baggage is not being comprehensively screened for explosives.

"Given that terrorists have proven themselves willing to commit suicide in order to achieve their goals, more rigorous inspection of checked baggage is required," it said.

According to the Canadian Air Transport Security Authority, explosives detection systems have been deployed at most of Canada's largest airports, and the authority has pledged all checked baggage will be screened by year's end. The Senate committee, however, said it will take at least a year before that happens.

The coast guard, meanwhile, is a "toothless" agency that is unarmed and reports to the Department of Fisheries and Oceans, the report said.

"Despite its name, the coast guard doesn't play a serious role in guarding our coasts," the senators said, recommending the agency answer to the Department of National Defense for security assignments.

Wesley Wark, a University of Toronto professor who is one of Canada's leading academic experts on security and intelligence, acknowledges the report paints a bleak scenario.

But he said the committee hoped to push the Martin administration to keep up the momentum on security issues and prevent Canadians from becoming too complacent about their own safety.

<#**#>

http://www.indystar.com/articles/4/203385-9424-010.html

Nation In Brief
Police say they used Taser on 12-year-old boy

December 19, 2004

Pembroke Pines, Fla. -- Police used a Taser on a 12-year-old boy who attacked another special-needs student, the third time this fall that authorities in South Florida have used a stun gun on children.

Police said the student was Tasered on Dec. 10 after he tried to stab another student with a pencil on a school bus, then kicked and threatened an officer.

The boy was charged with several offenses, including aggravated assault and resisting a police officer with violence. He was released from custody.

Pembroke Pines Police Cmdr. David Golt said the officer used the Taser properly.

Tasers also were used on a 12-year-old girl who was caught skipping class and a 6-year-old boy. The boy was holding a shard of glass and had cut himself.

<#**#>

bush give medals to "yes men" who did nothing!!!! well they did say that IRAQ had WMD!

http://www.azcentral.com/news/articles/1215iraq-medals15.html

3 'pivotal' in Iraq honored
Presidential Medal goes to Bremer, Franks and Tenet

Ann Gerhart
Washington Post
Dec. 15, 2004 12:00 AM

WASHINGTON - Trumpeting America as liberator, the White House conferred the highest civilian honor Tuesday on three men intimately involved with the decision to invade Iraq or with the troubled aftermath of the invasion.

President Bush awarded the Presidential Medal of Freedom to Tommy Franks, the now-retired Army general who led the invasions of Afghanistan and Iraq; former CIA Director George Tenet, who told Bush it was a "slam dunk" that Iraq still had weapons of mass destruction; and L. Paul Bremer, who presided over the first 14 months of Iraq reconstruction.

Past recipients have included Mother Teresa, Fred Rogers, Rosa Parks and Pope John Paul II.

Bush said he chose the trio because they "played pivotal roles in great events" and made efforts that "made our country more secure and advanced the cause of human liberty."

Some Democrats questioned the choice.

"My hunch is that George Bush wasn't using the same standard when honoring Tenet and Bremer that was applied to previous honorees," said David Wade, a spokesman for Sen. John Kerry, D-Mass., who lost last month's presidential election to Bush. And Sen. Carl Levin, D-Mich., the ranking member on the Armed Services Committee, said Tuesday that he "would have reached a different conclusion" on Tenet. "I don't think (he) served the president or the nation well," Levin said.

The president heralded Tenet for being "one of the first to recognize" the growing threat to America from "radical terrorist networks." He made no mention of the failures outlined by the 9/11 commission that forced the administration to overhaul the nation's intelligence operations.

He praised Franks for his Iraq war plan, which utilized "a force half the size of the force that won the Gulf War" to reach Baghdad in less than a month, "the fastest, longest armored advance in the history of American warfare." Bush did not note that more Americans have died after the toppling of Saddam Hussein than during that initial charge.

Bremer, Bush said, "worked day and night in difficult dangerous conditions" to rebuild Iraq and help leaders chart the country's political future. "Every benchmark . . . was achieved on time or ahead of schedule, including the transfer of sovereignty that ended his tenure," the president said. He did not add that the transfer was hurriedly arranged two days early because of fears insurgents would attack the ceremonies.

The Medal of Freedom was established by President Truman in 1945 to honor allies who had helped the war effort, and most initial recipients were not American citizens, said Jim Salmon, who tracks the medal's history for a Web site. In 1963, President Kennedy, by executive order, restricted the award so that it could be given only by the president.

<#**#>

http://www.azcentral.com/news/articles/1207GitmoAbuse07-ON.html

FBI letter complains of interrogation techniques at Guantanamo in '02

Associated Press
Dec. 7, 2004 10:20 AM

SAN JUAN, Puerto Rico - FBI agents witnessed "highly aggressive" interrogations of terror suspects at the Guantanamo Bay prison camp in 2002, and warned the same questionable techniques could have been used in Iraq after the Abu Ghraib prison scandal broke, according to FBI documents obtained by The Associated Press and the American Civil Liberties Union.

In a letter obtained by AP, a senior Justice Department official suggested the Pentagon didn't act on FBI complaints about four incidents at Guantanamo, including a female interrogator grabbing a detainee's genitals and bending back his thumbs, another where a prisoner was gagged with duct tape and a third where a dog was used to intimidate a detainee who later was thrown into isolation and showed signs of "extreme psychological trauma."

One Marine told an FBI observer that some interrogations led to prisoners "curling into a fetal position on the floor and crying in pain," according to the letter dated July 14, 2004. advertisement

Thomas Harrington, an FBI counterterrorism expert who led a team of investigators at Guantanamo Bay, wrote the letter to Maj. Gen. Donald J. Ryder, the Army's chief law enforcement officer who's investigating abuses at U.S.-run prisons in Afghanistan, Iraq and at Guantanamo.

Harrington said FBI officials complained about the pattern of abusive techniques to top Defense Department attorneys in January 2003, and it appeared that nothing was done.

Although a senior FBI attorney "was assured that the general concerns expressed, and the debate between the FBI and DoD regarding the treatment of detainees was known to officials in the Pentagon, I have no record that our specific concerns regarding these three situations were communicated to the Department of Defense for appropriate action," Harrington wrote.

Three of the four incidents mentioned in the letter obtained by AP occurred under the watch of Gen. Geoffrey D. Miller, who ran the Guantanamo camp from October 2002 to March 2004, and left to run Abu Ghraib prison. Last month, Miller was reassigned to the Pentagon, with responsibility for housing and other support operations.

The ACLU planned Tuesday to release internal government memos that underscore the friction between the FBI and the military over interrogation methods. The documents are among 5,000 the New York-based ACLU received under two Freedom of Information Act requests, said Anthony Romero, the union's executive director.

In one document obtained by the ACLU, an FBI agent recalls Miller wanting to "Gitmo-ize" the Abu Ghraib prison, where photographs surfaced of U.S. troops forcing Iraqi prisoners to strip and pose in sexually humiliating positions. Troops often refer to the U.S. naval base in Guantanamo as "Gitmo."

"I am not sure what this means, however, if this refers to intelligence gathering as I suspect, it suggests he (Miller) has continued to support interrogation strategies we not only advised against but questioned in terms of effectiveness," reads the memo dated May 13, 2004, from an FBI agent whose name was redacted.

In another ACLU-obtained letter from an FBI agent to Harrington and dated May 10, an agent questioned whether harsh interrogation techniques turned up good information.

"In my weekly meetings with the Department of Justice we often discussed techniques and how they were not effective or producing intelligence that was reliable," according to the exchange, which was heavily redacted to remove references to dates and names.

"I finally voiced my opinion ...," the FBI agent says. "It still did not prevent them from continuing the ... methods."

Romero said the information "raises questions about the government's willingness to be forthcoming in these legal proceedings and shows that even the FBI has been uncomfortable with some of the tactics used at Guantanamo."

In the letter obtained by AP, Harrington told Ryder he was writing to follow up a meeting he had with the general the week before about detainee treatment, including "highly aggressive interrogation techniques being used against detainees in Guantanamo."

"I refer them to you for appropriate action," Harrington wrote.

Brig. Gen. Jay Hood, the current commander of the mission in Guantanamo, said allegations of mistreatment and abuse are taken seriously and investigated. "The appropriate actions were taken. Some allegations are still under investigation," Hood told AP.

None of the people named in the letter are still at the base, a Guantanamo spokesman said, but it wasn't clear if any disciplinary action had been taken. The letter identified the military interrogators only by last name and rank, and mentioned a civilian contractor.

Lt. Col. Gerard Healy, an Army spokesman, said the female interrogator - identified only as Sgt. Lacey - is being investigated, but the Army wouldn't comment further or fully identify her.

The U.S. military says prisoners are treated in accordance with the Geneva Conventions, which prohibit violence, torture and humiliating treatment. Still, at least 10 incidents of abuse have been substantiated at Guantanamo, all but one from 2003 or this year.

According to the letter obtained by AP, in late 2002 an FBI agent observed an interrogation where Sgt. Lacey whispered in the ear of a handcuffed and shackled detainee, caressed him and applied lotion to his arms. This occurred during Ramadan, Islam's holy month when contact with females is considered particularly offensive to a Muslim man.

Later, the detainee appeared to grimace in pain, and the FBI agent asked a Marine who was present why. "The Marine said (the interrogator) had grabbed the detainee's thumbs and bent them backward and indicated that she also grabbed his genitals."

In September or October of 2002, FBI agents saw a dog used "in an aggressive manner to intimidate a detainee," the letter said.

About a month later, agents saw the same detainee "after he had been subjected to intense isolation for over three months" in a cell flooded with light. "By late November, the detainee was evidencing behavior consistent with extreme psychological trauma ...," the letter said.

In October 2002, another FBI agent saw a detainee "gagged with duct tape that covered much of his head" because he would not stop chanting from the Quran.

Many detainees at Guantanamo have been held without charge and without access to attorneys since the camp opened in January 2002. The United States has imprisoned some 550 men accused of links to Afghanistan's ousted Taliban regime or al-Qaida; only four have been charged.

American Civil Liberties Union: http://www.aclu.org

<#**#>

ok i know the laws are stupid and suck but our stupid government rulers dont obey them very well

http://www.azcentral.com/12news/news/articles/1217wilcoxes.html

Wilcox, husband charged for razing historical home

The E.S. Turner House, formerly located at 704 S. First. Ave., was torn down by Maricopa County Supervisor Mary Rose Wilcox and her husband, Earl.

Yvonne Wingett
The Arizona Republic
Dec. 17, 2004 12:00 AM

Maricopa County Supervisor Mary Rose Wilcox and her husband, Earl, are facing criminal charges for illegally tearing down a historic home just south of downtown Phoenix.

City prosecutors filed two misdemeanor counts against each for failing to apply for a permit and not submitting plans before demolishing the 105-year-old house.

The pair potentially face jail time, fines, probation and political embarrassment that already has eroded some of her credibility with some Valley residents.

"Obviously, I'm disappointed they went criminal," said Manuel Silvas, a central Phoenix attorney representing the couple. "The public and everybody will see there are many individuals that dropped the ball."

But city historic preservation officers don't recall another case in which a historic home has been demolished. They have said this case sets precedent, and the loss of the Queen Anne Cottage-style house at 704 S. First Ave. is a "substantial loss" for the city.

The Wilcoxes tore down the house last summer, after buying it weeks earlier. Mary Rose has said they plan to build a house there in the heart of Grant Park neighborhood, where Earl grew up and the couple operate El Portal Mexican restaurant and a boxing gym.

A two-month city investigation released earlier this month concluded the Wilcoxes did not apply for proper permits, which they have acknowledged.

The report also found that the house was in an "extremely intact" condition. And that the pair was legally notified of its historic designation " . . . and, as such, was aware of its historically designated status."

Mary Rose has disputed both claims, saying the E.S. Turner House was a crack house.

Her lawyer says the charges undermine the "overall efforts that Mary Rose and Earl . . . have done for their community."

The pair are scheduled to be arraigned at 7:30 a.m. on Jan. 5 at Phoenix Municipal Court. If convicted, they face a maximum fine of $2,500 each, up to six months in jail and three years probation, said Brian Rock, assistant city prosecutor.

Political strategists and public relations experts say Mary Rose's years of public service will trump this incident.

"This is one of those things that in the moment seems like it could be the death nail for a political career," said Bob Grossfeld, a Democrat strategist. "But six months, a year or two down the road, it has minimal effect if any."

Republican strategist Jason Rose agreed.

"At the end of the day, no matter how upset or not upset they are, they're going to find that their supervisor, on the whole, has done an awfully good job," Rose said.

Officials in Gov. Janet Napolitano's office said a misdemeanor charge, or conviction, would not impact Earl's job status with the administration as special assistant for community outreach in the Office of Children, Youth and Families.

Staff reporter Robbie Sherwood contributed to this article.

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http://www.azcentral.com/news/articles/1217saudi-detainee17.html

Detention in Saudi Arabia faces challenge

Associated Press
Dec. 17, 2004 12:00 AM

WASHINGTON - A federal judge ruled Thursday that an American held in Saudi Arabia for suspected links to terrorism may be able to challenge his detention in a U.S. court because there is "considerable" evidence U.S. officials were behind the arrest.

The family of Ahmed Abu Ali, who grew up in Falls Church, Va., claims U.S. officials want to keep him in Saudi Arabia so he can be tortured for information.

U.S. District Judge John Bates did not rule on the legitimacy of the claims, but said there is "at least some circumstantial evidence that Abu Ali has been tortured during interrogations with the knowledge of the United States." advertisement

He rejected the government's request to dismiss the case for lack of jurisdiction and ordered federal lawyers to provide documents showing whether U.S. officials played a role in Abu Ali's arrest and detention.

The case is believed to be the first to challenge the U.S. government's position that Americans have no access to U.S. courts when they are arrested by a foreign government. Legal experts said it could set an important legal benchmark in the government's worldwide pursuit of terrorists.

"U.S. officials should not be free to avoid the limits of the law simply by making side arrangements with foreign governments to lock up people at our behest," said Georgetown University law professor David Cole, a frequent critic of Bush administration counterterrorism policies.

Justice Department spokesman Charles Miller said officials were reviewing the decision and had no immediate comment.

<#**#>

god lives in salt lake city and the elected officals there are corrupt too!

http://radio.ksl.com/index.php?sid=137619&nid=19

Radio Home Page » KSL News » Local News » Stories

Salt Lake Co. Adopts Tough Ethics Rules
Embarrassed by scandal, the Salt Lake County Council voted eight-to-zero last night to approve a package of ethics reforms.

(Dec 8, 2004) -- (Salt Lake City-AP) -- Embarrassed by scandal, the Salt Lake County Council voted eight-to-zero last night to approve a package of ethics reforms.
The reforms scrap car allowances for county executives; prohibit county contractors from making political donations to county candidates; cap campaign contributions and require county lobbyists to get registered.

Some politicians called them as much symbolic as anything.

Others say the reforms just scratch the surface.

The ethics overhaul was seen as crucial in rehabilitating a shaken public trust in county government, led by the downfall of Mayor Nancy Workman.

Councilman Joe Hatch called the overhaul the silver lining to the "guzzler-gate" and "hiring-gate" scandals.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

http://radio.ksl.com/index.php?sid=138544&nid=19

Some Not Convinced of Ethics Reform Plan
Some Salt Lake County Officials say a proposed fix to the county government's ethics problems looks fishy.

(Dec 13, 2004)

SALT LAKE CITY-(KSL News) -- Criticism this morning for a new ethics reform in Salt Lake County.

Council members say while workers will no longer be given a car allowance, the money has been rolled into their salaries.

Council member-elect Jenny Wilson says that looks like double-dipping.

Mayor-elect Peter Corroon says it is a costly loophole that needs to be closed. Other county executives say it's immaterial in the cost of doing business.

They also warn the measure allows employees to collect mileage reimbursement at taxpayer expense for any business-related travel

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http://www.azcentral.com/news/articles/1216bomb16.html

Newark screeners spot, lose fake bomb

Associated Press
Dec. 16, 2004 12:00 AM

NEWARK, N.J. - Baggage screeners at Newark Liberty International Airport spotted - and then lost - a fake bomb planted in luggage by a supervisor during a training exercise.

Despite an hours-long search Tuesday, the bag, containing a fake bomb complete with wires, a detonator and a clock, made it onto an Amsterdam-bound flight. It was recovered by airport security officials in Amsterdam when the flight landed.

"This really underscores the importance of the TSA's ongoing training exercises," said Ann Davis, a spokeswoman for the Transportation Security Administration, the agency responsible for screening passengers and baggage for weapons and explosives. "At no time did the bag pose a threat, and at no time was anyone in danger." advertisement

Earlier this month, French authorities lost a bag containing real explosives that were being used to train bomb-sniffing dogs. That led French authorities to prohibit using live explosives in future tests.

New Jersey Sens. Jon Corzine and Frank Lautenberg on Wednesday wrote to security agency chief David Stone, asking for an investigation.

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http://www.azcentral.com/news/articles/1217driver17.html

Mesa officer arrested in abuse case

Senta Scarborough
The Arizona Republic
Dec. 17, 2004 12:00 AM

A Mesa police officer was arrested Thursday, accused of inappropriately touching three females, including a 17-year old girl, while on duty earlier this year.

Officer Matthew Driver, 32, a four-year veteran, was arrested at his Apache Junction home. A Maricopa County grand jury indicted him Wednesday on six counts of sexual abuse, a Class 5 felony. He made his initial appearance in court Thursday evening and was held on a $27,000 cash-only bond.

Police said the incidents occurred in June and July and involved three females, ages 33, 23 and 17. Two of the three women reported the abuse to police. Mesa police investigators combed through Driver's contacts with the public and discovered a third incident. advertisement

None of the women knew each other, and all claimed Driver inappropriately touched them. Police discovered evidence that corroborated the women's allegations, according to court records.

Driver's arrest was the result of a five-month investigation by the department's Center Against Family Violence.

"While being investigated, he was placed on administrative suspension and not allowed to function as a police officer," Mesa Detective Tim Gaffney said. "If in fact Officer Driver acted as alleged in these complaints, it violates the law and the public trust we have tried so hard to gain."

Driver was required to stay at home during work hours while on paid suspension.

The case was forwarded to the Maricopa County Attorney's Office, and police were notified Thursday that an arrest warrant had been issued for Driver, Gaffney said.

"There is a possibility that there are additional victims out there and that is why we are releasing this information and why we have a specific phone number set up where victims can call information in," Gaffney said. That number is (480) 644-4823.

<#**#>

http://www.azcentral.com/12news/news/articles/1215annualreport.html

Christina Leonard
The Arizona Republic
Dec. 15, 2004 12:00 AM

The Maricopa County Attorney's Office spent more than $44,000 to print its annual report this year.

It's gold-embossed. It has glossy pages and foldouts. And it features 20 full-color photos of outgoing County Attorney Rick Romley.

The 46-page, taxpayer-funded report dwarfs others put out by the county. In fact, many of the county's other large departments, including the Integrated Health System, Sheriff's Office and Superior Court, don't print annual reports.

Special Assistant County Attorney Barnett Lotstein defended the report and said the office didn't put out an annual report last year in anticipation of this year's effort.

"You would expect an office with our power to produce a nice report," he said. "We don't do shoddy work."

Sen. Bill Brotherton, D-Phoenix, called the report a "taxpayer-funded campaign piece."

"It wasn't really an annual report," Brotherton said. "It's more along the lines of a taxpayer-paid 'Rick Romley: This is your life.'

"It obviously was aimed at enhancing his future political ambitions," Brotherton said of Romley, who is reported to be contemplating a run for governor against incumbent Democrat Janet Napolitano in 2006.

Lotstein said the report was written and designed in-house. But the office had to pay about $3.50 apiece to print 12,500 copies. Lotstein could not provide printing costs for the 2002 report for comparison.

Each report cost an additional $3.11 to mail. Lotstein said he could not determine the mailing costs.

The report, called "Focus on Excellence," highlights programs and high-profile cases during Romley's 16 years in office. It includes photos of Romley during news conferences, with his family and even one taken during his tour of duty in Vietnam.

Romley wasn't available for comment on Tuesday afternoon. But Lotstein said his boss is proud of the report and feels "it's incumbent to report to the public what we do in the office."

About 7,000 copies have been distributed to citizens, law enforcement officials, legislators and the media.

Supervisor Mary Rose Wilcox, who had not read the report by Tuesday afternoon, was taken off guard by the price tag.

"Let's just say Rick maybe had a lot to report," she said. "I'm kind of surprised because he's usually pretty frugal."

Reach the reporter at christina.leonard@arizonarepublic.com.

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put in kevin

http://www.azcentral.com/news/articles/1217mental-oversight17.html

State offers mental aid deal
Judge to rule on system fix

Susie Steckner and Jodie Snyder
The Arizona Republic
Dec. 17, 2004 12:00 AM

State health officials return to the courthouse today to explain how they intend to fix the Valley's troubled mental-health system, after a judge lambasted them two months ago for poor oversight.

The Arizona Department of Health Services gave a preview of sorts Wednesday when it announced an agreement that will require it to meet certain deadlines for better care.

The agreement is seen as a step toward ending a nearly 25-year-old lawsuit brought to force the state to improve services for people in Maricopa County with serious mental conditions such as schizophrenia and bipolar disorder. advertisement

In October, Judge Pro Tem Bernard Dougherty chastised the state for its poor oversight. He also ordered the DHS to beef up services at five problem clinics as an interim step. He sternly told the state, "I want to be able to go to my grave knowing this has been resolved . . . and I intend for that to happen."

Among the judge's options today: accepting the new agreement, sending the parties back for more work or taking other action.

Since the hearings, ValueOptions, which has the $1.3 billion contract to run the system, has begun rewriting treatment plans and hiring more case managers; the DHS has hired more staff for on-site monitoring at clinics.

Dougherty called the hearings after an August audit by a specially appointed court monitor found that a lack of state monitoring had caused the state to be worse off in certain areas than it was four years earlier, despite an extra $230 million in funding.

In jeopardy are individuals whose lives are in limbo, families that crumble, and jails, hospitals and homeless shelters that are overrun with people in crisis, advocates say.

Documents requested by The Arizona Republic after the audit was released further reveal problems with the troubled system, specifically lax state monitoring.

The state documents, some of which date back two years ago, show DHS health officials in certain instances knew ValueOptions wasn't doing its job.

The firm consistently failed to meet key standards, had a disproportionately high number of complaints filed by clients and has been beset with concerns about how difficult it was to get care. State officials, in some cases, allowed the status quo or worked to accommodate the firm despite being warned by a top official at ValueOptions, at another state agency and at advocacy organizations to keep a closer watch, according to documents obtained through the state's Public Records Law.

The criticisms of the DHS are compounded by a separate failing review at the Arizona State Hospital, where federal regulators this summer found problems with patient care and threatened to pull Medicare funding. State officials received the results of a second review, which they say found minor concerns about dietary and documentation issues, but would not release them last week. DHS Director Catherine Eden says the problems at ValueOptions and the Arizona State Hospital, the two largest and most critical parts of state's behavioral health care network, don't reflect poorly on her office.

"I don't see it as we're not able to oversee behavioral health. In fact, if I did, I would step up to the table and say that to the governor and the public," Eden said. "But I don't see that at all, and I say that very seriously."

Advocates disagree, saying the recent reviews cast doubt on the DHS' abilities. The system and hospital wouldn't suffer deficiencies if there was "specific, visioned, directed leadership from a single oversight authority," said Charles Arnold, a Phoenix lawyer who went to court with a class-action lawsuit almost 25 years ago to force the state to improve care for Maricopa County residents with serious mental illnesses.

"They are not a partner. They are a contractor, and they are the ones who must oversee this," said Kathy Palmer, executive director of the Mental Health Advocates Coalition of Arizona.

A review of public records from the DHS, the Governor's Office and Arizona Health Care Cost Containment System, the state's Medicaid program, shows that the state failed to be an effective regulator. Among the issues:

• Failure to meet state requirements: For two years, state health officials allowed ValueOptions to fail a key standard that required people to get routine assessments within seven days of being referred to the firm. After the first failure, the DHS said it would work with ValueOptions to develop strategies to improve, and continued to say that after each failing review. After a year, AHCCCS had to weigh in.

"It is now a full year, and VO has not met the minimum," AHCCCS reviewers told the DHS in a memo. "What have been/are the consequences for VO not meeting standard - has ADHS considered or initiated sanctions?"

The DHS replied that it was in discussions with the firm about its performance and had not issued sanctions. ValueOptions met the standard for the first time in April 2004.

In an interview, Leslie Schwalbe, deputy DHS director over behavioral-health services, said the DHS couldn't sanction the firm for that under its old contract. Asked about what more the state could have done, she said the state is "moving forward." Schwalbe acknowledged that not holding ValueOptions more accountable in this case was a "hard lesson to learn."

• Poor grievance and appeals process: The state knew client complaints were a perennial problem at ValueOptions. In 2003, its own report showed that ValueOptions had the greatest proportion of grievances filed against it compared with other state contractors. As part of its oversight duties, the DHS is supposed to make sure ValueOptions processed complaints in a timely manner, as required by the contract, but by spring 2004 ValueOptions had built up a large backlog of cases.

In March, the DHS was warned by Stephen Braun, then-head of ValueOptions' quality management department, that layoffs at ValueOptions "seriously limit" its ability to handle client complaints. At that time, ValueOptions had 61 backlogged cases of complaints from people about their care, a separate ValueOptions e-mail shows.

The DHS warned the firm, it missed multiple deadlines and wasn't fined until six months later.

After the firm got its warning about the backlog, it promised to have problems solved at the start of August. By the end of September, the firm was still out of compliance and blamed an increase in new grievances. The following month, the state fined ValueOptions $50,000. The fine came after Dougherty's October hearing; Schwalbe said the state needed to build a case before it could act.

• Delays in penalties: After awarding ValueOptions a three-year contract in February, the state found the firm didn't have its subcontracts negotiated to provide services such as counseling or housing for the next contract year beginning July 1. On June 29, ValueOptions told the DHS it would have all the contracts signed in one week. The firm missed that deadline, prompting the state to ask for weekly updates. Even though services were extended during negotiations, the situation caused uncertainty among provider agencies and patients. By Aug. 24, 49 out of 94 contracts still had not been signed, but the state took no action.

The DHS eventually fined ValueOptions $25,000 and threatened to impose more if all the contracts didn't get signed. The contracts were all signed. The fine came two weeks after the release of the searing court monitor's audit; Schwalbe again said the state needed to build a case before it could act.

• Making accommodations: The state believes it is entitled to financial information about ValueOptions' parent company, but for the past four months it has been rebuffed in attempts to get the documents. As of last week, it had not gotten them. In September, the state asked for financial information of Virginia-based FHC Health Systems Inc.

The information is seen as critical to make sure ValueOptions doesn't exceed the state-imposed profit cap, a constant concern among advocates and patients.

Instead, ValueOptions asked for guarantees the financial reports wouldn't be made public.

Rather than demanding the information, state health officials went to the Arizona Attorney General's Office to see if they could accommodate ValueOptions request to keep the documents secret.

In an interview, Eden said the records, if received by the state, would be public.

In addition to problems revealed by the public documents, the August audit showed problems with case management, treatment plans and the clinics.

Starting this summer, the state has taken steps to increase its oversight. Eden and Schwalbe said the changes are not solely because of the controversy generated by the audit and court hearing. Many of them reflect the state's new contract.

"They (the audit and new contract) really did come simultaneously. But both make us focus together . . . just makes us continually clarify where we need to be and to clarify our focus," Eden said.

Arnold doesn't buy it.

"I can't believe that in the absence of the audit and the resulting court participation these changes would have happened," he said.

In terms of Wednesday's agreement, which seeks to end the Arnold vs. Sarn lawsuit, some advocates credit Gov. Janet Napolitano for stepping in to get the deal signed. The agreement affects only the most seriously mentally ill, about 17,000 in the Valley; the entire system serves more than 50,000 adults and children.

Since the audit, the state has hired five people just to keep tabs on what is going on with ValueOptions' contract. Health officials have started asking more questions, right down to asking for new employees' names. Hiring became a critical issue because ValueOptions has had as many as 300 employee vacancies, causing case managers to handle up to 80 clients. The state acknowledges it should have known about the problem.

"And again, that's why it's so important that we're out there now," Schwalbe said.

When the mental-health system falters, it's clients like Corey Giuliano who feel the reverberations.

Giuliano, 31, lives at his parents' Fountain Hills home, his life on hold while he battles bipolar disorder. He no longer works, dates or sees friends. He doesn't leave the house except to go to medical appointments, rent movies or maybe catch an occasional dinner.

"I'm in this unbeatable lull of life right now," he said. He has been enrolled in the public system twice and got off to a slow start both times. At first, all the system could offer was medications; case management and services were non-existent.

This time around, he's finally in regular contact with a case manager and sees a therapist once a week.

But Giuliano said people with mental illnesses can't afford a slow start to care. "They don't go over and above the call of duty, but people like me need them to do that," he said.

<#**#>

http://www.azcentral.com/news/articles/1217copdui17.html

Former police officer guilty in DUI wreck

Jim Walsh
The Arizona Republic
Dec. 17, 2004 12:00 AM

A former Scottsdale police officer will spend five to 12 years in prison after pleading guilty to drinking "way too much," slamming into a sheriff's deputy and fleeing from the scene in May.

Kevin Scott Baxter, 31, left Maricopa County sheriff's Deputy Doug Matteson lying on the Superstition Freeway with injuries so severe that his left leg had to be amputated below the knee.

Baxter pleaded guilty Thursday to aggravated assault and leaving the scene of a serious injury accident. He will be sentenced Feb. 3 by Superior Court Judge James Keppel. advertisement

Baxter, who resigned days after the May 1 collision, had a 0.173 percent blood-alcohol count more than three hours after he struck Matteson's motorcycle from behind, Deputy County Attorney Keith Manning said.

That's more than twice the legal limit of 0.08 percent at which Arizona drivers are presumed under the influence of alcohol.

Keppel allowed Baxter to remain free on bond at the request of Matteson's civil attorney, Anthony Coury. Baxter has agreed to appear for a deposition in preparation for a possible civil suit, Coury said.

"We're cooperating fully with the victim in this case, so we can do everything we can for him to be made whole or at least be compensated," said Cameron Morgan, Baxter's attorney.

Lt. Paul Chagolla, a Sheriff's Office spokesman, said Matteson has returned to work. Matteson, who did not attend the hearing, has been assigned to a desk job, taking police reports by telephone.

Court records describe the makings of a tragedy waiting to happen.

Baxter picked up a friend from college, Brian Sturtecky, at Sky Harbor International Airport. They dropped off Sturtecky's baggage at Baxter's Gilbert home, and the men drove to Scottsdale and went bar hopping.

Sturtecky told police that they stopped drinking at 2 a.m. at Mickey's Hangover and headed for Gilbert. Sturtecky said Baxter drank "way too much" before getting behind the wheel and that he also was inebriated.

Sturtecky said he was passed out in the passenger's seat of Baxter's green 1999 Ford Mustang when he heard a loud bang on U.S. 60 near Alma School Road.

"He saw bodies flying," a state Department of Public Safety report said. The visitor from Chicago said he asked Baxter what he hit. The officer responded that he didn't know.

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http://www.azcentral.com/arizonarepublic/news/articles/1214scotus14.html

High court twice gives police benefit of doubt

David G. Savage
Los Angeles Times
Dec. 14, 2004 12:00 AM

WASHINGTON - In a pair of victories for law enforcement, the Supreme Court on Monday made it harder to sue police for wrongly shooting a fleeing suspect or for arresting a motorist on false charges.

In both instances, the justices said the courts should give police officers the benefit of the doubt and not allow them to be sued for doing their jobs.

Monday's decisions reversed rulings of the San Francisco-based 9th U.S. Circuit Court of Appeals, which held that the police violated the rights of the suspects by subjecting them to an "unreasonable seizure." advertisement

Nearly 20 years ago, the Supreme Court ruled that police may not use "deadly force" to stop a fleeing felon, except when the officer has good reason to believe "the suspect poses a threat of serious physical harm, either to the officer or to others." Applying that rule has proven to be difficult, for police and courts.

The Washington state case of Brosseau vs. Haugen fell along what the Supreme Court called "the hazy border between excessive and acceptable force." Because it was not a clear-cut case of a wrongful shooting, the justices in an 8-1 decision ruled for the police officer and threw out the lawsuit against her.

On Feb. 21, 1999, Officer Rochelle Brosseau of Puyallup, Wash., near Tacoma, went to a home to arrest Kenneth Haugen, who was accused of selling drugs and stealing tools from a co-worker. Haugen hopped into his Jeep and fumbled with the keys. Brosseau ordered him to stop, drew her gun and smashed a hole in a window.

But when Haugen began to pull away, Brosseau shot him, hitting him under an arm. Though he sped from the driveway, he only got half a block, then pulled off the road and passed out. He sued the officer, alleging that the shooting was "unreasonable seizure" in violation of the Fourth Amendment.

The federal courts have been split over whether a jury should hear Haugen's lawsuit.

A federal judge in Washington dismissed his claim, but the 9th Circuit revived it two years ago in a 2-1 ruling and said a jury should decide whether the shooting was an unreasonable use of force.

Judge William Fletcher pointed out that Haugen did not have a gun and was not charged with a violent crime, and there was no evidence that his flight presented a threat to others. "We reject an approach that would allow officers to shoot a suspect simply because he is fleeing, or is about to flee," he said. Judge Stephen Reinhardt joined him.

In dissent, Judge Ronald Gould said "the majority's sweeping position ... promises an easy escape to any felon willing to threaten innocent lives by driving recklessly." Five appellate judges who disagreed with the panel's decision urged the full 9th Circuit to reconsider the ruling.

When it did not, lawyers for Brosseau appealed to the Supreme Court. The attorneys general in 16 states and several police groups urged the court to reverse the 9th Circuit, which includes Arizona.

In an unsigned opinion Monday, the Supreme Court justices threw out Haugen's suit and said the officer deserved to be shielded, even if her actions may have been incorrect.

"Quality immunity shields an officer from suit when she makes a decision that, even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted," the court wrote. Brousseau saw Haugen as "a disturbed felon.

<#**#>

http://www.azcentral.com/news/articles/1217dimebag-gunman13.html

CIA runs secret detention center for al-Qaida held at Guantanamo

Dana Priest and Scott Higham
Washington Post
Dec. 17, 2004 12:00 AM

WASHINGTON - Within the heavily guarded perimeters of the Defense Department's much-discussed Guantanamo Bay prison in Cuba, the CIA has maintained a detention facility for valuable al-Qaida captives that has never been mentioned in public, according to military officials and several current and former intelligence officers.

The buildings used by the CIA are shrouded by high fences covered with thick green mesh plastic and ringed with floodlights, officials said. They sit within the larger Camp Echo complex, which was erected to house the Defense Department's high-value detainees and those awaiting military trials on terrorism charges.

The facility has housed detainees from Pakistan, West Africa, Yemen and other countries under the strictest secrecy, the sources said. "People are constantly leaving and coming," said one U.S. official who visited the base in recent months. It is unclear whether the facility is still in operation today. The CIA and the Defense Department declined to comment. advertisement

Most international terrorism suspects in U.S. custody are held not by the CIA but by the Defense Department at the Guantanamo Bay prison. They are guaranteed access to the International Committee of the Red Cross (ICRC) and, as a result of a U.S. Supreme Court ruling this year, have the right to challenge their imprisonment in federal courts.

CIA detainees, by contrast, are held under separate rules and far greater secrecy. Under a presidential directive and authorities approved by administration lawyers, the CIA is allowed to capture and hold certain classes of suspects without accounting for them in any public way and without revealing the rules for their treatment. and regional operations.

During the 1990s, the CIA typically had custody of half a dozen terrorists at any time and usually kept them in foreign prisons, mostly in Egypt and Jordan. But just two months after the attacks of Sept. 11, 2001, CIA paramilitary teams working with foreign intelligence services had arrested dozens of people thought to have knowledge of upcoming attacks on the United States.

The CIA is believed to be holding about three dozen al-Qaida leaders in undisclosed locations, U.S. national security officials say. Among them are pivotal Sept. 11 plotters Khalid Sheik Mohammed, Ramzi Binalshibh and Abu Zubaida and the leader of Southeast Asia's Islamic terrorist movement, Nurjaman Riduan Isamuddin, who is also known as Hambali.

<#**#>

http://www.azcentral.com/news/articles/1218tucsoncop18.html

Tucson will fire lieutenant

Associated Press
Dec. 18, 2004 12:00 AM

TUCSON - A Tucson police lieutenant tied to a doctor's murder investigation will be fired, officials announced Friday.

Lt. Wendell Hunt was served with a notice of intent to discharge, Chief Richard Miranda announced in a press release.

Hunt was the target of an internal investigation after it surfaced that he had a connection to Dr. Bradley Schwartz, who is accused of hiring Ronald Bruce Bigger to kill Dr. Brian Stidham, a former medical practice associate of Schwartz. advertisement

Hunt, 49, a midtown patrol commander who has been with the Tucson Police Department for 17 years, has been on paid administrative leave since Nov. 4.

Hunt had been in a relationship with an employee of Schwartz at the time of the killing. In interviews with Pima County investigators, he admitted looking up some information on the case at the girlfriend's request shortly after the killing.

When questioned by investigators, Hunt said his only knowledge of Schwartz was through the girlfriend, whose name was blacked out in the released reports. But Schwartz called him while he was talking to investigators.

Hunt agreed to call Schwartz back on speakerphone while sheriff's investigators listened. During the call, Schwartz denied killing Stidham.

Last year, Hunt was suspended for 30 days for having sex in a patrol car with a woman he had invited on a civilian tour, authorities said. Hunt was demoted from sergeant to officer, but the demotion later was reversed.

Sgt. Marco Borboa, a department spokesman, said Hunt will have an opportunity to appear Dec. 28 before the termination review board to appeal the firing.

<#**#>

ok i know they are stupid laws but our stupid rulers dont obey them very well

http://www.azcentral.com/arizonarepublic/opinions/articles/1220mon1-20.html

Historical headache
Leveling an old house has crumbled Wilcox legacy

Dec. 20, 2004 12:00 AM

The Grant Park neighborhood south of downtown Phoenix represents both a memorable past and a cloudy future for Earl and Mary Rose Wilcox.

The couple obviously love the neighborhood. They are proud of the work they have put into the area for decades.

But it has become the scene of their sorriest public action, their most embarrassing political moment, their most painful public relations headache. advertisement

From now on, the Wilcoxes will be remembered not for investing in the hardscrabble neighborhood, not for honoring its past and believing in its future, but for destroying a historic home there.

Last week, Phoenix prosecutors filed criminal charges against the couple: two misdemeanor counts for demolishing a 105-year-old house that had been designated historic.

Earl, who works in the Governor's Office of Children, Youth and Families, and Mary Rose, a Maricopa County supervisor, will be arraigned in two weeks at Phoenix Municipal Court. If convicted, they face a maximum fine of $2,500 each, up to six months in jail and three years probation.

Phoenix city officials see this as a precedent-making case. They want to set an example.

They can't remember another case in which a historically designated property was just leveled by an owner. They don't want to see it happen again.

They don't want to coddle a powerful political figure like Mary Rose, who is also a former city councilwoman.

The Wilcoxes are alternately apologetic and defiant. They have said they are sorry. They have said they didn't realize it was historic. They have also said that the house was unsafe, falling down, taken over by transients and operating as a crack house.

Their explanation strains credulity, however.

They had to know the Queen Anne Cottage-style house at 704 S. First Ave. was protected. It was right next door to their popular Mexican restaurant, El Portal.

And now it's gone, representing a "substantial loss" to the city. The Wilcoxes' action can be seen as incredibly impulsive, stupid or arrogant.

After all, practically everyone knows you can't knock down a building without a permit. It's as if they were trying to avoid the cost of a licensed contractor.

There is a cruel irony in all this.

Earl grew up in Grant Park, the old, heavily Hispanic barrio south of downtown. He established a midnight basketball league there. He was heavily involved in Friendly House and other social agencies in the neighborhood.

A few years ago, the Wilcoxes started investing there, first to open the restaurant, then a boxing gym, then buying additional properties, for their own home and future business expansion.

Earl wanted to reinvest in the neighborhood he grew up in.

And truth be told, he didn't have a lot of company thinking there was much of a future in Grant Park. But they're making a go of it.

That future has been compromised. And a historic house has been destroyed.

<#**#>

Hey laro I used to work down the street from your jail.  Your at 8901 S Wilmot Rd Tucson, AZ 85706 which is just south of I-10 and on Wilmot. I used to work at the IBM plant which is about 3 miles east of you on rita road. But since I-10 goes south east at an angle at that point the IBM plant is just north of I-10 on rita road. Its where the X is on the map. Its address is IBM Systems Group, 9000 South Rita Road, Tucson, Arizona 85744

I worked there for three months and I was the consultant in the “our projects f*cked up and we need to hire a consultant and blame him for all our problems” and after that they fired me. 

The IBM plant is a pretty nice campus and a nice place to work. They also have a good cafeteria although the food is American food. 

I wrote a bunch of C code to allow an IBM mainframe computer talk to the next generation tape drives which are mostly used to back up the mainframes hard disks.

Tucson pay sucks. They only offered me $37 an hours which I took for something to do. I though it would be cool to work in Tucson.  My prior job at the phone company in phoenix I was getting $50 and hour and after I was fired by IBM my next job was at cisco in san jose and I was getting $75 an hour.  While that sounds high I was probably underpaid in san jose. I thought the job was in san diego because I went thru a body shop in san diego. If I knew the job was in the silicon valley I would have asked $120 and hour and be happy if they knocked it down to a $100.

Even though I look like a long hair homeless bum I do make pretty good money when I work.

I should mention to that even though I was an unemployed bum for the last three years I just got another job. Im getting $40 an hour. I wont mention where I am working because I don’t want the government people that read your mail to shake me down. It is just doing some consulting work and I don’t know how long it will last but hey at least they are paying me money.

When I worked at IBM in  Tucson I lived by the university of Arizona over on Tucson blvd and speedway. Tucson is an OK place. The only major complain I have about Tucson is you can get an masala dosa any where. 

I used to take I-10 to work I would get on at Campbell and get off on rita road. I know when I drove by your area there is a sign that says there is a prison nearby and that people should not pick up hitchhikers. 

<#**#>

http://www.azcentral.com/news/articles/1220az-obit-agnos20-ON.html

Former sheriff dies in apparent suicide 

Brent Whiting
The Arizona Republic
Dec. 20, 2004 06:24 PM 

Former Maricopa County Sheriff Tom Agnos was found dead Monday in Sun City West in what authorities described as an apparent suicide.

Landscapers discovered his body about 1 p.m. on the back porch of his home, said Sheriff Joe Arpaio, who defeated Agnos in the September 1992 Republican primary.

Agnos, 68, a former assistant Phoenix police chief, had a head wound consistent with a gunshot blast, Arpaio said. Investigators did not find any signs of foul play, he added. 
 
Agnos had remained out of the spotlight since losing his job amid public criticism that the sheriff's office, under his leadership, horribly botched the investigation into a 1991 massacre at a Buddhist temple in the far West Valley.

For his part, Arpaio said Monday that Agnos served honorably and should be remembered as a gentleman and a professional lawman.

Arpaio said he was informed by Agnos' widow, Shirley, that the former sheriff had been terminally ill with an very painful form of cancer.

He said Shirley Agnos released this statement:

"The physical pain Tom experienced only comes close to the pain he felt watching me suffer. We had a 43-year-long wonderful, loving marriage. He did not want to put me through additional pain." 

In lieu of flowers, she requested that donations be made to cancer support groups or organizations engaged in cancer research.

Shirley Agnos apparently was across the street, visiting with a neighbor, when her husband died, Arpaio said.

In the meantime, Maricopa County Attorney Rick Romley described Tom Agnos' death as a sad day for law enforcement.

"I always liked and respected Tom," Romley said. "He will be missed. I extend my condolensces to his family."

Dave Thomas, a Phoenix police commander and a former police colleague, agreed. He described Agnos as "a gentleman in every detail."

"The man was a strong mentor for me," Thomas said. "He taught me many things about leadership and compassion, self-control and respect for citizens. He spent many hours teaching me about the finer details of police work.

As sheriff, Agnos claimed successes in streaming management, improving training, easing jail crowding and boosting staff morale.

He said his leadership had done much to do with way a cowboy image once attributed to the Sheriff's Office.

But his re-election effort in 1992 was dogged by criticism over his office's investigation of the August 1991 massacre of nine people at Wat Promkunaram, a temple west of Luke Air Force Base.

Within a week of the slayings, a task force representing several law enforcement agencies joined with sheriff's investigators in the probe.

Romley, the county attorney, said three years ago that the initial result of the probe was "not a shining moment."

An apparent break in the case came when five Tucson residents were taken into custody in September 1991, four of them charged with the murders after confessing to them.

But the break was bust. The four, ages 19-28, recanted their confessions and claimed they'd been coerced by deputies.

Eventually then won a lawsuit for false arrest after authorities concluded that Agnos and high-ranking deputies had bowed to political pressure and did a slipshod investigation.

They said the case was mismanaged from the beginning by Agnos and others, some of whom chided and berated deputies who doubted the guilt of the Tucson suspects.

In addition, Agnos and others wasted untold dollars and man hours in a vain attempt to link the Tucson men to the massacre, sheriff's officials said in 1993.

Charges against the Tucson suspects were dismissed after two Avondale High School students were charged with carrying out the massacre.

The pair, Johnathan Doody, a Thai native whose brother frequented the temple, and Alessandro "Alex" Garcia, were convicted and each was sentenced in 1992 to nearly 300 years in prison.

Their motive for killing nine innocent people: small-time robbery, authorities said. The reward: cameras, electronic equipment and $2,790 in cash.

Reach the reporter at brent.whiting@arizonarepublic.com or (602) 444-6937.

<#**#>

http://www.guardian.co.uk/worldlatest/story/0,1280,-4685015,00.html 
Seattle Archdiocese to Settle Abuse Cases 
Tuesday December 21, 2004 3:16 AM 
AP Photo LA202 
SEATTLE (AP) - The Roman Catholic Archdiocese of Seattle has agreed to pay $1.8 million to settle 12 claims of sexual abuse by priests, the majority involving a former pastor at several churches in the area. 
Eleven of the settled cases involved the Rev. James McGreal, who was banned from the ministry and lives in a supervised church facility in Missouri. 
The 12th claim involved the Rev. David Jaeger, who admitted in the mid-1990s that he inappropriately touched a 13-year-old boy at a youth camp in 1978. Jaeger is on administrative leave. 
The archdiocese reached the settlements in talks last week. Three other claims are still being negotiated. 
For 40 years until 1988, McGreal served in 10 Northwest parishes and the archdiocese is aware of 40 abuse victims from the 1960s to the mid-1980s, though victims' attorneys have said the number could be in the hundreds. 
Elsewhere, a second person who alleges he was molested by a former Missouri priest has settled his lawsuit against the St. Louis' archdiocese and the one-time clergyman, a victims' advocacy group said Monday. 
Attorneys refused to discuss specifics about the settlement involving the Rev. Bryan Kuchar, 38, currently serving three years in jail for sodomy against a boy who was 14 at the time of the abuse. 
The settlement is the latest of 22 reached this year through mediation by the Archdiocese of St. Louis, with at least three other cases pending, said Bernard Huger, an attorney for the archdiocese. 
In New Jersey, James F. Hopkins, 61, a former Roman Catholic priest, pleaded guilty Monday to sexually assaulting a 10-year-old boy nearly nine years ago. He could get up to a 10-year prison term. 
By accepting the agreement, Hopkins avoided the possibility of being convicted on the more severe charge of aggravated sexual assault, which can carry a prison sentence of 20 years. 
http://seattletimes.nwsource.com/html/localnews/2002123516_dige18m.html 
Saturday, December 18, 2004 - Page updated at 12:00 A.M. 
Archdiocese reaches settlement over abuse 
Mediation talks this week between the Roman Catholic Archdiocese of Seattle and 15 people with claims of abuse by priests resulted in a $1.8 million settlement. 
The archdiocese reached a definitive settlement with 12 people, including two parents of a man who said he'd been molested, and is close to a settlement with a 13th person, said archdiocese attorney Michael Patterson. 
Twelve of the claims involved past molestation by the Rev. James McGreal, generally considered the archdiocese's most notorious offender. 
Civil suits against McGreal, who is barred from ministry and living in a supervised church facility in Missouri, have resulted in multimillion-dollar settlements. 
The other claim involved past molestation by the Rev. David Jaeger, who admitted in court proceedings years ago to inappropriately touching about 10 minors at a Catholic youth camp in the 1970s. 
Jaeger is currently on administrative leave, and a decision on whether he should remain in ministry is being reviewed by the Vatican. 
<*##*>

http://www.azcentral.com/news/articles/1219elephants19.html 
Thai elephants ambush food trucks 
Animals become living roadblocks
Sutin Wannabovorn
Associated Press
Dec. 19, 2004 12:00 AM 
KHAO-ANG RUE-NI, Thailand - These pachyderms aren't just going after peanuts. 
Elephants in a wildlife sanctuary in eastern Thailand are using their oversize bodies as roadblocks, ambushing vehicles transporting sugar cane, tapioca and fruit, the sanctuary's chief says. 
The estimated 200 elephants in Khao-Ang Rue-Ni sanctuary turn desperate, and wily, in the dry season, when water and food supplies shrink. It's then that the animals stage their heists, Yuo Senatham said. 
Conveniently enough for the elephants, the dry season is also when hundreds of trucks travel through their lands, laden with newly harvested tapioca and sugar cane. 
Yuo said a herd leader usually emerges from the jungle at dusk to block the road. When a vehicle stops, other elephants move in for the feast. 
Signs urging motorists not to feed the elephants don't seem to be doing the trick. 
"It's like the drivers are bribing the elephants, otherwise the elephants won't allow trucks to pass through," Yuo said. 
The elephants, who have never hurt a motorist, sound a general retreat when wildlife officials arrive to scare them away with spotlights. 
The sanctuary chief said he can't prevent the elephants from roaming near the road because the area used to belong to them. 
"What we can do is prevent them from getting hurt and hurting people," Yuo said. 
The Thai army cut the road through the 270,000-acre sanctuary in the 1980s to help ferry supplies to insurgents fighting the Cambodian government, Yuo said. 
There are about 3,000 wild elephants in Thailand, according to the Forestry Department. 

<*##*>

http://www.azcentral.com/news/articles/1222iraq-assess22.html

Mosul attack illustrates sophistication of rebels

Thomas E. Ricks
Washington Post
Dec. 22, 2004 12:00 AM

WASHINGTON - In April 2003, as the U.S.-led invasion of Iraq was ending, the Pentagon projected in a formal planning effort that the U.S. military occupation of the country would end this month.

Instead, this month brought the deadliest single incident of the war for U.S. forces, with dozens of casualties suffered Tuesday by U.S. troops, civilian contractors and Iraqi soldiers when a U.S. base near the northern Iraqi city of Mosul was blasted at lunchtime.

It was one of the most devastating attacks against Americans in Iraq since the start of the war. advertisement

Before Tuesday, the worst incidents were the deaths of 17 soldiers from the 101st Airborne Division in the November 2003 collision of two UH-60 Black Hawk helicopters, also in Mosul, and, two weeks before that, the loss of 15 soldiers when a CH-47 Chinook transport helicopter crashed west of Baghdad.

The major difference between the latest attack and those earlier incidents is that it was an attack on a U.S. base rather than on troops in transit in vulnerable aircraft. That difference appears to reflect both the persistence of the insurgency and its growing sophistication as experts noted that it seemed to be based on precise intelligence. Most disturbingly, some officers who have served in Iraq worried that the Mosul attack could mark the beginning of a period of even more intense violence preceding the Iraqi elections scheduled for Jan. 30.

"On the strategic level, we were expecting a horrendous month leading up to the Iraqi elections, and that has begun," retired Army Col. Michael Hess said.

If anti-American violence does hit a new level, pressures will increase on the Bush administration to either boost the U.S. military presence in Iraq or find a fast way to get out.

The adequacy of troop numbers is one of the questions provoked by Tuesday's action, said Charles McComas, a veteran special-forces soldier who served in Afghanistan before retiring. "Do we have the right forces and enough of them to do the offensive patrolling to reduce the chances of this happening again?" he asked.

A private-sector security expert who recently left Baghdad after more than a year there agreed, noting that the United States originally put an entire division into the Mosul area, the 101st Airborne, but replaced it earlier this year with a force about half that size, only to see insurgent attacks increase. "We have replaced a division with a brigade and think we can offer the same amount of security," he said, insisting on anonymity because his opinions are so at odds with the official U.S. government view.

The attack also indicates that the insurgency is growing more sophisticated. One of the basic principles of waging a counterinsurgency is that it requires patience. "Twenty-one months (the length of the occupation so far) is not a long time to tame the tribal warfare expected there," said retired Marine Lt. Col. Rick Raftery, an intelligence specialist who operated in Iraq in 1991. "My guess is that this will take 10 years."

Another principle, less noted but painfully clear Tuesday, is that insurgents also tend to sharpen their tactics as time goes by.

"The longer you are anywhere, the more difficult it becomes," said Hess, who served in northern Iraq in 1991. "They have changed their tactics a lot in the year-plus."

Several experts said that insurgents appear to have acted on accurate intelligence. Kalev Sepp, a former special-forces counterinsurgency expert who recently returned from Iraq, said, "(The attack) was carried out in daylight against the largest facility on the base at exactly the time when the largest number of soldiers would be present. This combination of evidence indicates a good probability that the attack was well-planned and professionally executed."

<#**#>

a question for kevin and laro.

do you guys have access to the news on a daily basis?

are newspapers allowed into the jails? do they censor
and snip articles from the newspapers they think are bad for you?
are newspapers illegal in your cells and maybe you can
just get them in the prision library if im not being
dumb enough to think a library exists.

how about magazines like newsweek and time? can you get them.

i know sheriff joe considers you a source of revenue. do they
charge you outrages prices if you wish to buy a newspaer,
assuming a newspaper is not dangerous contraband?

do you have access to radio stations? somebody said that sheriff
joe let kevin have a radio in his cell and he can get the news
from it? same think for tv stations although the tv news is
the pitts compared to the printed media.

<#**#>

http://www.azcentral.com/news/articles/1222iraq22.html

Mess hall blast kills 22
Attack on U.S. is single deadliest since Iraq war began

Wire services
Dec. 22, 2004 12:00 AM

BAGHDAD - An explosion tore through a crowded U.S. military chow tent in the northern city of Mosul on Tuesday, killing at least 22 people in the deadliest attack on a U.S. military installation in the 21 months since the war in Iraq began.

Fifteen of the dead were U.S. soldiers who had just sat down to lunch.

The dead included 20 Americans, 15 of them service members and five civilian contractors. Two Iraqi soldiers also were killed. More than 60 people were wounded, including 42 U.S. troops, Capt. Brian Lucas, a military spokesman in Baghdad, said early today. Halliburton Co., a Houston-based company whose subsidiary Kellogg Brown & Root supplies food service and other support activities for U.S. troops in Mosul, said seven of its workers were killed. Halliburton did not give the nationalities of the dead, but they apparently included the five American civilians. The two other deaths, if correct, would boost the overall toll to 24. advertisement

Inside the tent, U.S. soldiers, including some from the Virginia-based 276th Engineer Battalion, reacted quickly. With people screaming and thick smoke billowing, soldiers turned their lunch tables upside down, placed the wounded on them and gently carried them into the parking lot, said Jeremy Redmon, a reporter for the Richmond (Va.) Times-Dispatch embedded with the troops in Mosul.

In an online assertion of responsibility for the attack, a radical Sunni Muslim group, the Ansar al-Sunnah Army, described "a suicide operation." Military officials said the cause of the blast was under investigation, but early indications pointed to a rocket attack.

Some security experts, however, said the extent of injuries indicated that it was possible a bomb had been planted inside the hall.

President Bush said that the explosion should not derail Iraqi elections scheduled for Jan. 30 and that he hoped relatives of those killed know that their loved ones died in "a vital mission for peace."

"I'm confident democracy will prevail in Iraq," he said.

Portland (Maine) Press Herald photographer Gregory Rec, who was sleeping about a quarter-mile from the mess hall when he was awakened by the loud explosion, said he rushed to the scene, where a soldier told him "he heard a whoosh, he looked up and saw a fireball halfway between the ceiling and the floor."

The attack at Forward Operating Base Marez came hours after British Prime Minister Tony Blair made a surprise visit to Baghdad and spoke of a "battle between democracy and terror."

White House spokesman Scott McClellan, responding to a question about how Iraqis will be able to safely get to about 9,000 polling places if U.S. troops can't secure their own bases, said there is "security and peace" in 15 of Iraq's 18 provinces.

Mosul, Iraq's third-largest city, was relatively peaceful in the immediate aftermath of the fall of Saddam Hussein's regime last year. But insurgent attacks in the largely Sunni area have increased dramatically in the past year, particularly since the U.S.-led military offensive in November to retake Fallujah from militants.

Like most mess halls at U.S. bases in Iraq, the dining area at Base Marez is covered with a tent. Insurgents have fired mortars at the mess hall more than 30 times this year, Redmon said.

Mortar attacks on U.S. bases, particularly on the huge white tents that serve as dining halls, have been frequent in Iraq for more than a year. Just last month, for example, a mortar attack on a Mosul base killed two troops with Task Force Olympia, the reinforced brigade responsible for security in much of northern Iraq.

Bill Nemitz, a columnist with the Portland Press Herald who was embedded with the Maine National Guard's 133rd Engineer Battalion in Mosul, told CNN that he heard "a lot of discussion" about the vulnerability of the tent.

The base is also used by members of the Stryker Brigade, based at Fort Lewis, Wash., a military official said.

Lt. Col. Paul Hastings, a spokesman for Task Force Olympia, acknowledged the tent's vulnerability and told CNN the military is building a new dining facility at the base, a concrete structure that Nemitz said was supposed to have been ready for Christmas.

"There is a level of vulnerability when you go in there and you don't feel like there's a ... hard roof over your head," Hastings told CNN.

Base Marez, also known as the al-Ghizlani military camp, is three miles south of Mosul and is used by both U.S. troops and the interim Iraqi government's security forces. It once was Mosul's civilian airport but is now a heavily fortified area surrounded by blast walls and barbed wire. Its two main gates are guarded by U.S. troops; Iraqi national guard members man checkpoints outside to prevent cars from getting close without being searched.

Redmon said the dead included two soldiers from the Virginia-based unit, which had just sat down to eat. The force knocked soldiers off their feet and out of their seats as a fireball enveloped the top of the tent and shrapnel sprayed into the area, Redmon said.

Scores of troops crammed into concrete bomb shelters, while others wandered around in a daze and collapsed, he said.

"I can't hear! I can't hear!" one female soldier cried as a friend hugged her.

A huge hole was blown into the roof of the tent, and puddles of blood, lunch trays and overturned tables and chairs covered the floor, Redmon said.

Near the front entrance, troops tended a soldier with a serious head wound, but within minutes, they zipped him into a body bag, he said. Three more bodies were in the parking lot.

"It was very hard to watch and very chaotic, but at the same time what amazed me was that within 20 minutes the worst of the wounded, the ones who needed the most attention, were out of there. It was just a remarkable effort by all the soldiers involved," Redmon said.

<#**#>

http://www.borderlandnews.com/stories/borderland/20041221-2548.shtml

Borderland    Tuesday, December 21, 2004

Eyewitnesses most common reason for mistaken IDs

Tammy Fonce-Olivas and Daniel Borunda
El Paso Times

Learn more about the Eyewitness Identification Research Laboratory at UTEP at http://eyewitness. utep.edu/

Mistaken eyewitness identification is the most frequent problem leading to a person being wrongly sent to prison, said a UTEP professor who is a national expert in the field.

"It's hard to estimate how frequently it occurs. It may occur as much as 5 percent of the time, some studies have estimated," said Roy S. Malpass, director of the criminal justice program and a psychology professor at the University of Texas at El Paso.

Mistaken eyewitness identification appears to have played a key role in Brandon Moon's conviction for a 1987 sexual assault in West El Paso. The victim identified Moon as her attacker in a police lineup and later in court.

But new DNA evidence conclusively proves that Moon could not have been the attacker, the district attorney and defense lawyers now agree. Moon is expected to be exonerated at a court hearing today based on the new evidence.

Several factors can make eyewitness recollection unreliable, Malpass said. Memory can be influenced by fear. And people tend to remember people of their own race better than those of other races, said Malpass, who has studied eyewitness identification since the 1960s.

"The single most important thing about witness memory is it can be contaminated," Malpass said.

Despite the problems, the judicial system relies heavily on the recollection of witnesses and victims, according to local law experts.

"It has to be taught, the pitfalls and the strong points. Don't get me wrong, it's not totally reliable, but law enforcement has to be trained on it," said Vince Pokluda, director of training for the El Paso County Sheriff's Department.

Pokluda said eyewitness identification is incorporated into the 48 hours of criminal investigation training given at the academy for sheriff's deputy recruits. Officers are taught to seek out eyewitnesses because "the more sources of information you can get to nail the identification of either an innocent or responsible party the better off you are," he said.

Moon's lawyer said many cases of incorrect identification are created by poor police work.

"This case is just another example of something that we have known for well over a decade -- that a mistaken eyewitness identification is the single leading cause of wrongful convictions in America," said Nina Morrison, a lawyer for the New York-based Innocence Project.

"You wonder how many more cases like this will it take before those in charge of administering lineups and photo spreads start to take seriously the research that shows that there are so many ways we can do it better and to avoid the risk and error and permit someone like Brandon from going to prison for something that he didn't do," she said.

Eyewitness testimony continues to heavily influence the outcome of trials, said Joe Spencer, a longtime defense attorney.

"Surely, it weighs a lot in court if you have a victim that points at the defendant and says, 'That's him; I know it's him,' " Spencer said. "Jurors want to believe the victim because the victim, I'm sure, is being sincere and doesn't want to make a mistake. But you can't rely on that testimony because studies have shown how unreliable it is."

Tammy Fonce-Olivas may be reached at tfonce@elpasotimes.com; 546-6362.; Daniel Borunda may be reached at dborunda@elpasotimes.com; 546-6102.

<#**#>

http://www.borderlandnews.com/stories/borderland/20041222-2903.shtml

Lab errors erode confidence in system, some lawmakers say

Gary Scharrer
Austin Bureau

AUSTIN -- Some key Texas lawmakers say crime lab errors resulting in conviction of innocent people such as Brandon Moon must be corrected or the public will lose confidence in the criminal justice system.

The Moon case and hundreds of tainted cases handled by the Houston Police Department's crime lab have inspired legislative hearings intended to find out what happened and how to fix those problems.

"I think, temporarily, the publicity given to the Brandon Moon case and those cases coming out of the Houston lab erode the public's confidence in the forensic evidence and analysis of that evidence," state Sen. Robert Duncan, R-Lubbock, said Tuesday.

State Senate Criminal Justice Chairman John Whitmire, D-Houston, will collect testimony at a hearing Jan. 4 in Houston to learn why criminal forensic labs are making so many mistakes.

"We want to review the El Paso case carefully and learn what happened and to make certain we do everything possible to prevent another similar incident," Whitmire said. "I don't think we know the depth of the problem."

Moon's lawyers contend that sloppy or faulty analysis of semen at the scene of a 1987 sexual assault of a West Side homemaker played a crucial role in influencing an El Paso jury to convict the former UTEP student and sentence him to 75 years in prison. He was released Tuesday because of DNA testing showing that Moon was "conclusively excluded" as the rapist.

The Department of Public Safety's crime laboratory in Lubbock handled the evidence, and prosecutors touted the DPS as being "like the FBI of Texas" before agency serologist Glen David Adams testified at Moon's trial.

The DPS expert told the El Paso jury that the semen from the assailant came from a person whose blood type could not be detected in such bodily fluids as saliva or semen. Such a person is considered a non-secretor. Adams determined that the crime scene evidence came from a non-secretor and told jurors that the victim's husband and son were secretors.

Moon was part of a small group of the population who could have left the semen, according to the DPS serologist. But Adams' analysis was faulty because he failed to properly identify the victim and her husband also as non-secretors, Moon's lawyers said.

Duncan agreed that the state needs to fix the problems, of the type coming out of the Department of Public Safety's Lubbock office, that helped convict Moon.

Those DPS tests performed by serologist Adams "were far from 'reliable' -- indeed, they appear to be marred by incompetence, fraud, or both," Moon's lawyers said in court papers.

"A very strict review of these labs is appropriate in order to repair the public's confidence in those labs," Duncan said. He is the author of legislation that state lawmakers passed in 2001 giving inmates such as Moon another chance to prove their innocence through DNA testing.

Adams, who no longer works for the DPS, declined opportunities to rebut criticism or to defend his work.

In a statement, DPS officials in Austin said Adams' trial testimony concluded that Moon could not be eliminated as a suspect. The evidence was tested in 1987 using the most up-to-date serology tests available at the time.

Gary Scharrer may be reached at gscharrer@ elpasotimes.com; (512) 479-6606.

<*==*>

http://www.nytimes.com/2004/12/22/national/22release.html

Free After 17 Years for a Rape That He Did Not Commit
By BARBARA NOVOVITCH

Published: December 22, 2004

EL PASO, Dec. 21 - For his first day back "in the world" as a free man after nearly 17 years, Brandon Moon made sure he was dressed in blue, his favorite color, carrying a white cowboy hat, symbol of all Western good guys. He wore the horsehair belt a fellow prison craftsman made at his request and a belt buckle of his own design, an Eye of God cross embellished in nickel, brass and copper and set with a zircon stone.

Shown by DNA testing to have been wrongly convicted of rape in 1988, Mr. Moon was released from prison at a court hearing here on Tuesday afternoon - the latest among 154 men and women in the United States exonerated by such tests.

Mr. Moon and his parents were in the packed courtroom to hear the El Paso district attorney, Jaime Esparza, apologize for the wrongful conviction, for himself and for the State of Texas. With them were Barry Scheck, a lawyer from New York whose 12-year-old Innocence Project has accounted for more than half of those exonerated, and another lawyer from Mr. Scheck's office, Nina Morrison.

"I know we can't give you back your years," Mr. Esparza said, "and for that I'm extremely sorry."

Mr. Moon responded, "I accept your apology."

The El Paso case suggested that Texas's crime laboratory scandals are not limited to Houston, where two other convicted Texans were exonerated earlier and two grand juries have investigated tainted evidence after a landmark DNA testing statute passed in 2001 by the Texas Legislature.

In the courtroom, Mr. Scheck said he would ask for an audit of all cases using evidence from the Department of Public Safety's former blood-testing expert, Glen David Adams, whose incorrect scientific results helped to convict Mr. Moon on three counts of aggravated sexual assault, resulting in a 75-year sentence, and sample checks of other crime laboratory evidence. Mr. Adams worked at the Lubbock crime laboratory from 1986 to 1991. The department said that his whereabouts now were unknown.

Mr. Scheck also called for pilot programs in eyewitness identification, citing mistaken identity as the "single greatest cause of innocents being convicted."

David Dow, a law professor at the University of Houston, said that reforms were particularly urgent in Texas because "the pace of executions here is so much greater than in any other state."

In Mr. Moon's case, the prosecution presented eyewitness testimony from the rape victim herself and three other women whose rapes followed a similar pattern. The rape victim picked out Mr. Moon from a photograph and police lineup, in which he was the only blue-eyed white male, a full 18 months after the attack.

Mr. Scheck and Ms. Morrison both praised their client's efforts from prison to act as his own lawyer but said his pleas for DNA testing were fully heard only after the Innocence Project got involved last May and had a semen-stained bathrobe and a comforter from the bed where the rape took place re-examined.

Mr. Moon, now 43, was "bounced around the courts like a Ping-Pong ball," Ms. Morrison said. "We only came in at the ninth inning." Counting the years, Mr. Moon said in an interview on Sunday before his release that he felt as if he had played for 17 innings - "it was a very long game."

"The courts are so hostile to pro se litigants," said Ms. Morrison, referring to those who represent themselves. "The instinct is to deny, deny, deny." Still, after DNA results established Mr. Moon's innocence, "it took less than a week" for Mr. Esparza "to do the right thing," Ms. Morrison added.

Mr. Moon, a four-year Army veteran, was a sophomore at the University of Texas at El Paso in 1987 when he was arrested on the rape charge. A member of the Air Force R.O.T.C., he had hoped to become a "lifer" in the Air Force and to fly fighter jets after his graduation.

Instead he spent his prison years learning about blood tests and law in the prison libraries.

Mr. Moon said an expert on flaws in eyewitness identification, Dr. Elizabeth F. Loftus of the University of Washington, had been "a tremendous help to me in understanding" what to do.

In prison, Mr. Moon also spent his time learning to make jewelry and belt buckles, which he described as "my therapy"

Mr. Moon's defense lawyer in 1988 was Norbert Garney, now a federal magistrate judge in El Paso. Mr. Garney produced two witnesses who partly corroborated Mr. Moon's alibi, but Mr. Adams's serology analysis, incorrectly describing Mr. Moon's blood sample as putting him among just 15 percent of the population who could possibly have been the source of semen stains, was the only scientific evidence presented. All other trace evidence analysis, including pubic hairs, excluded him.

Judge Garney declined to comment on the case on Monday.

"I have a lot of faith in the justice system," Mr. Moon said on Tuesday, adding that "it's made up of humans, and we make errors." He offered advice to other prisoners who know they are innocent: "No matter what you do, don't ever give up."

http://www.theage.com.au/news/Breaking-News/DNA-tests-clear-man-after-17-years-jail/2004/12/22/1103391817569.html?oneclick=true

DNA tests clear man after 17 years jail
December 22, 2004 - 2:14PM

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A man who served nearly 17 years for rape was freed from prison after DNA tests determined he was not responsible for the crime.

Brandon Moon, 43, joined his parents, Frank and Shirley Moon, for the drive to their home in Kansas City, Missouri, following his release from the El Paso County jail. He said he felt "numb."

"Have you ever had Novocain? It's a lot like that, just from head to toe," he told The Associated Press.

Moon had been serving a 75-year sentence after his 1988 conviction for sexual assault. The El Paso district attorney and defence lawyers filed a successful joint motion to vacate the conviction.

Nina Morrison, an attorney with the New York-based Innocence Project, said he would be released on $US1 bond until his conviction is officially vacated by the state Court of Criminal Appeals.

"My office and the state of Texas, in the interest of truth, recognise the injustice Mr Moon has suffered," said El Paso County District Attorney Jaime Esparza, who did not prosecute Moon.

Advertisement
AdvertisementHe may be eligible for compensation from the state of $US425,000 ($A555,918), or up to $US25,000 ($A32,701) for every year of his incarceration.

Moon said he never lost faith when officials wouldn't listen while he maintained his innocence. "They're listening now," he said.

He said his future plans are not yet set. "At least in part I'll continue making belt buckles, which has kind of kept me going over the years," he said of his silversmith work.

"What I'll be doing other than that, I don't know."

The motion to vacate Moon's conviction was based on recent DNA tests by the Texas Department of Public Safety, which defence attorneys and Esparza say prove Moon did not commit the April 1987 aggravated sexual assault.

Serologist Glen Adams had testified Moon was among the 15 per cent of the population that could have possibly have been the source of semen evidence. Innocence Project lawyers contended the testimony implied Moon was the likely rapist - despite other biological evidence that exonerated him.

"This case shows that the well-documented problems of crime lab error ... occur all over Texas," said lawyer Barry Scheck, the Innocence Project co-director.

"This is also a classic case where faulty eyewitness identification procedures implicated the wrong man."

DPS officials disputed that analysis.

"During the original trial, the DPS analyst's testimony concluded that Brandon Moon could not be eliminated as a suspect," the agency said in a statement.

The victim identified Moon from a police photo, but told police she couldn't remember whether her attacker had a mustache or identify the colour of his eyes.

http://www.borderlandnews.com/stories/borderland/20041222-2902.shtml

17-year ordeal finally ends for freed El Pasoan's family

Charles K. Wilson
El Paso Times

Ruben R. Ramirez / El Paso Times
Brandon Moon, in hat, walked out of district court Tuesday between his lawyers, Nina Morrison and Barry Scheck, after being released during a hearing at the El Paso County Courthouse.

<#**#>

Frank and Shirley Moon waited for 17 years. And when the moment came, they let their emotions show with hugs, a few tears and smiles Tuesday after their son Brandon was freed from prison.

The family's ordeal came to a close when Senior District Judge Sam Paxson accepted a request to vacate Brandon Moon's conviction in a 1987 rape case.

The Moons called Tuesday's hearing a gift, but not theirs. They wanted the focus on their son.

"Go to him," Frank Moon told a reporter and offered a thumbs-up. "Not me. Talk to Brandon."

Frank Moon arrived early for the court hearing with a white cowboy hat meant to reflect his 43-year-old son's innocence.

"He asked (me) to bring a white hat, a good-guy hat," Frank Moon said. "And to salute some (Department of Public Safety) troopers."

Saturday, the Moons -- "working on 49 years of marriage" -- will gather with their five children and other family members at their home near Kansas City, Mo., and celebrate Christmas together, Shirley Moon said.

The tension the family had felt for years lingered before and during the hearing. "Can we go hide someplace?" Shirley Moon asked at one point. Napkins dabbed at tears as the hearing progressed.

Shirley Moon brought a tan belt for her son, who was dressed in a blue shirt and sweater, new blue pants still showing the folds, and new black loafers.

She held another blue shirt on a hanger as she waited for Brandon Moon to finish paperwork to walk out of the county jail.

"What can you say?" Frank Moon said. "He was practically dead, but now he's resurrected. I just thank God."

He also said he will be eternally grateful to the Innocence Project, which took up Moon's case.

After the hearing, the Moons resisted calls to join their son in front of the news media. This day, Shirley Moon reiterated, was for her son.

"He's the one who suffered," she said. "We suffered, too, but that was a lot different. We were free."

To help

The Life After Exoneration Program provides assistance to people wrongly convicted and imprisoned for long periods.

Donations to the program are tax-deductible, and all the money goes to clients.

Contributions may be sent to LAEP/Tides Center, 760 Wildcat, Berkeley, CA 94708.

Online: http://www.exonerated.org

Charles K. Wilson may be reached at cwilson@elpasotimes.com; 546-6137.

http://www.borderlandnews.com/stories/borderland/20041222-2903.shtml

Lab errors erode confidence in system, some lawmakers say

Gary Scharrer
Austin Bureau

AUSTIN -- Some key Texas lawmakers say crime lab errors resulting in conviction of innocent people such as Brandon Moon must be corrected or the public will lose confidence in the criminal justice system.

The Moon case and hundreds of tainted cases handled by the Houston Police Department's crime lab have inspired legislative hearings intended to find out what happened and how to fix those problems.

"I think, temporarily, the publicity given to the Brandon Moon case and those cases coming out of the Houston lab erode the public's confidence in the forensic evidence and analysis of that evidence," state Sen. Robert Duncan, R-Lubbock, said Tuesday.

State Senate Criminal Justice Chairman John Whitmire, D-Houston, will collect testimony at a hearing Jan. 4 in Houston to learn why criminal forensic labs are making so many mistakes.

"We want to review the El Paso case carefully and learn what happened and to make certain we do everything possible to prevent another similar incident," Whitmire said. "I don't think we know the depth of the problem."

Moon's lawyers contend that sloppy or faulty analysis of semen at the scene of a 1987 sexual assault of a West Side homemaker played a crucial role in influencing an El Paso jury to convict the former UTEP student and sentence him to 75 years in prison. He was released Tuesday because of DNA testing showing that Moon was "conclusively excluded" as the rapist.

The Department of Public Safety's crime laboratory in Lubbock handled the evidence, and prosecutors touted the DPS as being "like the FBI of Texas" before agency serologist Glen David Adams testified at Moon's trial.

The DPS expert told the El Paso jury that the semen from the assailant came from a person whose blood type could not be detected in such bodily fluids as saliva or semen. Such a person is considered a non-secretor. Adams determined that the crime scene evidence came from a non-secretor and told jurors that the victim's husband and son were secretors.

Moon was part of a small group of the population who could have left the semen, according to the DPS serologist. But Adams' analysis was faulty because he failed to properly identify the victim and her husband also as non-secretors, Moon's lawyers said.

Duncan agreed that the state needs to fix the problems, of the type coming out of the Department of Public Safety's Lubbock office, that helped convict Moon.

Those DPS tests performed by serologist Adams "were far from 'reliable' -- indeed, they appear to be marred by incompetence, fraud, or both," Moon's lawyers said in court papers.

"A very strict review of these labs is appropriate in order to repair the public's confidence in those labs," Duncan said. He is the author of legislation that state lawmakers passed in 2001 giving inmates such as Moon another chance to prove their innocence through DNA testing.

Adams, who no longer works for the DPS, declined opportunities to rebut criticism or to defend his work.

In a statement, DPS officials in Austin said Adams' trial testimony concluded that Moon could not be eliminated as a suspect. The evidence was tested in 1987 using the most up-to-date serology tests available at the time.

Gary Scharrer may be reached at gscharrer@ elpasotimes.com; (512) 479-6606.

http://www.kansascity.com/mld/kansascity/news/local/10469908.htm?1c

Posted on Tue, Dec. 21, 2004

Man convicted of 1987 rape expected to be released

Associated Press

EL PASO, Texas - A man who served nearly 17 years for rape was freed from prison Tuesday after DNA tests determined that he was not responsible for the crime.

Brandon Moon, 43, joined his parents, Frank and Shirley Moon, late Tuesday afternoon for a long drive to their home in Kansas City, Mo., following his release from the El Paso County jail.

Asked what he was feeling in his first moments as a free man, Moon told The Associated Press, "Numb. Have you ever had Novacain? It's a lot like that, just from head to toe. "

Moon, a former University of Texas at El Paso student, had been serving a 75-year sentence after his 1988 conviction on three counts of sexual assault.

Throughout his years behind bars, he maintained his innocence and said he never lost faith when others wouldn't listen to him.

"They're listening now," he said.

Moon said he doesn't know what the future holds for him.

"At least in part I'll continue making belt buckles, which has kind of kept me going over the years," he said, referring to his silversmith work while in prison. "What I'll be doing other than that, I don't know."

The El Paso district attorney and defense lawyers filed a successful joint motion in court to vacate Moon's conviction.

Nina Morrison, an attorney with the New York-based Innocence Project, said Moon would be released on $1 bond until his conviction is officially vacated by the state Court of Criminal Appeals.

Jaime Esparza, district attorney for El Paso County for the past 10 years, apologized to Moon for his wrongful conviction.

"My office and the state of Texas, in the interest of truth, recognize the injustice Mr. Moon has suffered," Esparza said.

Moon, who accepted the apology, may be eligible for compensation from the state of up to $25,000 for every year of his incarceration.

Moon's case was taken up this fall by the Innocence Project, which handles only cases in which DNA evidence can be used to prove the innocence of a convicted person.

In this case, the challenge focused on testimony by a blood-typing specialist at the Texas Department of Public Safety crime lab in Lubbock.

DPS serologist Glen Adams testified that Moon was among the 15 percent of the population that could have possibly have been the source of semen evidence presented at Moon's trial in El Paso.

Innocence Project lawyers contended that Adams' testimony implied that Moon was the likely rapist, despite that hair samples and other biological evidence exonerated him.

"This case shows that the well-documented problems of crime lab error ... occur all over Texas," said lawyer Barry Scheck, Innocence Project co-director. "This is also a classic case where faulty eyewitness identification procedures implicated the wrong man."

But DPS officials in Austin disputed that Adams made any suggestion that Moon was guilty.

"During the original trial, the DPS analyst's testimony concluded that Brandon Moon could not be eliminated as a suspect," the agency said Tuesday in a written statement. "The evidence was tested in 1987 using the most up-to-date serology tests available at the time, tests that were commonly used by laboratories across the United States."

DPS also said that Adams balanced his testimony by stating that pubic hair found at the scene did not match Moon, the victim or any of the victim's family members.

The victim, who was assaulted at gunpoint in her home in April 1987, identified Moon from a police photo, but she told police she couldn't remember whether her attacker had a mustache or identify the color of his eyes.

The Innocence Project concluded that the victim simply misidentified Moon as her attacker.

<*==*>

http://www.azcentral.com/news/articles/1222iraq-contractor22.html

U.S. contractor pulls out of Iraqi reconstruction

T. Christian Miller
Los Angeles Times
Dec. 22, 2004 12:00 AM

WASHINGTON - For the first time, a major U.S. contractor has dropped out of the multibillion-dollar effort to rebuild Iraq, raising new worries about the country's growing violence and its effect on reconstruction.

Contrack International Inc., the leader of a partnership that won one of 12 major reconstruction contracts awarded this year, cited skyrocketing security costs in reaching a decision with the U.S. government last month to terminate work in Iraq.

"We reached a point where our costs were getting to be prohibitive," said Karim Camel-Toueg, president of Arlington, Va.-based Contrack, which had won a $325 million award to rebuild Iraq's shattered transportation system. "We felt we were not serving the government and that the dollars were not being spent smartly."

Although a few companies and non-profit groups have pulled out of contracts in Iraq because of security concerns, Contrack's is by far the largest to be canceled to date, U.S. officials said. The move has led to fears that Iraq's mounting violence could prompt other companies to consider pulling out or discourage them from seeking work in Iraq.

U.S. reconstruction officials said the termination of Contrack's contract, which was not previously disclosed, would not hamper rebuilding. They said they were planning to put the contract up for rebidding, a process that can take months, and were hopeful Iraqi companies would participate. So far, most major contracts have been won by U.S.-based multinational companies.

Contrack's partnership was supposed to construct roads, bridges and transportation terminals in Iraq. It wound up refurbishing only a handful of train depots, according to company officials.

Nonetheless, the company was paid about $30 million during the eight months it was under contract, mostly for site assessments and design work, company and U.S. officials said.

"It's not a terrible loss," said Amy Burns, spokeswoman for the Pentagon's Iraq Project and Contracting Office, which oversees the bulk of the reconstruction work in Iraq. "It actually may be good that we're both moving on."

But reconstruction experts say Contrack's withdrawal may foretell trouble with other contractors.

"It's a very bad sign," said Michael O'Hanlon, a scholar at the Brookings Institution think tank in Washington who has closely followed the reconstruction process. "If this is how other private companies are thinking, it's a very bad potential warning."

Coming as U.S. reconstruction officials have been touting signs of progress, Contrack's withdrawal is a signal of the continuing difficulty facing the massive, $18.4 billion effort to rebuild Iraq.

<*==*>

Slave labor at the Arizona state Prison System????

I didn't call but I bet the phones are also answered
by slave labor they pay 10 cents and hour and force
to work at gun point and then say with a straight
face that they are "real employees" not slaves

Wed, Dec 22, 2004
Arizona Republic

License-plate chic

Looking for an unusual enviornmentally friendly gift?
Arizona prison inmates have begun recycling old
license plates into purses. The inmates, working for
Arizona Correctional Industries are turning out
two types of purses that can be purchased by the
public. The "barrel purse," at $64.75, features
two recycled license plates wrapped around
6-inch chrome baby moon hubcaps.

The "box-style purse," $38.50, has a square box
shape and is also made from two recycled license
plates. Both feature recycled rubber snap closures.
Order online at http://www.aci.state.az.us/purse.htm
or call (602)272-7600

Arizona Correctional Industries
3701 West Cambridge Ave.
Phoenix, Arizona
85009

Stylish purses made by prison inmates at Arizona State Prison. I called and asked if “slaves” were used to make then and they said “slaves” were not used to make the purses and that the purses were made by “prison inmates”.

<*==*>

http://www.azcentral.com/arizonarepublic/northphoenix/articles/1222phx-library1222Z3.html

City OKs 'no porn' policy staff
Phoenix will add librarian, 3 assistants

Ginger D. Richardson
The Arizona Republic
Dec. 22, 2004 12:00 AM

Phoenix officials have agreed to spend an extra $175,000 to add a full-time librarian and three assistants to help implement the city's new "no pornography" policy at all public libraries.

The Phoenix City Council voted in September to ban access to adult Web sites despite objections from civil liberties groups that said the action restricted people's First Amendment rights.

The council made the decision after hearing that police officers had arrested a child molester who said that he had downloaded child pornography on a computer at a public library.

"As a result of this one specific case, we've discovered that this behavior has been going on all the time," said Vice Mayor Peggy Bilsten, who ardently fought to implement the new policy, along with Phoenix Mayor Phil Gordon.

The computers in Phoenix's libraries now filter all Web sites that are classified as pornographic, and, unlike before, residents no longer have the option of having an unfiltered Internet session.

When adults reserve a computer, they can choose between a "basic" filtering session that blocks pornography or can choose an additional level of filtering that also blocks sites that include violence or other material that may not be appropriate for children.

An adult, per federal guidelines, is defined as anyone age 17 or over.

Computers in the children's and teen areas are automatically filtered for materials that may be objectionable for minors, city officials said.

The extra staff members are needed to help patrons with questions they may have about the new policy and to better monitor users' activity.

The council installed the filters despite objections from the ACLU, the American Library Association and other First Amendment advocates who said the devices are overly broad and imprecise. Officials of those groups say the filters can't block certain kinds of pornography - such as child porn, for example - and sometimes have been known to deny users access to legitimate information and materials.

Bilsten said she believes the city's software is working as it should.

"I am confident that we have the best filtering system available," she said, "and if we don't, we'll get a better one."

In addition, the city has taken several steps to try to provide a "safe" environment for those using the public library, officials said.

For example, the library has implemented a computer logging system that monitors, tracks and saves all uploading and downloading at the terminals. The information will be maintained for 30 days and will be accessible to law enforcement agencies if they are armed with a court order.

In addition, printers for the computers have been moved closer to reference desks so that staff can keep an eye on what materials are being printed out.

Phoenix officials estimate that residents schedule nearly 400,000 public computer sessions at the library each year.

Reach the reporter at ginger.richardson@arizonarepublic.com or (602) 444-2474.

<*###>

http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20041222/ap_on_re_mi_ea/iraq_3

Suicide Bomber Said Cause of Iraq Attack

By SLOBODAN LEKIC, Associated Press Writer

BAGHDAD, Iraq - The U.S. military said Wednesday that a suicide bomber likely carried out the explosion at a U.S. base near Mosul, spraying a crowded mess tent with small pellets and killing 22 people — nearly all of them Americans.

The announcement raised questions about how the attacker infiltrated the base, which is surrounded by blast walls and barbed wire and guarded by U.S. troops. However, as in many other U.S. military facilities, Iraqis do a variety of jobs at the base, including cleaning, cooking, construction and office duties.

The apparent sophistication of Tuesday's operation — the deadliest single attack on U.S. troops since the war began — indicated the attacker probably had inside knowledge of the base's layout and the soldiers' schedule. The blast came at lunchtime.

"We have had a suicide bomber apparently strap something to his body ... and go into a dining hall," Gen. Richard Myers, the chairman of the Joint Chiefs of Staff, told reporters at the Pentagon (news - web sites). "We know how difficult this is to prevent people bent on suicide and stopping them."

There was little apparent sympathy for the dead Americans on Mosul's deserted streets, where hundreds of U.S. troops, backed up by armored vehicles and helicopters, blocked bridges and cordoned off Sunni Muslim areas of Iraq (news - web sites)'s third-largest city.

"I wish that 2,000 U.S. soldiers were killed," declared Jamal Mahmoud, a trade union official.

Initial reports said a rocket had ripped into the tent. Later, however, a radical Sunni Muslim group, the Ansar al-Sunnah Army, claimed responsibility, saying it was a "martyrdom operation" — generally a reference to a suicide bomber.

Military officials in Iraq said Wednesday that shrapnel from the explosion included small ball bearings, which are often used in suicide bombings but are not usually part of shrapnel from rockets or mortars.

The attack sparked renewed concerns about the ability of U.S. troops and their Iraqi allies to secure elections Jan. 30. The military said they had expected an increase in violence as insurgents attempt to derail the vote for an assembly that will draft Iraq's new constitution.

"Insurgents, who have everything to lose, are desperate to create the perception that elections are not possible," said Gen. George W. Casey, the commander of multinational forces in Iraq. "We will not allow terrorist violence to stop progress toward elections."

Mortar attacks on U.S. bases, particularly on the huge, white tents that serve as dining halls, have been frequent in Iraq for more than a year. Just last month, a mortar attack on a Mosul base killed two troops with Task Force Olympia, the main force responsible for security in northern Iraq.

Tuesday's blast wrecked the mess tent at Forward Operating Base Marez, a military camp for U.S. and Iraqi government forces just south of Mosul.

The 22 dead included 13 U.S. service members, five U.S. civilians, three Iraqi National Guard members, and one "unidentified non-U.S. person," the U.S. military command in Baghdad said Wednesday evening.

Myers said authorities don't know whether the unidentified person was the likely bomber.

Of the 69 wounded, 44 are members of the U.S. military, seven are U.S. contractors, five are civilian workers for the Defense Department, two are Iraqi civilians, 10 are contractors of other nationalities, and one is of unknown nationality and occupation, the statement said.

About 50 people — most of them injured soldiers from Mosul — arrived in Germany on Wednesday aboard an Air Force C-141 transport plane. As a light snow fell, some wounded were carried away on stretchers.

Halliburton Co. lost four American employees in the attack, the Houston-based contractor said. Sixteen other Halliburton workers, including 12 subcontractors, were injured seriously.

In the immediate aftermath of Saddam Hussein (news - web sites)'s ouster in April 2003, U.S. commanders cited Mosul — with a population of 1.2 million some 220 miles north of Baghdad — as a success story. But armed opposition has mounted, especially since last month's successful U.S.-led operation to retake the insurgent-held town of Fallujah.

Many insurgents apparently moved to Mosul, where guerrillas launched a coordinated surprise attack in November against police stations. The municipal police force, estimated at over 6,000 officers, disintegrated; despite the success of U.S. troops a few days later in re-establishing control, only part of the police force has returned to work.

On Wednesday, hundreds of U.S. troops blocked five bridges over the Tigris river, and patrols spread out through the mainly Sunni neighborhoods of Muthanna, Wahda and Hadabaa.

Although no curfew was proclaimed, an Associated Press reporter said city streets were virtually deserted as personnel carriers and armored Humvees rumbled through.

Lt. Col. Paul Hastings, spokesman for Task Force Olympia, said the operation had been planned before Tuesday's attack. He said five of the bridges were closed to civilian traffic.

"We are targeting certain objectives, geographical as well as intelligence information about the terrorists," he said. "We are going to take the fight to the enemy."

Some residents watching the U.S. troops said they were worried about the possible repercussions of the base attack.

Sadiq Mohammed, a grocer, expressed concern that the U.S. military would use the attack as a pretext for a major crackdown in the city. "Yesterday's attack on the American base will for sure lead to an escalation in U.S. military activities in Mosul," he said.

Izdihar Kamel, a civil servant, praised those who had carried out Tuesday's attack.

"It was a heroic operation," Kamel said. "This is jihad and he who carried out this attack is a hero."

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http://www.azcentral.com/news/articles/1223phxbustedcop23.html

Ex-officer sentenced in drug case

Michael Kiefer The Arizona Republic Dec. 23, 2004 12:00 AM

A former state Department of Public Safety patrol officer who traded drugs for sex pleaded guilty in Maricopa County Superior Court on Wednesday and was sentenced to probation.

Michael D. Thompson, 31, expressed his remorse for no longer being a law enforcement officer.

"I just want to take full responsibility for what I did and for the hurt I caused my family," he told Judge Ronald S. Reinstein.

"The public is a victim because you violated their trust as a police officer," Reinstein replied.

Thompson, a Mesa resident, had been a DPS officer since 1999.

According to Maricopa County Attorney's Office spokesman Bill FitzGerald, DPS investigators first learned that Thompson might be exchanging drugs for sexual favors in July and set up a sting operation with a young woman who had had a relationship with Thompson.

On Sept. 23, according to FitzGerald, Thompson met with the woman, threw a packet of cocaine on the floor and told her to "earn" it.

Deputy County Attorney Elizabeth A. Gilbert said Thompson used drugs and his authority as a police officer as a method of control.

"He was using her desire for drugs as a way to make himself feel better about himself," she said in court.

Thompson was charged with sale or transportation of drugs; he was allowed to plead guilty to the lesser felony count of solicitation of transfer of narcotic drugs.

Reinstein accepted his plea and sentenced him to 18 months of supervised probation and 125 hours of community service.

<*==*>

http://www.azcentral.com/news/articles/1223prop200hearing23.html

Prop. 200 now law in Arizona
Tucson judge clears it; foes plan to appeal

Susan Carroll and Yvonne Wingett
The Arizona Republic
Dec. 23, 2004 12:00 AM

TUCSON - A federal judge on Wednesday lifted an order barring Proposition 200 from becoming law, clearing the way for state, county and municipal employees to immediately start reporting to immigration authorities suspected undocumented immigrants seeking public benefits.

U.S. District Judge David Bury's decision allowed Gov. Janet Napolitano to issue an executive order enacting the controversial voter-approved legislation Wednesday afternoon. The decision left some municipal officials across the Valley and state scrambling to prepare workers who will be required to ask all who apply for public welfare benefits for proof of citizenship.

Attorneys for the Mexican American Legal Defense and Educational Fund, the legal advocacy group that sued to stop the government from enforcing the initiative, plan to appeal the decision to the 9th U.S. Circuit Court of Appeals in San Francisco today or Monday. But state officials vowed that the law will go into effect and said workers will be equipped to deal with the new reporting requirements.

"Proposition 200 is now the law of Arizona," Napolitano spokeswoman Jeanine L'Ecuyer said. "And (the governor) expects that agencies will comply with the terms of 200 and any related issues."

The initiative requires state and local employees to verify the immigration status of people applying for public benefits and report undocumented immigrants or face possible criminal prosecution.

Arizona Attorney General Terry Goddard issued an opinion that narrowly defined "public benefits" to mean welfare. For example, the Arizona Department of Economic Security administers five programs that are affected by Proposition 200, state officials said. They include General Assistance, Sight Conservation, Neighbors Helping Neighbors, Utility Repair, Replacement and Deposit and the Supplemental Payment Program.

Proposition 200 proponents have a lawsuit pending that would expand Goddard's definition to include considerably more services.

Bury, appointed to the Arizona court by President Bush, sided with attorneys defending Proposition 200, which was approved by 56 percent of Arizona voters Nov. 2. The judge's decision to lift the restraining order he signed Nov. 30 was assailed by immigrant advocates but hailed by Proposition 200 supporters who gathered outside the Tucson courthouse after a hearing.

'A huge win'

"This is a huge win for the taxpayers of the state of Arizona, the rule of law and the Constitution," said Rep. Russell Pearce, R-Mesa, who helped craft the initiative. "And it sends a message that we have the right to report those people who are in the country illegally, especially when they're attempting fraud."

Thomas Saenz, vice president for litigation for the legal-defense organization, criticized the judge's decision and vowed to continue to battle the initiative, which many immigrant rights advocates said could spark other states to push for similar legislation. Attorneys for the organization argued that the law was unconstitutional and would harm undocumented immigrants and state and municipal employees.

The organization sued in November on behalf of more than a dozen plaintiffs, including undocumented immigrants, their children and state employees from the Valley and Tucson.

"We think he (Bury) was wrong on the law," Saenz said. "We think he was wrong on weighing the harms. We think he did not understand clearly how devastating the effects of this law could be, and how unconstitutional it is."

Immigrant: 'It's racist'

Jesus Garcia, an undocumented immigrant from Sonora, said the proposition already has bred fear and uncertainty in immigrant communities. Garcia, a 47-year-old construction worker who has lived in Tucson since 1998 after spending nearly a decade in the Valley, said his wife is afraid to go to government offices, even though the couple's three children are U.S. citizens.

"I think it's racist," Garcia said. "They don't understand if (undocumented immigrants) receive help, it's not for them, it's for the kids who are U.S. citizens. They're trying to put pressure on immigrants, and it's very dangerous . . . because some won't seek help."

Napolitano ordered agencies to perform random checks to guarantee Proposition 200 is properly implemented. Starting today, state, county and municipal employees will have to alert federal immigration officials in writing of suspected undocumented immigrants seeking public benefits. Those who failed to do so could face a Class 2 misdemeanor punishable by up to four months in jail and a $750 fine.

The measure also would give residents the right to sue the state, county or municipal government to remedy violation of federal immigration law.

Impact unclear

Many government officials said they remain unsure which services will be affected or to what degree. The DES has trained an estimated 2,350 employees to check documentation, officials said. If problems arise, the state will "defend any employee who makes a good-faith effort to follow the law," said Liz Barker, a DES spokeswoman.

In a packed hearing in Tucson federal court, Hector Villagra, the lead attorney for the Mexican American Legal Defense and Educational Fund, told Bury that the law remains vulnerable to interpretation and urged the judge to issue an injunction until the state had a binding interpretation of the proposition.

"Immigrants would face a chilling effect from the initiative's reporting requirements," he warned before the decision.

Steve LaMar, representing the state government, argued that the "people of Arizona spoke" with the passage of Proposition 200 and that the judge, barring constitutional concerns, was bound to uphold the law.

"The people of Arizona spoke directly, and what is the message if we take up the plaintiff's flag?" he asked. "It breeds apathy, and we don't need that in America in 2004."

Bury said the government had addressed the court's "serious concerns" outlined in the temporary order issued in November and issued a written decision that rejected the fund's motion. He said the state interpretation does not go beyond the scope of federal law, which already requires proof of eligibility for public benefits.

Officials calm fears

After the hearing, immigrant advocates pushed for people to come forward if they believe they are wrongly denied benefits, while some government officials tried to calm fears about the proposition's impact.

"It's not a massive ruling that applies to all benefits," said Maricopa County Supervisor Mary Rose Wilcox, who opposed Proposition 200. She said Goddard's interpretation limits the law's impact. "You don't have to be worried about being deported. You don't have to worry about going to the banks or sending your children to school."

Elias Bermudez, executive director of downtown Phoenix's Centro de Ayuda (Center of Help), which prepares citizenship documents for immigrants, said immigrants won't know what benefits would be at stake. The main problem, he said, is that immigrants may not want to seek medical care for fear of being deported.

"It's a slap in the face to the Latino community," he said of the ruling. "We're very sad and feel sorry this is happening to our state."

Reporter Elvia Daz contributed to this article.

http://www.azcentral.com/specials/special29/articles/1114Prop200QA14.html

What you should know about the latest on Proposition 200

The Arizona Republic Nov. 14, 2004 12:00 AM

Attorney General Terry Goddard has concluded that Proposition 200 affects certain public welfare benefits for undocumented workers, but not a wider array of services such as public housing assistance, health care and postsecondary education.

His opinion shed light on the potential effects of the immigration initiative approved by voters Nov. 2. But many questions remain, some of which were resolved by the latest ruling in federal court.

Goddard, for example, did not address the impact of Proposition 200 on voting in Arizona. The initiative would require all Arizonans to show proof of citizenship to register to vote and to show an ID when casting a ballot in person. That provision must be cleared by the U.S. Department of Justice.

In the wake of Goddard's opinion and other developments over the past week or so, here are some key questions and answers:

Q: How does the initiative affect Arizonans?

A: It says that all Arizonans must show proof of citizenship when registering to vote and prove legal status when asking for certain types of non-federally mandated public benefits.

Q: How will it affect undocumented immigrants?

A: They will not be entitled to receive certain state and local welfare benefits. Goddard's opinion says those benefits must be defined narrowly as those identified under Title 46 of Arizona statutes, which deals with welfare. Undocumented immigrants would continue to receive welfare benefits they are required to receive under federal law.

Q: Will this be a big change for undocumented immigrants?

A: Some legal experts say the changes would be minimal, that Proposition 200 as interpreted by Goddard would mainly enforce the existing law. The big difference would be that state and local workers could be charged with a misdemeanor if they don't withhold / certain welfare benefits from undocumented workers.

Q: Are judges required to follow Goddard's opinion?

A: No, although the opinion and the research are expected to be influential when the case goes to court.

Q: What will happen after lawsuits are filed against the initiative?

A: Lawyers will ask a federal judge to issue a preliminary injunction. If the injunction is granted, the initiative would be put on hold until all the legal matters are resolved.

Q: What if the court refuses to put it on hold?

A: Then it goes into effect. At that point, state and city employees will have to check the immigration status of everyone who applies for public welfare benefits. Goddard said his office will be working with state and local agencies to help them determine which welfare benefits are in question.

Q: Will children of undocumented workers be allowed to attend public schools in Arizona after the measure goes into effect?

A: Federal law exempts kindergarten to 12th grade public education, emergency medical care and any federally mandated programs.

Q: Is it safe for undocumented immigrants to send their children to school?

A: Yes. Public schools will not turn over to immigration authorities students who are living here illegally.

Q: Will undocumented workers be able to receive emergency care at Valley hospitals?

A: Yes. Such care is federally mandated.

Q: Will undocumented workers be able to get care under the Arizona Health Care Cost Containment System?

A: Yes, according to Goddard's opinion. He said the measure doesn't affect AHCCCS, the program that provides health coverage to the poor.

Q: Will doctors be asking for immigration papers?

A: Not when people go to the emergency room. Federal law says medical providers must treat anyone who has a medical emergency.

Q: How about private doctors?

A: Private medical providers may be required to verify the legal status if they provide any publicly funded services.

Q: What kind of identification will be needed when seeking services?

A: That's still unclear. But likely the following: a birth certificate, naturalization papers, Arizona driver's license issued after 1996, legal residency card, commonly known as a "green card."

Q: Will such services as police and fire protection be affected by Proposition 200?

A: Not according to Goddard's opinion.

Q: What welfare benefits could be affected under Title 46?

A: Goddard and local officials acknowledge they are still sorting it out, but authorities say the programs could include Meals on Wheels for seniors, domestic violence services and utility assistance programs. Title 46 also covers such programs as temporary assistance for needy families, child care services, short-term crisis services and supplemental payment programs.

http://www.azcentral.com/news/articles/1223prop200cities.html

For many communities, law's effect is a puzzle

Yvonne Wingett The Arizona Republic Dec. 23, 2004 12:00 AM

Some communities and counties across Arizona are not prepared to implement Proposition 200, officials have not identified which services could be affected and some don't even know what the voter-approved measure actually does.

Elected and top administrators from border communities and in central Arizona on Wednesday said they have not planned for Proposition 200 because they figured it would be caught up in the courts for years, they considered it unreasonable or they "have other things on their plates."

Tucson, Flagstaff and Phoenix interpret Proposition 200 differently while other midsize cities say it either doesn't affect them or they haven't yet addressed it.

Opponents and supporters of Proposition 200 alike are expected to test officials' implementation of the law at small border, mining and heavily Hispanic towns.

"I'm not worried whether it will affect our community right now," said Guillermina Fuentes, mayor of the mostly Hispanic border town of San Luis. "I tend to live on a daily basis. I don't think that it will become law."

But it did at 3:15 p.m. Wednesday after a federal judge lifted an order prohibiting the immigration measure from becoming law.

Even before the judge's ruling, the state, Phoenix and other Valley governments shielded their employees from legal actions stemming from the measure. But employees in small rural towns are uncoached and on their own.

Eloy City Manager Jim McFellin said that "we don't see there's a need at this time" to talk with employees about Proposition 200.

"I'd rather not speak to this issue at all," he said.

Council members in Miami weren't even familiar with Proposition 200: "I just don't think it is a major issue on our plate right now," Vice Mayor Ray Webb said. "It isn't something that we're looking at."

And Douglas has deemed the new law impractical and has not talked to the city's staff about it.

"Needless to say, it's going to be devastating," said Mayor Ray Borane, noting that 95 percent of the city's 17,000 population is Hispanic.

"Proposition 200 is such an impractical thing to put on a community like Douglas. Almost every public institution in the city of Douglas would be directly affected because of the ethnicity population."

Borane and other municipal leaders and officials said they don't foresee changing procedures, though many haven't determined whether they administer programs that fall under Attorney General Terry Goddard's interpretation.

His opinion narrowly defines what a "public benefit" is, but some municipalities are having a difficult time interpreting his opinion.

San Luis officials, for example, believe librarians will have to ban undocumented immigrants from checking out books and hooking up services, despite assurances from the state that they will not.

Legal experts said municipal officials should study programs and regulate right away.

"I think this is a serious problem for them," said Paul Bender of Arizona State University's College of Law. "You've got these people like Randy Pullen (a key backer of Proposition 200), who might go around trying to bring suits against those people and hold them liable even for criminal penalties for violating the law."

Phoenix, meanwhile, has trained about 200 Human Services Department employees to implement the city's version of the law. Just after the election, city attorneys determined that bus tickets, senior center meals, caseworker services, Reserve-a-Ride, rental assistance and other programs would be affected.

But after a series of revisions and advice by the state Department of Economic Security, the city determined that only its Utility Repair, Replacement and Deposit and Neighbors Helping Neighbors programs would be affected.

Chandler is not prepared but doesn't anticipate much impact on its programs except for municipal housing.

"There are a lot of dynamics out of our control," city spokeswoman Nachie Marquez said.

Midsize cities such as Avondale say they will take their lead from Phoenix's interpretation of the law, but Phoenix's reading could change.

Tempe has determined that it does not directly provide benefits tied to Proposition 200, but says two of its agencies, community services and housing services, could trigger compliance.

Tucson, Queen Creek, Sedona, Flagstaff, Glendale and Goodyear officials also have determined they don't offer services that would be affected by the law.

Pima County is ready to implement the provisions but said it will be difficult to carry out because it adds another layer of bureaucracy.

Coconino County is uncertain which programs will be affected.

Reporters Susan Carroll, Elvia Daz, Marty Sauerzopf, Jahna Berry, Edythe Jensen, Monica Alonzo-Dunsmoor and Alia Rau contributed to this article

<*==*>
 
http://www.eastvalleytribune.com/index.php?sty=33577

Priests charged with theft, fraud
By Lawn Griffiths and Gary Grado
Tribune

A grand jury has indicted two priests on charges they stole $160,000 from the Holy Cross Parish in Mesa.

Maricopa County Attorney Richard Romley said Wednesday that the Rev. Dennis Riccitelli, the church’s former pastor, and the Rev. Blase Meyer, associate pastor at St. Clement in Sun City, worked a number of schemes to steal from Holy Cross, 1244 S. Power Road.

Romley said Riccitelli, who had been the church’s pastor since 1996 until his resignation in December 2003, would reimburse credit card expenses to himself that the church had already paid, write checks to himself from the church bank account, and have staff cash checks from the petty cash fund for his personal use.

A report from the Mesa Police Department also indicates that Riccitelli and Meyer co-owned property they would lease to the church to house visiting priests, and bill the church even for vacant property.

The investigation went back only two years because the financial documents from previous years had been destroyed.

"If we had the paperwork, we would have looked into it," Romley said.

Riccitelli is charged with 14 counts of theft and fraudulent schemes and artifices and Meyer faces one count of each charge.

The Roman Catholic Diocese of Phoenix has placed both men on administrative leave and suspended their priestly duties.

Police arrested the two priests at a Mesa home in the 7100 block of East Juanita Avenue on Tuesday, which defense attorney Joe Keilp said was an unnecessary use of public funds because Riccitelli had agreed to surrender once the grand jury returned its indictment.

"We intend to vigorously defend against these charges until Father Riccitelli is vindicated," Keilp said.

Meyer is free on $8,100 bail.

Riccitelli, who is free after posting a $81,000 bail, resigned his pastor position at St. Jerome in west Phoenix in 1995 amid a battle over personnel and finances.

Romley said the parishioners there went to Bishop Thomas J. O’Brien, then leader of the Phoenix diocese, and threatened a charity boycott unless Riccitelli was removed.

O’Brien transferred Riccitelli to Holy Cross rather than calling police, Romley said.

Romley said the new culture under Bishop Thomas J. Olmsted, who has led the church the last year, is "very welcome."

The diocese conducted an internal audit of the church in the first week of December 2003 and "found significant financial concerns and procedures that did not conform to diocesan policy," said the Rev. Fred Adamson, the diocese’s moderator of the Curia.

"In March 2004, Bishop Olmsted determined that the diocese needed assistance in this matter and the Mesa Police Department was asked to conduct an official investigation," Adamson said.

Don Seyfferle, a member of the parish since its founding in 1978, had helped lead a petition drive more than five years ago to get O’Brien to remove the priest from Holy Cross. He said petitions, phone calls and letters to the bishop went unheeded.

Seyfferle said parishioners were upset that Riccitelli did not have a parish finance committee to oversee church funds, contrary to church law.

"He had so much control on what came in and all the deposits," he said. While many families quit the parish amid the turmoil, many parishioners had the attitude that "a priest can do no wrong" and were a "bunch of sheep," he said.

The church is home to 2,800 families and celebrates 13 masses a month.

Adamson said the diocese has taken "actions to minimize any financial loss to Holy Cross Parish."

The diocesan lawyer, Michael Haran, said the diocese and Riccitelli’s lawyers have been talking for a long time about recovering money for the church.

"If necessary, we’ll bring a civil action," Haran said.

Seyfferle said Holy Cross has rebounded in the year since Riccitelli’s suspension. "We have a good priest (the Rev. Richard Felt) now, and so many parishioners have started coming back and the parish is crowded again."

Contact Lawn Griffiths by email, or phone (480) 898-6522.
Contact Gary Grado by email, or phone (602) 258-1746.

<*==*>

http://news.bostonherald.com/international/view.bg?articleid=61323

Saudi Arabia beheads Pakistani, Iraqi men
By Associated Press
Saturday, January 1, 2005

RIYADH, Saudi Arabia - Two men, a Pakistani and an Iraqi, were beheaded Saturday for smuggling drugs into Saudi Arabia, the Saudi Interior Ministry announced.

The Pakistani, Mohammed Amin Abdullah Jan, was convicted of smuggling an undisclosed amount of heroin into the kingdom and was beheaded in the Red Sea port city of Jiddah, the ministry statement said.

Mattar bin Hussein bin Bakhit al-Khazaali, an Iraqi, was convicted of smuggling hashish into the kingdom and was beheaded in the northern town of Arar, close to the Iraqi border, according to the ministry.

Al-Khazaali is the second Iraqi to be executed in this border town in the past 10 days. Qaied bin Kamal bin Mohammed al-Zayadi, an Iraqi, was convicted of smuggling an undisclosed quantity of hashish into the kingdom and was beheaded in Arar on Dec. 22.

At least 35 people were beheaded in the kingdom in 2004 compared with 52 people in 2003, most of whom were convicted of drug smuggling.

Saudi Arabia follows a strict interpretation of Islam under which people convicted of drug trafficking, murder, rape and armed robbery can be executed. Beheadings are carried out with a sword in public.

( © Copyright 105 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. )

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http://www.azcentral.com/arizonarepublic/local/articles/1231neaudit31.html

Audit: Police should store evidence better

Holly Johnson
The Arizona Republic
Dec. 31, 2004 12:00 AM

SCOTTSDALE - Scottsdale police need to find a better way to systematically enter and store evidence, a recent city audit found.

The 99-page report found that the department failed to properly dispose of impounded property, money and firearms.

Several recommendations can't be addressed until city ordinances are changed, Chief Alan Rodbell said. But the department has already remedied some of the issues outlined by City Auditor Cheryl Barcala. advertisement

"We've put together a very aggressive schedule to meet every one of those 29 recommendations," Rodbell said.

Some of the recommendations include changing the way invoices for impounded property are prepared, identifying and disposing of items dating to the late 1980s and developing a database for managing impounded property.

The audit found that computerized and written documentation of impounded property does not accurately reflect whether that property has been released or destroyed. Some items in police possession may not be accounted for, and it's unknown how many pieces of unneeded evidence are in the department's possession.

Often, property held has exceeded by decades the holding period required by law.

State law dictates that officers submitting property to the unit must fill out a receipt of issue, but Scottsdale does not require that paperwork.

The audit recommends police create a streamlined method of preparing invoices and ensure efficient processing. Police expect that to be completed by April.

"This is basically housekeeping," Barcala said. "They need to undertake, first off, a systematic process to review the property they have and determine what can be disposed of."

The report marks the first time the city has audited the Police Department's property unit.

"I welcome audits," Rodbell said. "This is a way of coming in and looking at how we can operate more efficiently. The encouraging thing is they didn't find anything mishandled or lost for court purposes. Nothing was destroyed that shouldn't have been. We don't have employees taking items and using them for their own use."

Rodbell said the volume of property seized by police makes it difficult for the understaffed property unit to get to old evidence.

"We clearly work with a large number of cases where new stuff comes in, and we don't prioritize getting rid of the old stuff," he said. "You have a lot coming in that has to be processed, and little time is spent getting rid of the old stuff."

Reach the reporter at holly. johnson@arizonarepublic.com.

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more on phoenix htmlpolice beating video taped by news 12

http://www.azcentral.com/news/articles/0101inmate01.

Scuffle brings on inquiry
Assault by police claimed

David J. Cieslak
The Arizona Republic
Jan. 1, 2005 12:00 AM

A 22-year-old man involved in a scuffle in November with Phoenix police believes he's permanently disabled from the incident and said the officers should face assault charges for their actions.

Jaime Jimenez-Espinoza, a Mexican national charged with attacking a pregnant woman near 43rd Avenue and McDowell Road, said he was embarrassed by the altercation with the officers and has nightmares about it. The Nov. 23 scuffle was captured on videotape by a 12 News crew in the station's helicopter.

"I guarantee you, if I hit one of them, they would punish me," Jimenez-Espinoza said through a translator during an interview at the county's Durango Jail. "The police should learn from this so they don't do this again." advertisement

Phoenix police have launched two investigations, a criminal probe and an internal review, into the officers' conduct during the scuffle, said Sgt. Randy Force, a police spokesman. Once completed, the criminal investigation will be forwarded to the Maricopa County Attorney's Office, where prosecutors will decide whether to charge the officers.

"We're well aware that the officers' actions caused concern not only within the community but within the Police Department," Force said Thursday night. "If the County Attorney's Office believes these officers broke the law, it'll be up to them to take action."

The altercation occurred after Jimenez-Espinoza bolted from a car following a pursuit through west Phoenix. The married father of a 1-year-old boy said he ran from police because he feared immigration officials would deport him if he was arrested.

Police chased Jimenez-Espinoza after he reportedly robbed and assaulted a pregnant woman, then forced her into a vehicle at gunpoint. The woman was not seriously injured, authorities said.

Jimenez-Espinoza was charged with kidnapping, armed robbery and assault in connection with the incident. He declined to discuss the events leading up to the scuffle with authorities, saying only that he met the woman earlier in the day and he believes her testimony will exonerate him.

After a brief foot pursuit, Jimenez-Espinoza said he was surrendering and had his hands in the air when the altercation began. The 12 News footage shows Jimenez-Espinoza was handcuffed through most of the scuffle.

Among the actions shown on the unedited tape:

• Officer Steven Huddleston, 31, lunges at Jimenez-Espinoza, who was facing a wall and did not appear to be resisting.

• Once Jimenez-Espinoza is on the ground, an officer strikes him twice in the torso with his hand. Police then drag the suspect in the dirt before an officer places a foot on his midsection.

• Officer Thomas Beck, 32, talks to Jimenez-Espinoza with his fist on the man's head and neck, clearly placing a large amount of weight on him.

• The officers roll Jimenez-Espinoza onto his back and begin searching his pockets. A short time later, Beck punches him in the groin. They flip him back over and Huddleston stands on the back of Jimenez-Espinoza's left knee for a few seconds.

• As police walk the suspect to a patrol car, Huddleston strikes Jimenez-Espinoza's face with his elbow.

Jimenez-Espinoza, who said he has not met with an attorney since his initial court appearance three weeks ago, believes his feet were damaged in the scuffle and claims he has recurring pain in his head and back. He said he's considering legal action against the city.

"They were abusing me. I was defenseless there," said Jimenez-Espinoza, who claims officers were shouting racial slurs as they struck him. "I was just thinking everything should have been fine, but they were beating me up a lot. They just kept hitting me."

Photographer Carlos Chavez contributed to this article.

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http://www.azcentral.com/news/articles/1231iraq-gas31.html

U.S. to reissue legal memo on torture

Curt Anderson
Associated Press
Dec. 31, 2004 12:00 AM

WASHINGTON - The Justice Department is issuing a rewritten legal memo on the meaning of torture, backing away from its own assertions before the Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."

The 17-page document states flatly that torture violates U.S. and international law and omits two of the most controversial assertions made in now-disavowed 2002 Justice Department documents: that President Bush, as commander in chief in wartime, had authority superseding U.S. anti-torture laws and that U.S. personnel had several legal defenses against criminal liability in such cases.

"Consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture," said the memo from Daniel Levin, acting chief of the Office of Legal Counsel, to Deputy Attorney General James Comey. advertisement

Critics in Congress and many legal experts say the original documents set up a legal framework that led to abuses at the Abu Ghraib prison in Iraq, in Afghanistan and at the U.S. prison camp for terror suspects at Guantanamo Bay, Cuba. After the Iraqi prison abuses came to light, the Justice Department in June disavowed its previous legal reasoning and set to work on the replacement document to be released today.

The Justice memo, dated Thursday, was being released less than a week before the Senate Judiciary Committee was to consider Bush's nomination of his chief White House counsel, Alberto Gonzales, to replace John Ashcroft as attorney general.

Democrats have said they will question Gonzales on memos he wrote that were similar to the now-disavowed documents that critics said appeared to justify torture.

The release also coincided with continuing revelations of possible detainee abuse, most recently a series of memos from FBI agents uncovered in an American Civil Liberties Union lawsuit alleging instances of Defense Department wrongdoing during a variety of interrogations.

The new memo sets a far different tone: "Torture is abhorrent both to American law and values and to international norms."

http://www.azcentral.com/news/articles/1231iraq-gas31.html

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wife beating piggy resigns.

http://www.azcentral.com/arizonarepublic/local/articles/1231phxbriefs31.html

Phoenix news briefs

Dec. 31, 2004 12:00 AM

Officer shot by wife resigns from force

PHOENIX - A Phoenix police detective who was shot by his wife this week, then arrested on charges he assaulted her, has resigned.

Detective Billy Soza, 53, submitted his resignation Wednesday from a Maricopa County jail where he is being held, police said.

Soza's wife told police she shot him Monday night in self-defense after Soza held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day. Pamela Soza, 44, reportedly said her husband had been beating her for the past 20 years and that he wanted to kill her. She was not arrested.

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http://www.prensahispanaaz.com/edicion/principal/notas/mi.htm

Edición: 691. Del 29 de diciembre del 2004 al 4 de enero del 2005. Phoenix, AZ.

Minimizan impacto de la 200

Recomiendan a la gente seguir su vida normal y denunciar cualquier abuso.

Leo Hernández

Debido a que afectará solamente cinco programas de asistencia social, la Ley 200 no causará un impacto significativo en la vida de los inmigrantes de Arizona.
Por tal motivo todos deben continuar con su rutina diaria llevando a sus hijos a la escuela y yendo al doctor en caso de que sea necesario.
Así lo manifestó Alfredo Gutiérrez, director de la Coalición Estatua de la Libertad, al recordar que los beneficios sociales afectados por dicha ley ni siquiera son solicitados por los indocumentados.

“Es cierto que nos ha dado un golpe bajo el racismo, pero no estamos derrotados, le queremos decir a toda la gente que no pasa nada, que pueden continuar con su vida normal”, recalcó el activista.

Comentó que algunas personas le han llamado muy asustadas, diciéndole que tienen miedo de ir al hospital o de llevar sus hijos a la escuela; otros le han expresado su temor de perder su casa.

Pero Gutiérrez aseguró que nada de eso va a pasar y que si hay algún abuso inmediatamente debe ser denunciado.

Como se recordará, la 200 fue convertida en ley el pasado 22 de diciembre, cuando el juez David Bury levantó la suspensión temporal que la había congelado.

Al respecto, el abogado Daniel Ortega, quien encabeza un pleito judicial contra dicha ley, explicó que el siguiente paso será una apelación en la Corte Federal de Apelaciones del Noveno Circuito, con sede en San Francisco, California.

“La lucha legal continúa, esperamos que la Corte de Apelaciones nos otorgue otra suspensión”, declaró Ortega.

Por su parte el abogado Ben Miranda, líder del movimiento “Unidos Contra la Proposición 200”, lamentó la decisión del juez Bury, pero también pidió a la gente que continúe su vida normal.

Y quienes sean víctimas de injusticias a causa de la Ley 200, pueden denunciarlas llamando al número 1-877-252-7555.

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http://www.prensahispanaaz.com/edicion/principal/notas/nu.htm

Edición: 691. Del 29 de diciembre del 2004 al 4 de enero del 2005. Phoenix, AZ.

Nuevo escándalo sacude a la Diócesis de Phoenix

Ahora dos sacerdotes fueron arrestados por cargos de robo y fraude.

Leo Hernández

La Diócesis de Phoenix se ve sacudida por un nuevo escándalo, cuando aún no se recobra de los sufridos el año pasado a causa de abusos sexuales de curas contra niños.
Esta vez se trata de dos sacerdotes que fueron arrestados por acusaciones de robo y fraude.

Se trata de los padres Dennis Riccitelli y Blase Meyer, a quienes se les responsabiliza de la desaparición de 160 mil dólares de la parroquia de la Santa Cruz, de Mesa.
Así lo anunció el procurador Rick Romley en conferencia de prensa la semana pasada, al especificar que ambos curas enfrentan en total 14 cargos criminales, de los cuales 10 son por robo y cuatro por fraude.

De ser encontrados culpables, cada uno enfrenta cargos de entre cuatro y 10 años de cárcel.

Por su parte la Diócesis anunció que ambos sacerdotes están suspendidos de sus ministerios, y no pueden administrar ningún sacramento.

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Rumsfeld says "ordinary Iraqis to realize that they, not the Americans, will ultimately decide who prevails in this conflict"

good now that rumsfeld admits we will lose lets pack our bags and get the krap out of iraq and cut our losses - mike

http://www.azcentral.com/news/articles/1226rumsfeld26.html

Insurgents are Iraq's issue, Rumsfeld says

Robert Burns
Associated Press
Dec. 26, 2004 12:00 AM

BAGHDAD - In his Christmas Eve encounters with U.S. military commanders and hundreds of their troops, Defense Secretary Donald Rumsfeld heard, and said, little about armor or troop shortages, issues that have made him a political target in Washington among both Democrats and Republicans.

His main message over a four-city tour was quite different: that the insurgency has staying power and a seemingly endless supply of weapons, and the time has come for ordinary Iraqis to realize that they, not the Americans, will ultimately decide who prevails in this conflict.

During a visit to U.S. troops in Kuwait earlier this month, Rumsfeld was challenged by several soldiers on issues like lack of vehicle armor, pay and troop deployments. Some saw his responses as callous, triggering calls by some in Congress for him to resign, just days after President Bush had decided he wanted the 72-year-old Rumsfeld to stay for a second term at the Pentagon.

On his Iraq trip, Rumsfeld faced no such challenges. Instead, he emphasized his personal support and understanding of the sacrifices troops make.

"You face a determined and vicious enemy," Rumsfeld said in dinner remarks Friday to hundreds of 1st Cavalry Division soldiers at a post near the Baghdad International Airport, where they feasted on a holiday meal of prime rib, fried shrimp and chicken.

During his visit, Rumsfeld said it would be unrealistic to predict that the level of violence will recede once the Jan. 30 elections are held. In the end, he said, it will be a "uniquely Iraqi solution," not American.

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hmmm!!!! - none of the astronmers in the entire world or event the middle east recorded in their records that they saw the star the guided the 3 wise guys to the baby jesus! maybe it didnt happen.

http://www.azcentral.com/news/articles/1225skywatch25.html

Cosmic event, comet, nova, UFO?
Earthlings still captivated by the Star of Bethlehem

John Stanley
The Arizona Republic
Dec. 25, 2004 12:00 AM

Star of wonder, star of night,

Star of royal beauty bright,

Westward leading, still proceeding, advertisement

Guide us to thy perfect light.

What exactly was that mysterious beacon that guided the Magi across the desert? Theories range from the miraculous to the mundane, from angel to UFO. Most explanations, though, posit some sort of astronomical event.

The star itself is mentioned only briefly in the Nativity story, as told by Matthew (Chapter 2):

" . . . there came wise men from the east to Jerusalem,

Saying, Where is he that is born King of the Jews? for we have seen his star in the east, and are come to worship him."

King Herod, troubled by the news of a potential rival, sent the wise men to find this new king.

"When they had heard the king, they departed; and, lo, the star, which they saw in the east, went before them, till it came and stood over where the young child was.

"When they saw the star, they rejoiced with exceeding great joy."

That's it - the entire story of the Star of Bethlehem as recounted in the Bible.

Origen, an early Christian father who lived about A.D. 200, believed the star was either a comet or a nova (new star). Although Chinese records indicate a fairly bright comet appeared in the spring of 5 B.C., it was not noted in the Mediterranean world.

A problem with the comet theory is that comets were considered omens of doom rather than heralds of joy.

Origen also considered the possibility that the Star of Bethlehem was a nova, a short-lived star that appears suddenly in the sky, but records of a nova visible in the Mediterranean region around the time of the birth of Christ have not been found.

Many early commentators simply accepted the star as a miracle, perhaps an angel, leading the Magi to Bethlehem.

In more recent decades, UFO buffs have proposed the idea that the star was an alien spacecraft, which beamed down the baby Jesus to teach the people of the Earth the superior morality of a hypothetical galactic civilization.

Astronomers, however, tend to favor some variation of the planetary conjunction theory.

Planets are said to be in conjunction when they line up in the same part of the sky.

Knowing each planet's speed and distance, it's easy to calculate what the sky looked like at any time in the past.

The hard part is knowing which year to consider, as there is no consensus as to when, exactly, Christ was born. Historians can tell us only that it was between 8 B.C. and 1 B.C.

Several interesting conjunctions took place during those years, but one particular set stands out. During a stretch of several months in 7 B.C., the planets Jupiter (considered a "star" of royalty) and Saturn (linked to Israel in old Jewish lore) underwent a series of conjunctions in Pisces, traditionally considered a constellation of the Jews.

The rabbinic writer Abarbanel went so far as to predict the Messiah would appear when a conjunction of Saturn and Jupiter happened in Pisces.

Problems arise with this interpretation, however. The universal taxation called for by Caesar Augustus, which, according to Luke, led Mary and Joseph to Bethlehem, took place in 3 B.C., several years after the triple conjunction.

Another dramatic conjunction took place in 2 B.C., when Venus and Jupiter came so close together that, for a short time, they appeared to be a single dazzling "star."

Although we may never know what really happened so many years ago, we can accept the star as a symbol of the season as we rejoice with exceeding great joy.

Other parts of the sky

Look for Comet Machholz about 2 degrees west of the Pleiades star cluster on the evening of Jan. 7. If you're observing from a dark location, the comet will be just barely visible to the naked eye. With binoculars or a telescope, though, it's fairly easy to see, even from urban areas.

The planets Venus and Mercury are engaged in an intricate celestial ballet during the first two weeks of January. Look low in the east-southeast before sunrise, noting how they shift their relative position to one another each morning.

On Jan. 1, Mercury is 1 degree directly above Venus; by midmonth it is directly below. In between the two planets pass within one-third of a degree of one another, with their closest approach on Jan. 13.

Also on the 13th, Saturn reaches opposition, rising at sunset and setting at sunrise, but give it a couple of hours to get up in the sky before trying to observe it with a telescope.

The Huygens probe, designed and built by the European Space Agency, and carried to Saturn by NASA's Cassini spacecraft, is slated to land on Titan, the ringed planet's largest moon, on Jan. 14. That night, Titan is visible in a telescope as a pinpoint of light just north of Saturn.

Look for the crescent moon to the right of Mars before sunrise on Jan. 7 and to the right of Venus and Mercury the next morning.

John Stanley's Skywatch column runs the last Saturday of every month. He can be reached at (602) 444-4414.

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http://www.azcentral.com/arizonarepublic/local/articles/1225DNA25.html

Inmate gets new sentence hearing
Judge questions evidence at trial

Flynn McRoberts
Chicago Tribune
Dec. 25, 2004 12:00 AM

A decade after sending a man to death row, an Arizona judge on Thursday granted him a new sentencing hearing based on inconclusive DNA tests and questions about the bite mark evidence used to convict him.

On his last day before retiring from the bench, Yuma County Superior Court Judge Thomas Thode ruled that the new DNA tests and other evidence were "insufficient to exonerate" Bobby Lee Tankersley of the gruesome rape and murder of a 65-year-old woman.

But the judge's ruling questioned the bite-mark evidence he had used to sentence Tankersley to death for the 1991 slaying of Thelma Younkin, Tankersley's neighbor in a low-budget motel along what was then Yuma's skid row. advertisement

"The DNA evidence standing alone does little if anything to exculpate the defendant from his guilt, but the inconclusive DNA as to critical bite marks may be argued to diminish the appearance of extreme brutality," Thode wrote. "The new DNA evidence also raises other questions as to what happened the night of the murder."

During a recent hearing held over several days, DNA analysts disagreed over whether they could exclude Tankersley as a contributor to genetic material swabbed from marks on Younkin's body.

A jury convicted Tankersley in 1993 of raping Younkin and strangling her with the oxygen tubing she had used to help her breathe. At the trial, a forensic dentist testified that he could match Tankersley's teeth to numerous purported bite marks found on her body.

As Thode noted in his ruling Thursday: "The bite marks were a prime factor in this court's previous decision to exact the ultimate penalty."

But it later became clear that the same dentist, Dr. Raymond Rawson, helped send an innocent man, Ray Krone, to Arizona's death row. A former postal worker, Krone spent more than a decade in prison before DNA testing proved Rawson wrong, connecting another man to the crime and exonerating Krone.

A Chicago Tribune series earlier this year, Forensics Under the Microscope, showed that DNA tests such as those in the Krone case have revealed that even leading bite-mark experts make false matches.

Given the similarities in Rawson's testimony at the trials of both Krone and Tankersley, prosecutors asked the Arizona Supreme Court to order new DNA tests in the Tankersley case after Krone was released from prison in 2002.

During the recent hearing, Thode heard competing interpretations of those test results. The tests were ambiguous because they involved mixtures of multiple genetic profiles.

At the center of the disagreement was how confident forensic analysts should be in linking a suspect to a crime when small amounts of DNA from such mixtures are involved.

In Thursday's ruling, the judge also said he had re-examined evidence of Tankersley's alcoholism and "blackout(s)" presented at a hearing several years ago.

John Todd, the assistant Arizona attorney general who presented the state's case, said the judge had "correctly found that the new evidence did not warrant a new trial, (but) that he felt more comfortable having a jury of Mr. Tankersley's peers impose the appropriate sentence."

Todd said the defense could immediately petition to review the judge's finding.

Thode set a hearing for Jan. 19 to consider scheduling and other issues for the resentencing hearing - in front of a new judge, since Thode retired Thursday.

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Abuse suit pays $6.3 mil

Neela Banerjee
New York Times
Dec. 25, 2004 12:00 AM

The Christian Brothers, a Roman Catholic religious order, agreed to pay $6.3 million to settle lawsuits brought by three former students who were sexually abused by faculty members at an elite boys school the order runs in Northern California, the plaintiffs' lawyers and a victims advocacy group said.

The largest of the three settlements, at $4 million, would be among the biggest so far to be negotiated in California for a plaintiff in a clergy sexual abuse case, the lawyers and victims advocates said.

In early December, the Diocese of Orange County reached a settlement with 87 victims of abuse by priests and lay employees and agreed to pay at least $100 million, or a bit more than $1 million for each plaintiff. advertisement

An additional 900 or so alleged victims of sexual abuse by Catholic clergy and lay people in California await resolution of their lawsuits, plaintiffs' lawyers said. The high number of such cases in California is the result of a 2002 decision by the state to lift for one year its statute of limitations on sexual abuse cases involving the clergy.

The three men who sued the Christian Brothers in December 2003 said they were abused by members of the order when they were students at the De La Salle Institute in Concord, Calif., in the 1970s and 1980s.

The three molesters plied victims with drugs or alcohol before and during the attacks, which occurred at school and on trips, said Laurence Drivon, a lawyer for the plaintiffs. The settlement was first reported in the San Francisco Chronicle on Friday.

As part of the settlement, the Christian Brothers agreed to disclose what happened, although it has yet to release the names of the faculty members involved.

http://www.azcentral.com/arizonarepublic/news/articles/1225settlement25.html

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http://www.azcentral.com/news/articles/1225corruption25.html

Public corruption catching feds' eye

Lolita C. Baldor
Associated Press
Dec. 25, 2004 12:00 AM

WASHINGTON - Former Connecticut Gov. John G. Rowland's guilty plea Thursday to a felony charge makes him only the latest in what is a steadily growing number of federal corruption prosecutions focusing on government officials.

Although totals have not yet been released, the number of such cases pursued by federal authorities has grown by as much as 15 percent over the past four years, according to a Justice Department official, who spoke on condition of anonymity.

The increase, the official said, reflects the high priority placed on public corruption cases rather than a sudden spike in the number of dishonest politicians. advertisement

But the steady slide of high-profile public officials into ethical and criminal scandals risks fostering increasing distrust of government leaders.

"The government is wounded," Connecticut House Majority Leader James Amann said. "It's something most of us are concerned about. Most people have their hearts in the right place: to serve the public. But no matter how well you construct the laws and make the rules there will always be the ones who decide to break the law."

In recent months, two northeast governors have resigned in disgrace and a presidential cabinet nominee withdrew his name in a swirl of controversy over a nanny-housekeeper he employed.

Ethical missteps, ranging from improper campaign contributions and gifts to racketeering and tax fraud, also led to the downfall of former U.S. House Speaker Newt Gingrich, R-Ga., former Sen. Robert Torricelli, D-N.J., and Rep. James Traficant, D-Ohio.

And in a case that rocked the nation, former President Bill Clinton's dalliance with a White House intern led to his impeachment by the House. But he survived a Senate trial and finished his term in office.

In the most recent cases:

• Rowland pleaded guilty to one count of conspiracy to steal honest service in connection with a two-year investigation into corruption in his administration.

• New Jersey Gov. James E. McGreevey stepped down after acknowledging that he'd had an affair with another man.

• Former New York Police Commissioner Bernard Kerik withdrew his name from nomination as homeland security secretary after revealing he had not paid all required taxes for a family nanny-housekeeper and that the woman may have been in the country illegally.

In 2000, federal authorities indicted 1,000 public officials, according to Justice Department statistics. By 2002, the number had increased to 1,136, while the 2003 figure, not yet released, stayed relatively stable.

The 2004 total will be up again, reflecting up to a 15 percent increase over the 2000 figure, said the Justice Department official.

However, he added, "I don't think there is more public corruption than 10 years ago or 20 years ago. I think we're doing a better job of finding it and prosecuting it."

Lawmakers are taking notice.

"There is a greater awareness on the part of public officials that government needs to be run in an ethical way, by ethical people," said Peggy Kerns, director of the Center for Ethics in Government at the National Conference of State Legislatures.

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http://www.azcentral.com/news/articles/1224rowland24.html

Ex-governor pleads guilty

Matt Apuzzo and John Christoffersen
Associated Press
Dec. 24, 2004 12:00 AM

NEW HAVEN, Conn. - Six months after being driven from office by scandal, former Gov. John G. Rowland pleaded guilty to a corruption charge Thursday, admitting he traded his office for more than $100,000 in flights to Las Vegas, Vermont vacations and repairs to his vacation cottage.

Rowland, 47, probably will get 15 to 21 months in federal prison, lawyers said.

The once-popular three-term Republican had maintained for months that the businessmen and cronies who lavished gifts on him had received nothing in exchange. With a single word Thursday, he changed all that: "Guilty," he told the court, his attorney's hand on his back as he spoke. advertisement

The plea ends a two-year federal investigation of the former politician, although he could still face state charges.

"Obviously, mistakes have been made throughout the last few years, and I accept responsibility for those," he said after court. "But I also ask the people of this state to appreciate and understand what we have tried to do over the past 25 years in public service."

Rowland had not been charged with a crime before Thursday.

The guilty plea completed the downfall of a man who was once one of the GOP's rising young stars, a political boy wonder who first got elected to Congress at age 27 and went on to serve 9 1/2 years as governor.

"While we knew that this day might come, we were never really prepared for the reality of it," said Gov. M. Jodi Rell, who replaced Rowland. "Today the state of Connecticut was humiliated, and I, as John Rowland's former running mate and colleague, feel personally betrayed. When I first heard the news, I felt like I was punched in the gut."

Under a deal with federal prosecutors, Rowland pleaded guilty to a single count, conspiracy to steal honest services, a combination of mail and tax fraud. He admitted being part of a conspiracy in the executive branch, sometimes directing corruption, other times looking the other way.

The crime carries up to five years in prison. Prosecutors have agreed to ask for no more than two years at sentencing March 11. As a felon, Rowland will be unable to vote or hold public office.

By pleading guilty, Rowland escaped indictment in a racketeering case that had already ensnared his former co-chief of staff, Peter Ellef, and state Contractor William Tomasso. That case would have exposed Rowland to "a devastating amount of time," said his attorney, William F. Dow III.

Rowland owes the IRS more than $35,000 and faces up to $40,000 in fines, according to his plea bargain. The agreement does not require Rowland to testify against Ellef and Tomasso.

After signing his bail papers Thursday, Rowland turned to his wife and reassuringly mouthed the words, "All right."

Rowland resigned July 1 amid a gathering drive in the Legislature to impeach him, a federal investigation that was closing in on him steadily, an almost-daily trickle of corruption charges, and a drumbeat of demands that he step down.

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http://www.azcentral.com/news/articles/1224drugsentencing24.html

Court overturns portion of drug sentencing law

Paul Davenport
Associated Press
Dec. 24, 2004 12:00 AM

It's unconstitutional for Arizona to require time behind bars for drug offenders just because they'd also been charged at some point with a violent crime even if not convicted, a state court ruled.

The Court of Appeals struck down part of a drug sentencing law approved by Arizona voters as Proposition 200 in the 1996 general-election ballot.

The law included provisions to allow only probation and treatment for first-time, non-violent drug offenders, but the part overturned in the ruling this week went in the other direction. advertisement

Under the overturned provision, a drug offender would become ineligible for probation if the offender had a criminal record of having been indicted for a violent crime.

A three-judge Court of Appeals panel said the provision was unconstitutional because it would stem from a grand jury indictment based on a relatively low standard of proof called "probable cause."

That runs afoul of recent U.S. Supreme Court rulings that the Sixth Amendment right to jury trial requires jury findings based on a high standard of proof - beyond a reasonable doubt - to impose punishments more severe than the normal maximum, the ruling said.

The provision also is unconstitutional because it discards the presumption of innocence, violating constitutional protections for due process under the law, the ruling said.

The same part of the 1996 law also prohibited probation for a drug offender who had been convicted of a violent crime, but the Court of Appeals said that was permissible.

The Court of Appeals ruling came in a Maricopa County Superior Court case in which Melissa Jean Gomez was sentenced to prison terms on two drug possession charges. She would have been eligible for probation except for the fact that she'd been charged in 1994 with manslaughter.

Court papers said Gomez was not tried on the manslaughter charge because the state had it dismissed on grounds that there was no reasonable likelihood of conviction.

The Court of Appeals upheld Gomez's convictions but sent her case back to trial court for resentencing under its ruling.

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goverment idiots want to arrest the person that made them look like idiots. maybe they shoud take responsibility for being idiots!

http://www.azcentral.com/news/articles/1227202-devicefound-ON.html

Suspicious pipe piece prompts 2-hour shutdown of Loop 202 stretch

Katie Nelson
The Arizona Republic
Dec. 27, 2004 02:25 PM

The discovery of what looked like a pipe bomb along a stretch of the Loop 202 prompted a shutdown of westbound lanes midmorning Monday, ensnarling traffic for post-holiday commuters for about two hours.

An Arizona Department of Transportation worker found an 8-inch piece of metal pipe in the gravel on the Red Mountain Freeway, said Frank Valenzuela, state Department of Public Safety spokesman. The yellow-tinted pipe, found about 150 feet west of Center Road in a median between the westbound lanes and a frontage road, had caps screwed into both ends, Venezuela said.

Flash marks made it look like it had been set on fire. advertisement

At about 9:30 a.m. DPS officers shut down the westbound portion of the freeway, with the help of Tempe police. The DPS bomb squad was brought in to investigate the area on the Loop 202 between Priest Drive and Rural Road.

Ninety minutes later, the eastbound portion of the Loop 202 was also shut down as the bomb squad used a robot to shoot a water cannon at the device. It turned out the pipe was hollow inside.

"We're not sure who put it together or why it's on the side of the road," Valenzuela said. If someone is found to have purposely left the pipe piece, charges could be pressed, he said.

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I talked to several of these guys two years ago at the Maricopa county libertarian party convention in tempe and they said they were unfairly singled out and investigated by the government because they were libertarians. I should also say that as a libertarian I think it was wrong for them to take the money. But I also its unfair for the government to single them out for taking the money because they don’t shake down republicans and democrats who take the stolen money

http://www.azcentral.com/arizonarepublic/local/articles/1228azroundup28.html

Arizona news briefs

Dec. 28, 2004 12:00 AM

Ex-candidate faces

sentencing for perjury

PHOENIX - A former legislative candidate could be sentenced to up to 3 1/2 years in prison after pleading guilty to a perjury charge in a case stemming from misuse of public funding for campaigns. advertisement

Yurikino Cenit "Yuri" Downing-Garcia, 34, pleaded guilty Wednesday during a hearing in Maricopa County Superior Court. He faces at least probation when he is sentenced Jan. 26.

Downing-Garcia admitted committing perjury by failing to include every transaction involving his campaign account, the Arizona Capitol Times reported.

He was charged with fraud, perjury and theft in his use of campaign funds in his failed state Senate bid and as treasurer for two other unsuccessful legislative candidates' 2002 campaigns.

Fellow Libertarians Trevor Clevenger and Paul DeDonati reached settlements with the Citizens Clean Elections Commission, the agency that oversees Arizona's system of public campaign financing.

The three ran unsuccessfully in a district in Tempe and part of Scottsdale.

<SNIP>

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http://www.azcentral.com/arizonarepublic/local/articles/1228montini28.html

Gov. J.D. Leghorn? Yep, and we ain't just whistlin' 'Dixie'

Dec. 28, 2004 12:00 AM

Rep. J.D. Hayworth took contributions from companies like Enron, WorldCom and Arthur Andersen. A political action committee he formed accepted hundreds of thousands of dollars from Indians with gambling interests, then hired Hayworth's wife to do bookkeeping.

He has taken tens of thousands of dollars from his own campaign war chest and doled it out to other candidates. He collected so much money for this past election (against a candidate with few resources) that he was able to hand over $100,000 to the national Republican campaign committee. He also enthusiastically plays the role of attack dog for his party on the national news programs.

Naturally, this type of behavior hasn't gone unnoticed in Arizona. Because of his well-documented antics and unrepentant demeanor, Hayworth has become . . . the most important Republican in the state.

More so than Sen. John McCain, who is much more of a national figure. More so than Sen. Jon Kyl or any other member of Congress.

A politician is measured by the respect he or she gets from the opposition. Not long ago, I spoke with Maricopa County Attorney Rick Romley, who would like nothing more than to run against Gov. Janet Napolitano in 2006. But only if he first doesn't have to face Hayworth in a primary.

"I think it would be best for the party if leadership got together and settled on a candidate, rather than have a bitterly fought primary," Romley said, perhaps taking to heart the chant of "governor, governor, governor" that greeted Hayworth when he took the stage at Republican Party headquarters on Election Night. Other Republicans also have deferred to Hayworth.

"An awful lot of people have asked him to look at it (the governor's job)," Hayworth spokesman Larry VanHoose said. "He hasn't put any time frame on deciding. He hasn't had much to say about it, really. I gather that he and Mrs. Hayworth and the family are talking about it, but it hasn't gone much beyond that."

People (like me) who once called Hayworth a political Foghorn Leghorn obviously didn't watch enough cartoons. The cagey old rooster takes his lumps, but he always manages to get to his feet, puff up his chest and strut back onto the screen singing do-dah, do-dah. He wins, and so does Hayworth, who appears to rule the roost over a deferential brood of clucking Republican farm birds.

Back in 1994, Hayworth stood on the steps of the U.S. Capitol with Matt Salmon, John Shadegg and other Republicans, signing the Contract with America and pledging, among other things, to leave office after six years. The only person who kept the promise, Salmon, lost to Napolitano in the governor's race. Hayworth knew better. He has known from the start that working as a TV sportscaster wasn't simply a good preparation for politics, it was perfect. Politics is TV, and Hayworth has played to the cameras from his very first campaign, when he said, "I don't view what I am planning to do as a career."

He instinctively knows what voters hold against a politician and what they don't, what's important to them and what's not.

Romley is a war hero who has put bad guys in jail for 16 years. There was a time when a candidate with no combat experience and a background in sports entertainment wouldn't have had a chance against a wounded veteran with a chestful of medals and a history of public service.

But as one recent election clearly demonstrated, times change.

Reach Montini at ed.montini@arizonarepublic.com or (602) 444-8978.

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http://www.azcentral.com/news/articles/1229copshot29.html

Officer shot, booked on violence counts

Emily Bittner
The Arizona Republic
Dec. 29, 2004 12:00 AM

Phoenix police arrested one of their officers Tuesday on charges of domestic violence after his wife said she shot him several times to defend herself.

Detective Billy Soza, a 25-year officer, was booked on two counts of aggravated assault and one count of kidnapping, said Sgt. Randy Force, a spokesman for the department.

Soza, 53, was released from St. Joseph's Hospital and Medical Center about 4:30 p.m. and booked into Madison Street Jail, Force said.

He spent most of Tuesday recovering from gunshots to the face, chest, shoulder and left hand.

His wife, 44-year-old Pamela Soza, was not taken into custody.

Soza's most recent assignment is as a property crimes investigator for the city's south side, where he has investigated fraud schemes targeting the elderly. He also has been a member of the department's SWAT-like Special Assignments Unit.

Soza was shot Monday night during a domestic dispute involving his wife, Force said. Their 19-year-old daughter was also at the house, in the 10900 block of West Roma Avenue, during the shooting just before 11 p.m.

Their daughter didn't witness the suspected assault, but saw the shooting, Force said.

Afterward, one of the people inside the house called 911, and the first officers on the scene found Soza in a bedroom.

Pamela Soza told officers that she shot her husband in self-defense, Force said. She claimed she was assaulted just before the shooting and used a handgun that was in the home. The gun was not Soza's service weapon, Force said.

Soza told police investigators that he thinks his behavior contributed to the situation, Force said.

"He made statements to the detectives that he shared some responsibility in what took place," Force said.

The department's Professional Standards Bureau will investigate the incident to determine whether department policies were violated, Force said.

There have been no reports to police of domestic violence to the couple's home, Force said. According to a Police Department file on Soza, during the past five years internal investigators have sustained no complaints against him and he has no outstanding complaints. The department keeps the records for five years.

Soza was a long-range reconnaissance patrol officer in Vietnam and is well-liked around the department, Force said.

"Many fellow officers will be shocked to hear that he was in a domestic violence incident," Force said.

Reach the reporter at emily.bittner@arizonarepublic.com or (602) 444-4783.

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black collar crimes

http://www.azcentral.com/news/articles/1229pastorarrest29.html

Ariz. pastor held in Fla. sex counts

Susan Carroll
Republic Tucson Bureau
Dec. 29, 2004 12:00 AM

A Douglas pastor has been arrested in the reputed molestation of a 6-year-old Florida boy in 1996 and admitted to sexually abusing children in North Carolina and Michigan, authorities said Tuesday.

Robert Armand Enerson, 54, was booked into Cochise County Jail on Monday night on three charges of lewd assault on a child, said Lt. Carlos Guido Jr., a Douglas Police Department spokesman. Enerson, a pastor at the First Assembly of God in Douglas for two years, will be jailed pending extradition to Polk County, Fla., authorities said.

"Obviously we're continuing the investigation to see if there are additional victims," Guido said.

An affidavit prepared by Polk County investigators alleges that Enerson molested a boy repeatedly for about a week while serving as a pastor at the New Life Assembly of God in Wahneta, Fla., in 1996. The accuser, now 15, said Enerson entered a bedroom where the boy was playing video games and stroked the child's penis, according to the affidavit.

In an interview with investigators in Douglas, Enerson reportedly said he had touched the boy's penis on at least two occasions, although possibly more, and had the boy touch him, according to the affidavit. Enerson also told detectives the child was hiding under the bed at one point and he pulled him out to touch his penis, the affidavit states. The boy told investigators he was intimidated by the size of the burly pastor, who weighs about 250 pounds, according to records.

In the affidavit, Enerson also was accused of having "oral relations" and masturbating a boy over a span of seven years, from age 10 to 17, in North Carolina. Enerson also reportedly told detectives he rubbed a Michigan boy's penis an unknown number of times, according to the report.

The church did not return phone messages.

Investigators are asking anyone with information on Enerson to call Douglas police at (520) 364-9422 or Polk County at 1-800-226-TIPS.

Reach the reporter at susan. carroll@arizonarepublic.com.

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http://www.azcentral.com/news/articles/1230dvcop30.html

Officer's wife says he beat her

Emily Bittner
The Arizona Republic
Dec. 30, 2004 12:00 AM

Phoenix Detective Billy Soza's wife told investigators he has been beating her for the past 20 years and that he wanted to kill her.

Pamela Soza, 44, shot the 25-year police veteran four times Monday when the assaults were at their worst, according to Maricopa County Superior Court documents.

She told investigators that she thought she had no other choice after he held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day.

Pamela Soza told investigators that her husband warned her that if she called the police or told anyone about the abuse, he would kill her and track down the rest of her family and kill them, according to documents.

Billy Soza became enraged after his wife came out of the surgery that removed the lump, police said.

He was arrested and charged with two counts of aggravated assault and one count of kidnapping after being released from a Phoenix hospital Tuesday. He is being held at a Maricopa County jail on $500,000 bond.

According to his personnel records, in 1998 he earned an award from the National Center for Missing & Exploited Children and another national award as Officer of the Year. He also received several Police Department medals for valor and lifesaving.

Supervisors gave him generally favorable reviews, but he received two written reprimands, one for being disrespectful to a supervisor and another for detaining a drunken-driving suspect while off-duty.

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there is lots of money in making up evidence to support the existance of god

http://www.azcentral.com/news/articles/1230israel-antiquities30.html

4 Israelis facing charges in antiquities forgery case

Karin Laub
Associated Press
Dec. 30, 2004 12:00 AM

JERUSALEM - Four Israeli antiquities collectors and dealers were indicted Wednesday on charges they ran a sophisticated forgery ring that spanned the globe and produced a treasure trove of fake Bible-era artifacts, including some that were hailed as major archaeological finds.

Police said the ring forged what were presented as perhaps the two biggest biblical discoveries in the Holy Land in recent years: the purported burial box of Jesus' brother James and a stone tablet with written instructions by King Yoash on maintenance work at the ancient Jewish Temple.

Shuka Dorfman, head of the Israel Antiquities Authority, said the scope of the fraud appears to go far beyond what has been uncovered so far.

"We discovered only the tip of the iceberg. This spans the globe. It generated millions of dollars," Dorfman said. "(The forgers) were trying to change history."

Investigators warned that collectors and museums around the world could be in the possession of fakes, and scholars urged museums to re-examine items of suspicious origin. The forgery ring has been operating for more than 20 years, Dorfman said.

Scholars said the forgers were exploiting the deep emotional need of Jews and Christians to find physical evidence to reinforce their beliefs.

The indictments were announced at a joint news conference of the Antiquities Authority and the police, capping a two-year probe.

The forgers would often use authentic but relatively mundane artifacts, such as a plain burial box, decanter or shard and boost their value enormously by adding inscriptions, Dorfman said. Then the forgers would try to re-create patina, or ancient grime, to cover the carvings, the indictment said.

The four men indicted were Tel Aviv collector Oded Golan, owner of the James ossuary and the Yoash tablet; Robert Deutsch, an inscriptions expert who teaches at Haifa University; collector Shlomo Cohen; and antiquities dealer Faiz al-Amaleh. The four are free on bail, police said.

Golan said in a statement Wednesday that "there is not one grain of truth in the fantastic allegations related to me." He said the investigation is aimed at "destroying collecting and trade in antiquities in Israel."

Deutsch dismissed the indictment as "ridiculous."

Hershel Shanks, editor of the Washington-based Biblical Archaeology Review, said in a telephone interview, "Either this is going to be proven a horrific scandal or the greatest embarrassment to the Israel Antiquities Authority."

Shanks disclosed the existence of the James ossuary at a November 2002 news conference.

Additional indictments will be issued in coming days, said Shaul Naim, chief investigator of the Jerusalem police.

The probe began after the Yoash tablet was offered for sale to the Israel Museum for $4.5 million two years ago.

Uzi Dahari, a top official in the Israel Antiquities Authority, said in a recent lecture that some of the forgeries were done by an Egyptian artisan who has worked in Israel for the past 15 years. The Egyptian went out drinking in a Tel Aviv pub from time to time and would brag about his exploits.

Naim said many more fakes are apparently in the possession of collectors and museums worldwide.

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http://www.azcentral.com/news/articles/1230priest30.html

Influential clergyman is placed on leave
Sex allegation targets Fushek

Joseph A. Reaves
The Arizona Republic
Dec. 30, 2004 12:00 AM

A Valley priest who founded a charismatic youth group that exploded into the nation's largest teen ministry was placed on administrative leave Wednesday while his superiors investigate an allegation of sexual impropriety that went unreported for two decades.

The allegation was the second of a sexual nature brought in the past 10 years against Monsignor Dale Fushek, founder of the Life Teen movement and longtime pastor at St. Timothy's Parish in Mesa.

Neither incident involved physical sexual contact. One involved a sexual-harassment complaint raised by a male Life Teen employee that was settled out of court for $45,000 in 1995. The most recent allegation stems from an event that reportedly took place in 1985 when the accuser, then 14, said he was sodomized by another priest while Fushek watched and performed sexual acts on himself without intervening to protect the youth.

Bishop Thomas J. Olmsted was made aware of the latest allegation Tuesday, and after his deputies met with the accuser's attorney, the bishop announced he was placing Fushek on paid administrative leave. The decision means Fushek, one of the most popular priests in the diocese, is banned from all public ministry, including saying Mass, until the investigation is complete.

"This has been a very difficult but necessary decision," the bishop's top aide, Vicar General Fred Adamson, said at a hastily called news conference at the diocese's headquarters in downtown Phoenix.

"The action comes after an attorney notified the Diocese of Phoenix that his client claimed to have recovered a repressed memory involving sexual improprieties by Father Fushek in 1985," Adamson said.

Adamson stressed the decision to place Fushek on administrative leave "is not a presumption of guilt or innocence." It was made, he said, to comply with the Diocesan Policy on Sexual Misconduct, which was strengthened in the wake of the nationwide priest abuse scandal that shook the Catholic Church.

Under that policy, church officials are required to notify civil authorities about allegations of sexual misconduct involving children.

Maricopa County Attorney Rick Romley confirmed Wednesday night that his office had been notified of the allegations against Fushek.

"Obviously, we appreciate the cooperation of the church, and this matter shall be looked into by my office," Romley said.

Frank Verderame, the attorney who raised the allegations, said he and the diocese agreed to keep his client's identity confidential.

"We are doing so in the interest of helping my client heal from this horrible tragedy," he said.

Verderame, a Catholic whose children were Life Teen members, said he wept when he finally made the decision to contact the diocese on Dec. 22.

"As a Roman Catholic and a person who has known Father Fushek for nearly 20 years, I am personally upset about having to bring this case," he said. "But justice requires me to do so."

Verderame, who is also a close friend of Adamson, said he told the diocese Fushek was in a bedroom at St. Timothy's rectory in 1985 when another priest sodomized his client. That priest was never assigned to St. Timothy's Parish.

Romley said his office knew of the 1985 case but was unable to prosecute.

"We were aware of this incident and followed up, but the man who brought the allegation was undergoing counseling and did not want to pursue it at that particular time," Romley said.

Verderame said he told the diocese in three meetings since Dec. 22 that Fushek witnessed the priest sodomizing his client and did nothing to stop it.

"We also have information that Father Fushek was made aware of inappropriate conduct by others in addition to (that priest) and apparently did not report it to the authorities," he said.

A pre-sentencing report obtained by The Arizona Republic in yet another sexual-misconduct case seems to support the allegation that Fushek failed to report at least two other incidents involving inappropriate behavior.

That pre-sentencing report was prepared in the case of Marc "M.J." Gehrna, a former Life Teen employee from Chandler, who pleaded guilty in May 2002 to three counts of sexual misconduct with a minor.

In the report, a young man and a young woman each told court officials they reported inappropriate sexual activities by Gehrna to Fushek.

Verderame said he was unable to find any evidence that Fushek reported those incidents to his superiors or to civil authorities.

"We have inquired with the County Attorney's Office and do not believe that he reported this behavior to the authorities," Verderame said. "This information suggests that a culture of inappropriate behavior existed at St. Tim's."

Fushek's attorney, Michael Manning, said he welcomed the decision to put Fushek on paid leave while the allegations are investigated. But he said he is certain Fushek is innocent.

"I know from speaking with him that there is absolutely no grounds for these allegations," Manning said.

"I think it is good that legitimate complaints are brought and resolved, but the atmosphere that exists today makes good priests, innocent priests, vulnerable to these sorts of trumped-up allegations."

Fushek, longtime pastor at St. Timothy's Parish, founded the Life Teen organization in 1985 to reach out to youngsters who felt the church was irrelevant. Under his charismatic leadership, Life Teen has grown to more than 100,000 members with Masses in 850 churches across the nation each week.

Parishioners and staff members at St. Timothy's were shocked by his suspension but said they, too, were confident he will be cleared of any wrongdoing.

"The essence of Father Dale is inconsistent with the essence of what might be the complaint," said Donna Killoughey Bird, development director and general counsel of Life Teen.

The Rev. Carlos Gomez, associate pastor at St. Timothy's, said Monsignor Richard Moyer, former vicar general of the diocese, will fill in while Fushek is on administrative leave.

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http://www.azcentral.com/arizonarepublic/opinions/articles/1230thurlets303.html

Iraq chaos equals tragedy of quake

Dec. 30, 2004 12:00 AM

Regarding "Faces of tragedy" (Editorial, Tuesday):

"The descriptions are nearly incomprehensible. The most powerful bombing of a civilian population in 60 years. Villages vanishing beneath the advancing liberation forces. A civilian death toll in the tens of thousands and rising every week. Millions are homeless."

The Republic editorial description of the terrible destruction caused by the recent earthquake could easily be used to describe the destruction in Iraq, except on a more protracted time scale. The earthquake catastrophe was obviously a natural happening.

The tragedy in Iraq, to both Iraqis and U.S. forces, was and is being caused by a disillusioned man in the White House. Of course the White House refuses to count the Iraq civilian casualties, which many believe to be greater than in the recent earthquake, and the Republican-controlled press cooperates in suppressing this information.

Bob Daniels, Fountain Hills

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tempe town toilet overflows!!!!!

http://www.azcentral.com/news/articles/0101floodfolo01.html

Water runs through it
Salt River flows again in Valley - temporarily

Josh Kelley
The Arizona Republic
Jan. 1, 2005 12:00 AM

At sunrise Friday, the occasional splash of a fishing lure striking the water of Tempe Town Lake was about all that disturbed its placid surface.

By 10 a.m., the lake's eastern dam was deflated, and gushing water from the Salt River transformed its tranquility into a fast-flowing, debris-filled waterway that attracted crowds of fascinated observers scattered along the shore.

"The lake has become a river," said Jacque Medrano, who came from her home in south Scottsdale to watch water flow across Tempe Town Lake's two dams for the first time since it was completed in 1999. advertisement

The water traveling through the Salt River resulted from water released from Horseshoe and Bartlett lakes that swelled earlier this week after torrential rains flooded the Verde River north of the Valley.

Water was originally released from Bartlett Lake at 30,000 cubic feet per second.

It then passed through the Granite Reef Diversion Dam at a peak of 28,000 cubic feet per second into the Salt River by midnight Thursday, said Jeff Lane, spokesman for the Salt River Project, which controls the reservoirs.

The water eventually reached Tempe Town Lake's inflated rubber dam by 9:30 a.m. Once water began rushing over the top of the 5-foot eastern dam, a computer-controlled system equipped with stress and pressure gauges completely deflated the dam's air bladders, merging the lake and river.

A few minutes later, water began cascading over the 16-foot dam on the lake's western edge, reaching a maximum flow of 17,600 cubic feet per second at 11:20 a.m., said Don Hawkes, a dam operator for Tempe's Water Utilities Department.

Air expelled from the western dam forced out brown, rusty dust from its seldom-used bladders and dropped the dam's height by 2½ to 3 feet, Hawkes said.

"Everything worked flawlessly, apparently," said Charlie Ester, manager of Water Resource Operation for the SRP.

"Perfectly," said Hawkes, describing how the dams performed. "Nothing unexpected. Everything has worked exactly as it was planned."

During the entire operation, the lake's water depth, which ranges from roughly 8 to 16 ½ feet, remained constant for the most part, officials said.

After the water rapidly plunged over the edge of the western dam, it filled the Salt River from bank to bank for the first time in years.

The water, at an average depth of 2 to 3 feet, will likely reach Painted Rock Reservoir near Gila Bend today.

"When the river flows, it's a big deal," said Tempe resident Bev Rousculp, who watched the water rushing over the dam with her husband, Phil.

"This doesn't happen very often," he said. "It's on the map as a river, but it's seldom got water in it."

While Valley residents soaked in the sights, some unfortunate animals ran for their lives. As water gushed toward the lake's eastern dam, unsuspecting rabbits attempted to hop out of the way but some drowned in the rapidly swelling water.

"All of our fish and our beaver are probably living in Avondale," said a Tempe police spokesman, Sgt. Dan Masters.

Before the waters came, park rangers under the direction of the Tempe Police Department evacuated homeless people on both sides of Town Lake, Masters said.

No boating or canoeing is allowed on the lake. Ester said water would continue to run at a reduced rate through reservoirs along the Verde in anticipation of more rain early next week. That will mean a steady but slower flow through Town Lake that could increase again next week if forecasted rainfall adds water to Horseshoe and Bartlett lakes, he said.

Portions of Gilbert and McKellips roads that cross the Salt River were closed Thursday and will remain closed indefinitely.

During this week's storm, a large influx of tropical moisture led to the rain and runoff. The forecast for next week calls for more snow.

Ester is hoping for more rain in the eastern part of the state this time around that could fill the Salt River's reservoirs, including Roosevelt Lake, which has 1,140,000 acre feet available for water, unlike Horseshoe and Bartlett lakes.

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despite president george w bush telling them they are free iraqi dont have much to celebrate

http://www.azcentral.com/news/articles/0101iraq-year01.html

Iraqis somber at year's end
Many blame U.S. for heightened violence in 2004

Jackie Spinner
Washington Post
Jan. 1, 2005 12:00 AM

BAGHDAD - It was a year to forget.

Saleem Mata and his wife, Nada Romaya, spent the last hours of 2004 in a two-mile-long line waiting for gasoline because of a fuel shortage. A checkered blanket and a cooler filled with juice and sandwiches rested on the back seat of their car, a taxi that Mata drives every other day. On alternate days, he waits for gas.

"It was the worst year we have ever had," said Romaya, 24. "It was bad for everybody, the Iraqis and the Americans who lost their relatives in the war here." advertisement

For many Iraqis, the June 28 handover of political power by the U.S.-led occupation authority was nothing more than a date on the calendar, a moment to mark and then forget, lost in a brutal insurgency that has shown little mercy ever since.

Life became worse for most Iraqis in 2004. Suicide car bombings, gun battles, kidnappings, beheadings and assassinations killed thousands of people, sometimes more than a hundred on a single day.

"In 2004 we witnessed horrible events," said Ali Hasan Jawad, who sells building materials in Najaf, a holy city about 90 miles south of Baghdad, where hundreds of people were killed and whose center was destroyed in August during a three-week standoff between U.S. forces and fighters loyal to Muqtada al-Sadr, a rebellious Shiite Muslim cleric.

"Explosions, car bombs, mortars . . . kidnappings, assassinations in 2004, and we don't know what 2005 holds for us," he said. Jawad, his wife and five children had no plans for New Year's Eve.

"How could I celebrate the new year?" he asked. "What do I have to remember if I want to celebrate?"

No one could go out and about for New Year's Eve anyway because of a curfew prohibiting driving after 11 p.m.

In Baqouba, about 35 miles northeast of Baghdad, Uday Haider, 27, said his family had no plans for New Year's Eve.

"Nothing new will happen," he said. "We will stay at home and watch TV."

Haider blamed the Americans for the violence.

"I hope that by the coming year, the occupiers will leave in order to stop the disasters and the explosions, and that harmony and peace will be in this country," he said.

Ahmed Haidari, 11, who attends school in Baqouba, said he would pray for the fighting to end in the new year.

"We want to continue going to school without any fear because nowadays we feel afraid when we go to school," he said. "We always hear explosions. May God protect Iraq, and I hope peace will be achieved in my country."

Karim Wamidh, 54, an employee in the Ministry of Agriculture in Tikrit, about 90 miles north of Baghdad and the home town of the deposed Saddam Hussein, said he had high hopes for the country when 2004 began.

"We thought with the coming of the new year, we could have a new life, freedom, justice and security," he said. "But what happened during the year was very disappointing. A high level of unemployment, terrorism increased and poverty spread."

In the Karrada neighborhood in central Baghdad, Hajirsan Sanno, 51, shopped for presents at a gift shop. He said he would celebrate New Year's Eve at home with his family gathered around him, just as he had last year and the years before.

"The only difference is that before, Saddam was in power, and now he is not," Sanno said. "We are very happy he is gone."

But life is still not easy, Sanno said, particularly at night.

"When it gets dark, it is difficult to move around, and we can say all our life is dark now," he said. "There is no light."

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http://www.azcentral.com/news/articles/0101guantanamo01.html

Details emerge of Guantanamo torture

Neil A. Lewis
New York Times
Jan. 1, 2005 12:00 AM

WASHINGTON - Sometime after Mohammed al-Kahtani was imprisoned at Guantanamo around the beginning of 2003, military officials believed they had a prize on their hands: someone who was perhaps intended to have been a hijacker in the Sept. 11 plot.

But his interrogation was not yielding much, so they decided in the middle of 2003 to try a new tactic. Kahtani, a Saudi, was given a tranquilizer, put in sensory deprivation garb with blackened goggles, and hustled aboard a plane that was supposedly taking him to the Middle East.

After hours in the air, the plane landed back at Guantanamo, where he was not returned to the regular prison compound but put in an isolation cell in the naval base's brig. There, he was subjected to harsh interrogation procedures that he was encouraged to believe were being conducted by Egyptian national security operatives. advertisement

The account of Kahtani's treatment given to the New York Times recently by military intelligence officials and interrogators is the latest of several developments that have severely damaged the credibility of the military's longstanding public version of the way the detention and interrogation center at Guantanamo operated.

Interviews with former intelligence officers and interrogators by the Times provided new details and confirmed earlier accounts of inmates' being shackled for hours and left to soil themselves while exposed to blaring music or cats squealing. In addition, some may have been forcibly given enemas as punishment.

While all the detainees were threatened with harsh tactics if they did not cooperate, about one inmate in six was eventually subjected to those procedures, one former interrogator estimated. The interrogator said that when new interrogators arrived, they were told they had great flexibility in extracting information from detainees because the Geneva Conventions did not apply at the base.

Military officials have gone to great lengths to portray Guantanamo as a largely humane facility for several hundred prisoners, where the harshest sanctioned punishments consisted of isolation or taking away items like blankets, toothpaste, dessert or reading material.

Maj. Gen. Geoffrey Miller, who was the commander of the Guantanamo operation from November 2002 to March 2004, regularly told visiting members of Congress and journalists that the approach was designed to build trust between the detainee and his questioner.

"We are detaining these enemy combatants in a humane manner," he told reporters in March 2004. "Should our men or women be held in similar circumstances I would hope they would be treated in this manner."

In addition to the account of Kahtani's treatment, the new interviews provide details and confirm some of the accounts in other recent disclosures about procedures at Guantanamo: the November report that the International Committee of the Red Cross complained privately last summer to the U.S. government that the procedures at Guantanamo were "tantamount to torture" and memorandums from FBI officials, most of them released in December as part of a lawsuit brought by the American Civil Liberties Union.

Military officials who participated in the practices were quoted in the Times in October saying that prisoners were tormented by being chained to a low chair for hours with bright flashing lights in their eyes and audio tapes played loudly next to their ears, including songs by Lil' Kim and Rage Against the Machine and rap performances by Eminem.

The people who spoke about what they witnessed or whose duties made them aware of what was occurring said they had different reasons for granting interviews.

<#==#>

http://www.azcentral.com/news/articles/0101guantanamo01.html

Details emerge of Guantanamo torture

Neil A. Lewis
New York Times
Jan. 1, 2005 12:00 AM

WASHINGTON - Sometime after Mohammed al-Kahtani was imprisoned at Guantanamo around the beginning of 2003, military officials believed they had a prize on their hands: someone who was perhaps intended to have been a hijacker in the Sept. 11 plot.

But his interrogation was not yielding much, so they decided in the middle of 2003 to try a new tactic. Kahtani, a Saudi, was given a tranquilizer, put in sensory deprivation garb with blackened goggles, and hustled aboard a plane that was supposedly taking him to the Middle East.

After hours in the air, the plane landed back at Guantanamo, where he was not returned to the regular prison compound but put in an isolation cell in the naval base's brig. There, he was subjected to harsh interrogation procedures that he was encouraged to believe were being conducted by Egyptian national security operatives. advertisement

The account of Kahtani's treatment given to the New York Times recently by military intelligence officials and interrogators is the latest of several developments that have severely damaged the credibility of the military's longstanding public version of the way the detention and interrogation center at Guantanamo operated.

Interviews with former intelligence officers and interrogators by the Times provided new details and confirmed earlier accounts of inmates' being shackled for hours and left to soil themselves while exposed to blaring music or cats squealing. In addition, some may have been forcibly given enemas as punishment.

While all the detainees were threatened with harsh tactics if they did not cooperate, about one inmate in six was eventually subjected to those procedures, one former interrogator estimated. The interrogator said that when new interrogators arrived, they were told they had great flexibility in extracting information from detainees because the Geneva Conventions did not apply at the base.

Military officials have gone to great lengths to portray Guantanamo as a largely humane facility for several hundred prisoners, where the harshest sanctioned punishments consisted of isolation or taking away items like blankets, toothpaste, dessert or reading material.

Maj. Gen. Geoffrey Miller, who was the commander of the Guantanamo operation from November 2002 to March 2004, regularly told visiting members of Congress and journalists that the approach was designed to build trust between the detainee and his questioner.

"We are detaining these enemy combatants in a humane manner," he told reporters in March 2004. "Should our men or women be held in similar circumstances I would hope they would be treated in this manner."

In addition to the account of Kahtani's treatment, the new interviews provide details and confirm some of the accounts in other recent disclosures about procedures at Guantanamo: the November report that the International Committee of the Red Cross complained privately last summer to the U.S. government that the procedures at Guantanamo were "tantamount to torture" and memorandums from FBI officials, most of them released in December as part of a lawsuit brought by the American Civil Liberties Union.

Military officials who participated in the practices were quoted in the Times in October saying that prisoners were tormented by being chained to a low chair for hours with bright flashing lights in their eyes and audio tapes played loudly next to their ears, including songs by Lil' Kim and Rage Against the Machine and rap performances by Eminem.

The people who spoke about what they witnessed or whose duties made them aware of what was occurring said they had different reasons for granting interviews.

<#==#>

http://www.azcentral.com/news/articles/0101Comic01.html

Mexico publishes guide to assist border crossers

Chris Hawley
Republic Mexico City Bureau
Jan. 1, 2005 12:00 AM

MEXICO CITY - The Mexican government is giving out a colorful new comic book with advice for migrants, but immigration-control advocates worry that some of the tips may encourage illegal border crossers.

The 32-page book, The Guide for the Mexican Migrant, was published in December by Mexico's Foreign Ministry. Using simple language, the book offers safety information for border crossers, a primer on their legal rights and advice on living unobtrusively in the United States.

Dramatic drawings show undocumented immigrants wading into a river, running from the U.S. Border Patrol and crouching near a hole in a border fence. On other pages, they hike through a desert with rock formations reminiscent of Arizona and are caught by a stern-faced Border Patrol agent. advertisement

"This guide is intended to give you some practical advice that could be of use if you have made the difficult decision to seek new work opportunities outside your country," the book says.

But immigration-control groups questioned some of the guide's advice.

"This is more than just a wink and a nod," said Rick Oltman, Western field director for the Federation for American Immigration Reform. "This is so transparent, this is the Mexican government trying to protect its most valuable export, which is illegal migrants."

Book distribution
The book is being distributed as a free supplement to El Libro Vaquero, a popular cowboy comic book, in five Mexican states that send many migrants to the United States: Zacatecas, Michoacán, Puebla, Oaxaca and Jalisco. The government plans to print 1.5 million copies.

The book comes with a yellow disclaimer saying it does not promote undocumented immigration, and it repeatedly warns against crossing illegally. But it gives no information about the steps for seeking a U.S. visa.

Instead, it offers frank safety tips. In the section on crossing rivers, it notes, "Thick clothing increases your weight when wet, and this makes it difficult to swim or float."

On crossing the desert, it says, "Try to walk during times when the heat is not as intense" and says migrants should follow power lines or train tracks if they get lost.

The book warns migrants that they may have to walk for days to reach towns or roads in the desert and that they will not be able to carry enough water or food.

But it also shows a woman adding salt to a water bottle and advises, "Salt water helps you retain your body's liquids. Although you'll feel thirstier, if you drink water with salt the risk of dehydration is much lower."

Mexican authorities say they're just trying to keep migrants safe.

"We are not inviting them to cross, but we're doing everything we can to save lives," said Elizabeth García Mejía, chief coordinator for the Nogales, Sonora, section of Mexico's Grupo Beta migrant protection service.

Carlos Flores Vizcarra, Mexican consul general of Phoenix, said he had not seen the guide until a reporter showed it to him.

He said the guide appeared to be only the latest attempt by the Mexican government to warn migrants about the dangers of crossing the border without proper documentation.

The reality, however, is that many migrants will try to do so anyway, he said.

"This is nothing new. It's a way to put it in very simple terms so people will understand the risks," Flores Vizcarra said. "The intention is out of concern for human rights. People are doing it anyway. We cannot ignore that there is a very big migration between our two countries, and people who are coming to work need to understand the risks."

Mixed messages
Some migrants from Mexico who have crossed the border illegally in the past said the guide seems to send a mixed message.

"On the one hand they seem to be saying, 'Don't cross,' but on the other hand they are saying, 'Cross,' " Humberto Morales, 22, an undocumented immigrant from Oaxaca working as a day laborer in Phoenix, said after looking at a copy.

He doubts the guide will keep many people in Mexico from crossing illegally, but he said it could help save lives.

"We have lots of programs like this in Mexico, but people keep crossing," Morales said.

No official at the Foreign Ministry headquarters in Mexico City would agree to an interview about the comic book, despite repeated requests through the ministry's media relations office.

The book's pictures are drawn to match the style of El Libro Vaquero. They portray the migrants as strong and healthy men and women, wading into a river or walking through the desert.

One section of the book urges caution when dealing with immigrant smugglers, known as coyotes or polleros. It shows migrants climbing into the back of a tractor-trailer, a possible reference to the 19 migrants who died in Texas after being sealed in a tractor-trailer in May 2003.

On getting caught
Another section warns migrants not to lie to U.S. authorities or use false identification, and it gives instructions on what to do if caught by the Border Patrol.

"Don't throw stones or objects at the officer or patrol vehicles because this is considered a provocation," it says. "Raise your hands slowly so they see you are unarmed."

A picture shows a group of migrants running from a Border Patrol sport utility vehicle, though the text urges them not to flee.

"It's better to be detained a few hours and repatriated to Mexico than to get lost in the desert," it says.

Seven pages are devoted to migrants' legal rights after they are detained and another four to living peacefully in the United States.

"Avoid attracting attention, at least while you are arranging your stay or documents to live in the United States," it says. "The best formula is to not alter your routine of going from work to home."

The Arizona Republic faxed copies of the guide to the U.S. Border Patrol, FAIR and two groups that support stronger controls on immigration.

A Border Patrol spokesman said he does not think the book encourages illegal crossers.

"If they've already gone ahead and made that decision to cross illegally . . . then anything that helps protect lives is worth it," said Andy Adame, spokesman for the Border Patrol's Tucson sector.

Beyond protection
But the immigration-control groups said some of the advice goes beyond protecting migrants and, instead, encourages them.

"A lot of it is disclaimers, but then there's this part about if you're going to cross the desert, do it when the sun isn't so hot," said Mark Krikorian, executive director of the Washington-based Center for Immigration Studies. "It's a mixed message."

Said John Vincent, editor of a newsletter published by Virginia-based Americans for Immigration Control: "It really looks like the Mexican government is encouraging illegal immigration. It shows the contempt that the Mexican government has for our laws."

The Mexican government produces a similar book aimed at Central American immigrants who try to enter Mexico illegally. The book covers much of the same information about legal rights and repeats many of the warnings. It even shows a group of migrants struggling to breathe inside a truck.

But that book doesn't give the same kind of safety tips on crossing the border or advise immigrants on how to live peacefully in Mexico.

Reporter Daniel Gonzalez contributed to this article.

Reach the reporter at chris.hawley@arizonarepublic.com

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http://www.azcentral.com/arizonarepublic/local/articles/1231neaudit31.html

Audit: Police should store evidence better

Holly Johnson
The Arizona Republic
Dec. 31, 2004 12:00 AM

SCOTTSDALE - Scottsdale police need to find a better way to systematically enter and store evidence, a recent city audit found.

The 99-page report found that the department failed to properly dispose of impounded property, money and firearms.

Several recommendations can't be addressed until city ordinances are changed, Chief Alan Rodbell said. But the department has already remedied some of the issues outlined by City Auditor Cheryl Barcala. advertisement

"We've put together a very aggressive schedule to meet every one of those 29 recommendations," Rodbell said.

Some of the recommendations include changing the way invoices for impounded property are prepared, identifying and disposing of items dating to the late 1980s and developing a database for managing impounded property.

The audit found that computerized and written documentation of impounded property does not accurately reflect whether that property has been released or destroyed. Some items in police possession may not be accounted for, and it's unknown how many pieces of unneeded evidence are in the department's possession.

Often, property held has exceeded by decades the holding period required by law.

State law dictates that officers submitting property to the unit must fill out a receipt of issue, but Scottsdale does not require that paperwork.

The audit recommends police create a streamlined method of preparing invoices and ensure efficient processing. Police expect that to be completed by April.

"This is basically housekeeping," Barcala said. "They need to undertake, first off, a systematic process to review the property they have and determine what can be disposed of."

The report marks the first time the city has audited the Police Department's property unit.

"I welcome audits," Rodbell said. "This is a way of coming in and looking at how we can operate more efficiently. The encouraging thing is they didn't find anything mishandled or lost for court purposes. Nothing was destroyed that shouldn't have been. We don't have employees taking items and using them for their own use."

Rodbell said the volume of property seized by police makes it difficult for the understaffed property unit to get to old evidence.

"We clearly work with a large number of cases where new stuff comes in, and we don't prioritize getting rid of the old stuff," he said. "You have a lot coming in that has to be processed, and little time is spent getting rid of the old stuff."

Reach the reporter at holly. johnson@arizonarepublic.com.

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http://www.azcentral.com/news/articles/1231iraq-gas31.html

U.S. to reissue legal memo on torture

Curt Anderson
Associated Press
Dec. 31, 2004 12:00 AM

WASHINGTON - The Justice Department is issuing a rewritten legal memo on the meaning of torture, backing away from its own assertions before the Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."

The 17-page document states flatly that torture violates U.S. and international law and omits two of the most controversial assertions made in now-disavowed 2002 Justice Department documents: that President Bush, as commander in chief in wartime, had authority superseding U.S. anti-torture laws and that U.S. personnel had several legal defenses against criminal liability in such cases.

"Consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture," said the memo from Daniel Levin, acting chief of the Office of Legal Counsel, to Deputy Attorney General James Comey. advertisement

Critics in Congress and many legal experts say the original documents set up a legal framework that led to abuses at the Abu Ghraib prison in Iraq, in Afghanistan and at the U.S. prison camp for terror suspects at Guantanamo Bay, Cuba. After the Iraqi prison abuses came to light, the Justice Department in June disavowed its previous legal reasoning and set to work on the replacement document to be released today.

The Justice memo, dated Thursday, was being released less than a week before the Senate Judiciary Committee was to consider Bush's nomination of his chief White House counsel, Alberto Gonzales, to replace John Ashcroft as attorney general.

Democrats have said they will question Gonzales on memos he wrote that were similar to the now-disavowed documents that critics said appeared to justify torture.

The release also coincided with continuing revelations of possible detainee abuse, most recently a series of memos from FBI agents uncovered in an American Civil Liberties Union lawsuit alleging instances of Defense Department wrongdoing during a variety of interrogations.

The new memo sets a far different tone: "Torture is abhorrent both to American law and values and to international norms."

<#==#>

http://www.azcentral.com/arizonarepublic/local/articles/1231phxbriefs31.html

Phoenix news briefs

Dec. 31, 2004 12:00 AM

Officer shot by wife resigns from force

PHOENIX - A Phoenix police detective who was shot by his wife this week, then arrested on charges he assaulted her, has resigned.

Detective Billy Soza, 53, submitted his resignation Wednesday from a Maricopa County jail where he is being held, police said.

Soza's wife told police she shot him Monday night in self-defense after Soza held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day. Pamela Soza, 44, reportedly said her husband had been beating her for the past 20 years and that he wanted to kill her. She was not arrested.

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more on phoenix police beating captured by news 12 video

http://www.azcentral.com/news/articles/0101inmate01.html

Scuffle brings on inquiry
Assault by police claimed

David J. Cieslak
The Arizona Republic
Jan. 1, 2005 12:00 AM

A 22-year-old man involved in a scuffle in November with Phoenix police believes he's permanently disabled from the incident and said the officers should face assault charges for their actions.

Jaime Jimenez-Espinoza, a Mexican national charged with attacking a pregnant woman near 43rd Avenue and McDowell Road, said he was embarrassed by the altercation with the officers and has nightmares about it. The Nov. 23 scuffle was captured on videotape by a 12 News crew in the station's helicopter.

"I guarantee you, if I hit one of them, they would punish me," Jimenez-Espinoza said through a translator during an interview at the county's Durango Jail. "The police should learn from this so they don't do this again."

Phoenix police have launched two investigations, a criminal probe and an internal review, into the officers' conduct during the scuffle, said Sgt. Randy Force, a police spokesman. Once completed, the criminal investigation will be forwarded to the Maricopa County Attorney's Office, where prosecutors will decide whether to charge the officers.

"We're well aware that the officers' actions caused concern not only within the community but within the Police Department," Force said Thursday night. "If the County Attorney's Office believes these officers broke the law, it'll be up to them to take action."

The altercation occurred after Jimenez-Espinoza bolted from a car following a pursuit through west Phoenix. The married father of a 1-year-old boy said he ran from police because he feared immigration officials would deport him if he was arrested.

Police chased Jimenez-Espinoza after he reportedly robbed and assaulted a pregnant woman, then forced her into a vehicle at gunpoint. The woman was not seriously injured, authorities said.

Jimenez-Espinoza was charged with kidnapping, armed robbery and assault in connection with the incident. He declined to discuss the events leading up to the scuffle with authorities, saying only that he met the woman earlier in the day and he believes her testimony will exonerate him.

After a brief foot pursuit, Jimenez-Espinoza said he was surrendering and had his hands in the air when the altercation began. The 12 News footage shows Jimenez-Espinoza was handcuffed through most of the scuffle.

Among the actions shown on the unedited tape:

• Officer Steven Huddleston, 31, lunges at Jimenez-Espinoza, who was facing a wall and did not appear to be resisting.

• Once Jimenez-Espinoza is on the ground, an officer strikes him twice in the torso with his hand. Police then drag the suspect in the dirt before an officer places a foot on his midsection.

• Officer Thomas Beck, 32, talks to Jimenez-Espinoza with his fist on the man's head and neck, clearly placing a large amount of weight on him.

• The officers roll Jimenez-Espinoza onto his back and begin searching his pockets. A short time later, Beck punches him in the groin. They flip him back over and Huddleston stands on the back of Jimenez-Espinoza's left knee for a few seconds.

• As police walk the suspect to a patrol car, Huddleston strikes Jimenez-Espinoza's face with his elbow.

Jimenez-Espinoza, who said he has not met with an attorney since his initial court appearance three weeks ago, believes his feet were damaged in the scuffle and claims he has recurring pain in his head and back. He said he's considering legal action against the city.

"They were abusing me. I was defenseless there," said Jimenez-Espinoza, who claims officers were shouting racial slurs as they struck him. "I was just thinking everything should have been fine, but they were beating me up a lot. They just kept hitting me."

Photographer Carlos Chavez contributed to this article.

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Will Rick Romly demand that this happen in Arizona when he runs for governor????

http://www.kansascity.com/mld/kansascity/news/consumer_news/10544136.htm?1c

Posted on Sat, Jan. 01, 2005

Saudi Arabia Beheads Pakistani, Iraqi Men

Associated Press

RIYADH, Saudi Arabia - Two men, a Pakistani and an Iraqi, were beheaded Saturday for smuggling drugs into Saudi Arabia, the Saudi Interior Ministry announced.

The Pakistani, Mohammed Amin Abdullah Jan, was convicted of smuggling an undisclosed amount of heroin into the kingdom and was beheaded in the Red Sea port city of Jiddah, the ministry statement said.

Mattar bin Hussein bin Bakhit al-Khazaali, an Iraqi, was convicted of smuggling hashish into the kingdom and was beheaded in the northern town of Arar, close to the Iraqi border, according to the ministry.

Al-Khazaali is the second Iraqi to be executed in this border town in the past 10 days. Qaied bin Kamal bin Mohammed al-Zayadi, an Iraqi, was convicted of smuggling an undisclosed quantity of hashish into the kingdom and was beheaded in Arar on Dec. 22.

At least 35 people were beheaded in the kingdom in 2004 compared with 52 people in 2003, most of whom were convicted of drug smuggling.

Saudi Arabia follows a strict interpretation of Islam under which people convicted of drug trafficking, murder, rape and armed robbery can be executed. Beheadings are carried out with a sword in public.

<#==#>

http://www.nytimes.com/2005/01/02/international/asia/02afghan.html?oref=login

Armed and Elusive, Afghan Drug Dealers Roam Free
By CARLOTTA GALL

Published: January 2, 2005

ARANJ, Afghanistan - Seen from the air, the Margo desert, which sprawls across the far southwestern corner of Afghanistan toward the borders with Iran and Pakistan, is traced with white car tracks.

With its forbidding reputation as the "desert of death," it deters most travelers but is the favored route of drug traffickers taking opium, heroin and hashish produced in Afghanistan to Iran for smuggling to Turkey and Europe. They cross in armed convoys of 10 to 20 pickup trucks, at such high speed that police officials say they cannot catch them.

"The smugglers know the desert very well," said the police chief of Nimruz Province, who goes by one name, Asadullah. "They have very powerful cars, Land Cruisers that go at 250 kilometers an hour," he said. That is more than 150 miles an hour. The desert is so smooth that the drivers can indeed move at high speeds. The 300-mile border that Nimruz Province shares with Pakistan and Iran is wide open for them, he added.

The desert crossing is part of a lucrative drug trade that threatens to turn Afghanistan into a narco-mafia state, United Nations and Afghan officials warn. Afghanistan, the biggest producer of opium in the world, is now the source of 90 percent of the heroin on Europe's streets, the United Nations antidrug agency says.

Although farmers all over Afghanistan have been turning to poppy cultivation - causing such farming to increase by 60 percent in 2004 - they often remain impoverished, while big profits are being made by the dealers and traffickers, they say.

Drugs leave Afghanistan by three main routes: from the northeast into Tajikistan and on to Russia; into Pakistan and its ports, and westward across the desert into Iran.

Of the three, this corner of Afghanistan, where Baluch tribesmen have survived by banditry and smuggling for centuries and tend not to recognize national boundaries, is perhaps the most notorious.

At the remote point where Pakistan, Afghanistan and Iran meet, American Special Forces swooped down on a camel train in search of Osama bin Laden, or his son Saad bin Laden, in March 2003 after intercepting a satellite telephone call from the younger man. But the train turned out to be ordinary smugglers, a Pakistani official in Afghanistan said at the time.

The profits from trafficking are easy to see here in this dust-blown, arid town on the border with Iran. Farmers have been ruined by a seven-year drought, and townspeople have to fetch their drinking water in plastic containers from public taps, but lavish villas, decorated with colored tiles and mirrored glass, are being built.

"That house belongs to a drug smuggler," said Ghulam Ghous Sistani, the chief of the counternarcotics team in Nimruz, pointing to one new white villa as he drove through the town. He showed half a dozen more, naming the owners each time. One also owned a hotel in the capital, Kabul, he said. The fancy houses have gone up just in the last year, indicating a confidence among drug smugglers that they can buy land and build freely in Afghanistan these days.

But however well known the big drug bosses are, the police have little hope of proving their suspicions. "Without proof we cannot arrest anyone," said Asadullah, the police chief. "If we do, we will be punished."

Catching even the couriers is extremely difficult, Mr. Sistani said. "They go straight through the desert to the border," he said. "They have rocket launchers and machine guns. We don't have the power to fight them."

Just 10 days earlier, Mr. Sistani was on patrol in the desert when he spotted a drug convoy. "I was in my own car," he said. "They were in six cars, with about 15 to 20 armed men. They saw us but they were not scared of us."

"We have no vehicles, no radios," he said. "No one helps us. Fighting smugglers is very serious. We should have 15 fast cars, weapons, satellite telephones, otherwise we cannot fight them.

"When I get invited to meetings in Kabul, they always say Nimruz is the place of smuggling, and I say, 'How can we stop it?' "

The scale of the problem and the deadly seriousness of the smugglers have been confirmed by the Iranian authorities and the United Nations. Iran has lost more than 3,000 police officers battling the drug smugglers in the last 10 years, Muhammad R. Bahrami, Iran's ambassador to Afghanistan, said in a recent interview. In an effort to improve Afghan border control, Iran is building and equipping 25 border checkpoints for the Afghan authorities along their common border, and has donated 100 motorbikes to the Afghan police.

In Vienna, Antonio Maria Costa, executive director of the United Nations Office on Drugs and Crime, who detailed the scale of the Afghan narcotics trade in a report last month, said Iranian intelligence had shown him pictures of a drug convoy of more than 60 vehicles with armed protection making the crossing from Afghanistan to Iran in September 2003.

The Afghan police said tough paramilitary policing by Iran, including aerial bombing and dropping troops in by helicopter to intercept smugglers, had forced the smugglers to reduce the scale of the convoys and even to revert to camel trains. The Iranian police in the central town of Nain recently caught smugglers transporting camels and found drugs in the stomachs of the camels after slaughtering them, the official news agency, IRNA, reported last month.

The Afghan police have seized some drugs, but Mr. Sistani said they were catching people only at the lower end of the smuggling operation. Inside a sealed metal shipping container at the police station, he showed off more than 1,200 pounds of confiscated heroin, opium and hashish, as well as a small stove used for processing morphine.

"We caught these on donkeys, camels and motorbikes," he said. "The rule is the same the world over, they dump the drugs and run away." Some of the camel and donkey trains are left to make their own way across the border so the police capture the contraband but no people, he said.

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http://www.nytimes.com/2005/01/02/national/02listen.html

Court Tells Los Angeles City Council to Listen
By THE ASSOCIATED PRESS

Published: January 2, 2005

OS ANGELES, Jan. 1 - During public hearings, members of the City Council talk on cellphones, chat among themselves, read mail or wander around the room.

A state appeals court says they should be doing something else: listening to the people in front of them.

Ruling on a lawsuit brought by the owners of a strip club, the Second District Court of Appeal said that the 15-member Council acts as a quasi-judicial body when it holds hearings and has a legal duty to pay attention to testimony - or risk violating citizens' due process.

Constituents have a right to "courteous treatment," the three-judge panel wrote in a decision released on Thursday.

The city has not yet said whether it will appeal, but some legal experts predict the decision will stand.

"They're acting a little like judges, and because they are acting like judges, they have to be judicial in the way they act," said Jonathan Zasloff, a law professor at the University of California, Los Angeles.

The ruling came in a suit brought by the owners of the Blue Zebra, a strip club in East Los Angeles that wanted to extend its hours past the 2 a.m. closing time.

The Blue Zebra's lawyer, Roger Jon Diamond, made a videotape of the June 13, 2003, public hearing because he believed he would get little attention from the Council.

At the strip club hearing - which also was Hawaiian Shirt Day for the Council - few of the brightly dressed members appeared to pay attention. One paced behind his chair, deep in a cellphone conversation; three huddled in conversation; another strolled about the room.

Afterward, the Council voted unanimously against extending the Blue Zebra's hours.

The appeals court judges dismissed the city's argument that the hearing was fair because the council members gave equal treatment to everyone involved in the strip club debate.

Both sides "had the right to be equally heard, not equally ignored," they wrote, ordering the Council to hold a new hearing.

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Stuff

Tabs

Spaces

Spaces and tabs

End of stinking test of spaces and tabs

<#==#>

testing of &amp; and &gt; and &lt; :) wonder what those
are??? learn html :)

a bunch of amps

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

a bunch of <

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

a bunch of >

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

some html which SHOULDNT get translated :)
<p>
<hr>
<br>
<i>iiiiii</i>
<b>bbbbbb</b>
<ul>
<li>list 1
<li>list 2
</ul>
<html>
</html>

end of stinking html test
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