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Posts Tagged ‘lawyer’

You may have heard about the plight of a small delta town called Jericho and its assistant fire chief Don Payne. It’s had a few mentions on the news networks and a couple appearances on the AP feed … and I dedicated a post to the story a couple weeks back (Holy Jericho).

For a quick re-cap of events: while in a court hearing over a traffic ticket issued to his son, Don Payne and at least one member of the Jericho Police Department got in an argument stemming from illegal traffic tickets issued to Payne and other residents of Jericho. A scuffle ensued and Payne was shot in the hip by Officer Eric Pharr of the Jericho Police Department. He was hospitalized in Memphis and underwent a five-hour surgery to remove the .40 caliber bullet which had lodged in his hip bone. He was recently released in good health but still requires the use crutches. Following the shooting, Jericho Police Chief Willie Frazier temporarily disbanded the police force and the entire department remains under investigation.

But no charges have been filed against Officer Eric Pharr, who fired on an unarmed Don Payne in front of six other police officers and presiding judge Tonya Alexander (who quickly resigned her post). The Crittenden County Sheriff’s Office, which began investigating other questionable Jericho police acts, has reported no progress in the investigation and has shared little of the information collected about the courtroom incident.

Unfortunately, a gunshot wound was only the beginning for Mr. Payne. Days after being released from the hospital, Jericho Mayor Helen Adams officially dismissed him as assistant fire chief. “As it comes to my attention of the improper behavior that you displayed,” she wrote in his letter of termination. “You have disgrace my name as Mayor.” And to top it off, arrest warrants were issued for his arrest. Let me repeat that: the police issued warrants for the arrest of Don Payne after he was shot by a police officer during court proceedings about the legality of the police department’s actions.

And Officer Pharr, who wounded another officer in the shooting, has not received so much as a reprimand. In fact, he’s back on the beat, writing tickets and patrolling the city as usual. Despite Police Chief Frazier’s promise to disband the police force until the investigation was completed, the department re-assembled after little more than a week apart and resumed their “duties.”

The decision not to prosecute Officer Pharr apparently fell to West Memphis City Prosecutor Lindsey Fairley, who supported the officers’ right to detain the former assistant fire chief. Apparently by whatever means necessary. It was also Fairley who decided to levy the charges on Don Payne. The charges – two counts of felony battery – allege that Payne assaulted Police Chief Willie Frazier by shoving him backward, and then reached for Officer Eric Pharr’s weapon. Which Payne vehemently denies. Thomas Martin, the chief investigator for the Crittenden County Sheriff’s Department heading up the on-going investigation of Jericho’s police force, confirmed not only that the warrants had been issued but that the police claimed Don Payne was reaching for Eric Pharr’s weapon when he was shot. Early reports noted that the bullet struck Don Payne from behind, which was corroborated in the wound as seen in this video (at the :30 mark). But that angle of approach would make reaching for the pistol improbable if not impossible, a particular of the case that no one in authority has yet commented on.

And although the arrest warrants have been issued, they have not been served. Jericho police are back on the streets and are clearly aware of Don Payne’s residence but have made no attempt to take him into custody. “I’m sitting right here just waiting,” Mr. Payne shared from his front porch during a short interview with one Memphis reporter. “I’m not a fugitive.”

Randy Fishman, of the Memphis law firm Ballin Ballin and Fishman, was secured as Don Payne’s legal counsel shortly after the shooting and maintains that the police were not acting in the public’s best interest. “I think an officer should be trained in not only how a weapon should be used but when a weapon should be used,” Mr. Fishman said. He reiterated that pulling a pistol on an unarmed civilian surrounded by police showed poor judgement, and that firing it was negligent at best. “If anyone should be charged with a felony here, it should start with the officer who pulled the gun.” He has also stated that they are prepared to fight any charges arising from this unfortunate circumstance.

And though he is no longer Jericho’s assistant fire chief, the rest of the Volunteer Fire Department fully support him. All 19 members quit the department en masse on hearing of Payne’s dismissal.

On September 9th, the mayor and city council had a “secret meeting” but none will speak to the press about that meeting, the incident, or even the original allegations of police corruption in Jericho. Various reporters have attempted to speak with city officials but met stiff opposition, including a police response.

With a bit of digging, I unearthed the phone number of Jericho City Hall and repeatedly rang it myself … to no avail. The same was true of the Crittenden County Sheriff’s Office. (I hate to think if I lived in the county and tried to ring their offices with an actual problem.) But I take this as a good sign. Because if they aren’t talking, it means they are concerned, and if they are concerned then – just maybe – they have something be concerned about.

I intend to follow this case and update on it when news becomes available. And in the meantime, godspeed to Mr. Payne and Mr. Fishman.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Related articles and information:

CBS News

Memphis ABC News

KAIT 8 short and video

Original AP article

Payne’s Wife Speaks

Jonathan Turley’s Blog

Jericho City Hall Phone Number: 870-739-3884

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Amber Waves of Gain

Let me preface this statistic-rich post by noting the following: 1) most of these numbers were derived from two online sources, so if they were incorrect then I am also; and 2) if you are caught genuinely breaking a law, you deserve to be fined, ticketed, booted, or otherwise reprimanded as defined by local law (with a few exceptions, which may or may not be discussed below). Now, on to the good stuff (it’s long, but it’s worth it).

If the preface didn’t spill the beans, let me do it here by stating that this is a post about our city governments and parking violations.

For instance, in the 2007-2008 fiscal year, New York City brought in revenues of $624 million from parking infractions alone. Since Mayor Michael Bloomberg took office in 2001, the city has hired nearly 800 new “traffic enforcement agents” to help maximize this revenue opportunity, and 200 of those new agents were hired this year. These agents write, on average, 40 tickets per shift (according to an MSNBC news article), which equates to roughly 40,000 new tickets written every week. If the amount fined averaged $20 per ticket, that’s an additional $800,000 every week, per shift, for the city’s piggy bank. Not bad, eh? And that doesn’t account for extremes, like the super-agent who wrote 227 tickets in a 5-hour period on Black Friday 2007, when 41,000 citations were issued across the city in one day.

Boston visitors and residents face a rise in fines, a 75% increase on parking more than a foot from the curb and an increase of more than 112% for parking on a crosswalk. In similar fashion, Sacremento tacked an $8 surcharge onto its parking fines with the express intention of collecting an extra $1.5 million … or more … to ease a budgetary shortfall. Meanwhile, Seattle implemented a camera ticketing system which issued 58,000 tickets in its first three months, totaling some $5 million in fines to be collected. And last year in Colorado, Denver’s ticket revenues jumped $4 million, to a total $20 million from parking violations. Is it me or does this seem a bit extreme?

In cities like Louisville, Kentucky, a minimum of two outstanding parking violations will get your car booted. Boots are usually removed by police at their discretion … after you pay your fines, of course. But if you’re in a hurry and happen to be in Montgomery County, Maryland (just outside Washington, D.C.) or in Baltimore, you can use your cell phone to unlock the boot … after paying your fines … and a $115 fee, apparently for the convenience of a quick de-booting. (The system isn’t confined to Maryland; it is used in a dozen cities, including New Orleans.)

Some cities have begun using a camera-equipped system that allows meter agents to drive at normal speeds and simultaneously scan license plates for outstanding parking violations. Nifty, huh? Nab two birds with one stone and boot previous violators for extra money even if they are currently legally parked. But that’s just the beginning. Have you heard about the new parking meters in production? They text message local police as soon as your flag goes up. (Better hope there’s not a meter agent in the area.) And several large cities have issued electronic ticketing machines to their agents, allowing them to ticket 30% faster. Oh good, their antiquated tools and multi-million dollar annual revenues had me concerned about reduced productivity. Whew. That’s a real load off my mind.

One New Yorker said he’s seen drivers get ticketed for double-parking while waiting for someone to pull out of a space on the street, an almost universally accepted act especially common in areas of concentrated population and limited parking. In a similar stretch of the law, an attorney was ticketed for parking “somewhere between one second and 59 seconds too soon” in an alternate-side violation. He fought the ticket and won; the citation was dismissed by a judge. Which brings us to a whole new sub-topic: how many of these charges are legitimate?

In the Bronx, a dozen residents accused a traffic agent of falsely citing them for double-parking, some arguing they were not even in the United States when the tickets were issued (at the time of the article, no charges had been filed against the agent, who the city defended and who remained on duty). A retired Navy veteran said he was ticketed while dropping off his wife in a bus zone. One reader commented that he was sent a parking ticket, complete with late penalties, without having been in the city for twenty years. (Despite the two decade absence, ownership of a vehicle that did not remotely resemble the ticketed car, and a letter he sent to authorities with a copy of his registration, the ticket is unresolved.)

Another reader said, “the New York City parking signs have purposely been made so confusing that even police officers cannot tell you if it is okay to park.” He went on to note that many signs were damaged, illegible, or missing altogether but agents still ticketed in the effected areas. In some areas, he also shared, “we have Muni-meters, where you have to park your car then walk to the meter several yards away to buy a receipt…to place in the windshield. Meter people will watch you walk to the meter and give you a ticket before you can get back to the car with the receipt. This is NYC government-sanctioned mugging.” Posters from other cities shared stories of similar abuses and I have no doubt that thousands more could easily be included, everything from unlawful ticketing and conspiracy to purposefully mass-ticket all the way to outright harrassment.

And not just in New York City. People from Columbus, Ohio, and Santa Monica, California, share the same stories, as do citizens from Fort Worth, Texas, and Portland, Oregon. Obviously, these are not isolated incidents but a general trend among cities with the primary goal of raising funds. By any means necessary. Chicago, Atlanta, Denver, it makes no difference, and the more tickets written, bogus or otherwise, the more revenues will increase. (For a disgustingly blatant example, visit my previous post, “Holy Jericho”.)

I will take this opportunity to reiterate that those legitimately breaking the law deserve to be fined … but only those breaking the law, and they should not be fined unreasonable amounts.

I’ve had three parking tickets over the years and I paid every one of them without complaint. Even though the last two were tenuously legal at best, I paid, took my receipt, and walked away without a word. Because it wasn’t worth fighting. For $40 I retained the ability to work a full schedule instead of missing days to fight the tickets in court. I retained anonymity and did not bring down the wrath of meter maids and law enforcement everywhere I went. (If you think that’s not important, you’ve never lived in a smaller town.) I avoided the costly unpleasantness of hiring a lawyer. I learned when and where I could push the law, and when and where I couldn’t. I learned that legality has absolutely nothing to do with decency, common sense, or common courtesy. And all for the low low price of only $40.

I’m not denouncing parking tickets. I am denouncing the growing practice of manufacturing falsities and extorting money out of a populace to fund government greed and idiocy. And so should you. It makes me wonder … what else are they falsely accusing us of? How many innocent people are being ruined by similar practices in other disciplines? Like taxes, for example. If the IRS came calling, could you prove your financial statements to their specifications? There is no statute of limitations; what if they ask for files from a decade ago, or two? Or how about the Department of Homeland Security accusing you of terrorist activity, seizing your property, and denying you trial? It’s perfectly legal and they can sell any seized property for profit without ever formally charging you. Local police have the same authority for drug-related activities and can gleen millions annually from the sales of seized items. Why? The short answer is money. But, really, is that all? Is that why are our freedoms are being pared down to nothing while government payrolls balloon and hoover up any dollar they can find?

These are questions we should be asking.
These are questions we should be asking every day, because this country is feeling less and less like ours.

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Well, the season of brotherly love has ended. Call me a pessimist, a cynic, a curmudgeon (all true), but a few days ago I got a call that punctured the bright balloon of Christmas delusion and ushered the real world back in. Criminals posing as lawyers, bankers, judges, and friends victimized my neighbor’s step-mom. She wasn’t the first. I watched the same thing happen roughly ten years ago to another neighbor and the similarities are sickening.

Both were older widows well past retirement; both owned their homes, a small parcel of land, and had several thousand in savings; both were “be-friended” by wealthy couples who wanted to “take care” of the women; both women signed all manner of papers they did not understand; both women died suddenly and unexpectedly with all their worldly possessions and belongings deeded to the wealthy couples who “befriended” them.

It sounds fake. A crummy sub-plot in a soap opera or B-movie. But I’ve seen it myself and know it’s real and true and still happening. The latest victim, we’ll call her Ruth for the sake of anonymity, had no blood family and only a few ties by marriage, step-children who never cared much for her. Only one even bothered to remain in contact with her (my neighbor). When she told him about the wealthy couple offering to make sure she was cared for, he was suspicious, but she was convinced they were good people and began signing the papers they put in front of her. A power of attorney in case she suddenly fell ill; access to her bank accounts and savings to make sure her bills were paid; and among the god knows what else they slid under her pen, more powers of attorney and a deed for her house and property. She signed them all. By the time she began questioning their motives, she was falling ill and had nothing left in her name.

Even so, she had the first power of attorney revoked and asked her step-son (my neighbor) for help to get them out of her life. She told him what she knew (though nothing of the secondary powers of attorney or deed, which she apparently never knew she signed) and he helped her take the couple’s names off her bank accounts that very day. The very next day, a new power of attorney was filed in the courthouse and the couple claimed her bank accounts again; it so happened that they had friends in the bank and the courthouse keeping them abreast of any changes. Before she could reverse it again, Ruth had a small stroke and went into the hospital. While there she was declared incompetent due to dementia. My neighbor admitted she had been getting worse during the last few months but did not think she was anywhere near incompetent. At any rate, she was soon sent home under the care of the wealthy couple.

My neighbor was called away on business but had his wife call every few days to check on Ruth. Ruth herself rarely answered but one of the couple often did. They assured the wife that Ruth was fine and they were taking care of her. When my neighbor returned he went to check on her and found her alone in her house, dirty, ill, and unresponsive. He called 911 and she was taken to the hospital. There, they said she was dehydrated, suffering from massive organ failure, and had not eaten in days. She died within a few days, having never truly regained consciousness. She was in the ground within 36 hours.

My neighbor is speaking with attorneys to see what his options are. They aren’t encouraging. The wealthy couple are “upstanding pillars of the community” with the man (and mastermind) a deacon in the church, an ex-judge, and a practicing attorney himself. His brother works in a major bank in the area. His years in the courthouse and law office provided him plenty of contacts but he also had fingers in real estate agencies, which came in awfully handy in tracking down new blood. It so happened a partner in one of those real estate agencies was the man behind the crimes perpetrated against my other neighbor. He’s also high in the church, has close ties with the courthouse, and has two sons in the state police.

How very, very convenient for them both.

I wish my neighbor luck but hold little hope for him. Who knows how deep their influences run, but from past dealings I can tell you they pull some strings all the way to the state capitol. And they certainly have deeper pockets and more legal experience to defend themselves than my neighbor could possibly raise to attack them. It’s just another example of our wonderful justice system and those who use it.

All I can say is, watch your back.

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