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Deals and Steals at Charleston Place in South Carolina
May 17, 2012
By: Oksana Balytsky
We at Five Star Alliance know that you, our loyal travelers, are in search of luxurious accommodations at the best prices available, so we go above and beyond to find the best promotional packages and specials to ensure you get the most from your hotel experience. We're thrilled to introduce our newest blog series where we'll be featuring luxury hotels that offer you more than just room-only rates. Whether you're traveling on business or pleasure, we certainly have something for you, so be sure to check in with us often to get the inside scoop on the best deals and packages available at luxury hotels all over the world!
Charleston Place is a charming luxury hotel located in the heart of the historic district on King Street in the beautiful town of Charleston, South Carolina. Its Italian marble lobby and signature Georgian open arm staircase evoke the feeling of a grand 17th century residence, providing guests with stunning and luxurious accommodations and amenities. Its 435 beautiful rooms and suites, award winning dining options at the Palmetto Café and Charleston Grill, and its full service spa with rooftop indoor and outdoor pool and Jacuzzi all contribute to make this one of the finest hotels in Charleston! Be sure to check out the following packages and deals to make the most out of your trip to this beautiful southern town!
75 Credit Summer Savings Package
Looking to get the most out of your summer family vacation? Check out this package which includes luxury accommodations, a Passport to Savings book worth $75 to be used towards the Spa, restaurants, and bars, and children ages 12 and under eat for free when dining with a paying adult.
Breakfast and Valet Parking Package
Perfect for the business traveler, this package includes luxury accommodations, daily a la carte breakfast for 2 in the Palmetto Café (to the value of $40 per room), valet parking for one car, complimentary wireless internet access, and a daily newspaper.
Continental Breakfast Grill Gourmet Package
This is the ideal package for a romantic getaway, and it includes luxury accommodations, one dinner for 2 at the Charleston Grill (to the value of $120 per room, per stay), one Continental Breakfast for 2 at the Palmetto Café, sparkling wine, and a special amenity, complimentary wireless internet access, and a daily newspaper.
115 Credit Spa Experience Package
Perfect for a relaxing retreat, this package includes luxurious accommodations, $115 spa credit per room, per day for use in the Charleston Place Spa, complimentary wireless internet access, and a daily newspaper.
Condé Nast Traveler Gold List 2012: Armani Hotel Dubai
May 7, 2012
By: Oksana Balytsky
We understand that no one aims to come in second place; there is no recognition for mediocrity. We at Five Star Alliance understand better than anyone the importance of offering the most luxurious resorts in the world, so we notice what's going on in the industry, and it matters to us, because it matters to you. We work hard to offer you the best in the industry, and we'd like to welcome you to our second blog series where we feature the best and most luxurious resorts in the world. But don't take our word for it. These resorts have been recognized as the best in the business and have made the prestigious Condé Nast Traveler Gold List 2012.
The Condé Nast Traveler Gold List 2012 is the eighth of their annual lists, and the hotels chosen by their team of editors and experts are the best for service, food, location, rooms, leisure facilities, ambiance and design.
The Armani Hotel Dubai is featured on the Gold List 2012: Best for rooms. This luxury hotel soars high above downtown Dubai in the beautiful Burj Khalifa, the world's tallest tower. This is the first hotel designed and developed by Giorgio Armani, and it reflects the pure elegance, simplicity, and comfort that define Armani's signature style. Every detail in the hotel's 160 luxurious rooms bears the Armani signature, from the Italian-style hospitality to stone floors to the zebrawood panels. Every guest is appointed a Lifestyle Manager to guide him/her around the hotel's impressive facilities including a nightclub, 7 restaurants, a spa, and several boutiques.
Check rates, availability, photos and more at the Armani Hotel Dubai here!
Deals and Steals at the St. Regis Grand Rome in Italy
May 3, 2012
By: Oksana Balytsky
We at Five Star Alliance know that you, our loyal travelers, are in search of luxurious accommodations at the best prices available, so we go above and beyond to find the best promotional packages and specials to ensure you get the most from your hotel experience. We're thrilled to introduce our newest blog series where we'll be featuring luxury hotels that offer you more than just room-only rates. Whether you're traveling on business or pleasure, we certainly have something for you, so be sure to check in with us often to get the inside scoop on the best deals and packages available at luxury hotels all over the world!
The St. Regis Grand Rome is perfectly located in the heart of Rome within walking distance of many historic sites including the Spanish Steps, the Trevi Fountain, and Via Veneto. The Colosseum and the Piazza Navona are also located nearby, and each of the 138 guest rooms and 23 suites feature a unique identity and are beautifully decorated in Empire, Regency, and Louis XV styles.
Taste of Luxury Package
This package is available for a Superior room with 1 king bed, Deluxe room with 1 king bed, or an Imperial room with 1 king bed. It includes breakfast for 2, and the 4th night is free for travel between November 2011 and March 2013. The free night is applied upon check in. (This special package must be selected to receive the 4th night free.)
Luxury Romance Package
This package is available for a Superior room, Deluxe room, or Imperial room option with 1 king bed, and it includes daily room service breakfast for 2, beautiful flowers, and champagne upon arrival. Dive into a romantic escape with this package that's perfect for an anniversary, birthday, or just a weekend away.
Vivendo Dinner Package
This package is perfect for the food connoisseur and it is available for either a Superior or Deluxe room. Included in this package is a buffet breakfast and a phenomenal 3 course dinner from the Grand menu at Vivendo Restaurant.
These packages and specials are based on double occupancy, subject to availability, and exclusive of tax.
Be sure to make your travel plans today to take advantage of the incredible packages and deals that await you in Rome!
Harbour Grand Kowloon Honored at the Travelers' Choice Hotel Awards!
May 2, 2012
By: Oksana Balytsky
TripAdvisor announced that the Harbour Grand Kowloon has been chosen as the winner in the category of the Top 25 Luxury Hotels in China in its 2012 Travelers' Choice Awards! The TripAdvisor Travelers' Choice Awards honor the world's best hotels as selected by millions of real travelers' reviews and opinions, so you can trust and check in with ease knowing that you are about to stay at phenomenal hotel as chosen by fellow travelers like yourself.
The Harbour Grand Kowloon is a luxurious 5-star property situated on the harbor front promenade just a few steps from the famous Victoria Harbour in Kowloon, Hong Kong. It is nestled in the neighborhood of Whampoa, which is full of charming cafes and boutiques and just minutes away from the Tsimshatsui shopping and business district. Its 554 spacious guestrooms including 86 suites are equipped with the latest technology and many of which offer stunning Harbour views. A few of the amenities available to guests include massage service, steam room and sauna, a top floor fitness center, and a glass-walled roof top swimming pool featuring 360 degree panoramic views.
Jonathan A. Wilson, the General Manager of the hotel says, "we are thrilled to once again be honoured by our travel partners TripAdvisor. To win the award for the second year running affirms that we are heading in the right direction and spurs us on to maintain our strong commitment towards service excellence. We are honoured that our guests have chosen us." We couldn't have said it better ourselves! Be sure to make your reservations at this highly acclaimed hotel and get ready for a truly luxurious and wonderful stay!
New Luxury Hotels Opening in 2012: Nobilis Hotel in Lviv, Ukraine
April 27, 2012
By: Oksana Balytsky
We at Five Star Alliance are all about the best and most luxurious hotels. We certainly keep up with the happenings in the luxury travel world and take pride in bringing our clients the latest luxury travel news. Keep up with our newest blog series where we'll be featuring luxury hotels opening in 2012 to stay on top of the trends and make your reservations at the newest hotspots.
The Nobilis Hotel in Lviv is the first and only world class luxury hotel located in the heart of Lviv, and the classical building façade decorated with hand-paintings beautifully compliments the architectural design of the city. Lviv, which means the City of Lions, is a historic and beautiful city which has successfully meshed the architectural and traditional culture of Eastern Europe with those of Italy, Germany, and France. Referred to as the 'Little Paris of Ukraine,' Lviv's cobblestone streets and cultural institutions make it a romantic and beautiful city certainly worth exploring. The Nobilis Hotel has 49 spacious rooms and 9 luxurious suites equipped with the latest technology and decorated with elegant and tasteful style. Its exquisite restaurant, piano-lounge bar, 24-hour lobby bar with fireplace, and its spa and fitness center all add to the hotel's lavish comforts and charm. Be sure to make your reservations at this beautiful property soon to make it in time for the EuroCup 2012, and get ready to visit what in my very biased opinion is the best city in the world!
Buy Some Apples: Four Seasons Best Hotel on the Orchard Road
April 23, 2012
By: Christopher Roney
One of the big attractions of Singapore is its iconic Orchard Road, a luxury shopping district that rivals the Kurfurstendamm in Berlin or Chicago's Magnificent Mile. Many of our travelers have expensive tastes, and we've learned only to suggest the tip-top in boutique designer stores alongside the bigger name-brands. Singapore's Orchard Road has them in droves; choice is the name of the game here. The Four Seasons Singapore brings old-world luxury to the center of the modern shopping district. It carries all of the elegance and international standards of the Four Seasons brand, and infuses it with the metropolitan flair of one of Southeast Asia's cultural centers. You'll love staying in any of its 250 rooms and especially the top-of-the-line suites, which are guaranteed to have enough closet space for your new acquisitions. Catch views of the Orchard Boulevard or the Botanical Gardens from the very best rooms while getting ready for an in-room massage from one of their personal treatment specialists. You can also head downstairs to experience some exquisite classical Cantonese or modern European cuisine. The Four Seasons Singapore is great stop for the prospective shopper looking to find everything that the Orchard Road has to offer.
The Algonquin Maintains its Classiness
April 17, 2012
By: Oksana Balytsky
The Algonquin has been undergoing some serious upgrades and updates, but it hasn't lost its true identity in the process. A beautiful 4-star hotel in Time Square, the Algonquin has been the destination for business and leisure travelers in midtown Manhattan. This luxury hotel is New York City's oldest continually operating hotel, and it has recently updated its rooms with new furniture, paint jobs, decorations, etc. The lobby is being updated and the fitness center is getting moved and upgraded. With all of these updates and changes, the Algonquin is maintaining its poise by installing an exclusive series of black and white photos in all of its guestrooms featuring Manhattan during the 1900s to the 19050s. The photos are by Irving Underhill, and each photograph will depict a different scene around New York. Be sure to make your reservations at this historic landmark which will be reopening on May 1st, 2012, and take in the charm of the old New York City!
Check out the following tweet to see the black and white photos of New York City for yourself!
Historic black and white photos of NYC come to the Algonquin: bit.ly/HQ2fOH— HotelChatter (@HotelChatter) April 17, 2012
Phenomenal Rates and Amenities Available at the Peninsula Chicago!
April 16, 2012
By: Oksana Balytsky
The Peninsula Chicago is the Windy City's most luxurious and sophisticated hotel. Located in the heart of the 'Magnificent Mile,' on the doorstep of Chicago's business and shopping district, The Peninsula Chicago offers guests the absolute best amenities and services. Its 339 guestrooms and suites are among the largest in the city and are beautifully furnished with a state-of-the-art electronic system that allows guests to control all room features with the touch of a button. This luxury hotel is extremely accommodating of families with both Junior Suites and Deluxe Suites having a sofa bed as well as the option to interconnect the Grand Deluxe Room with a king size bed to a Grand Deluxe room with 2 double beds, a Deluxe Suite with a Deluxe Room, and an Executive Suite with a Deluxe Room. All of these amenities and characteristics of the hotel make it an excellent option when traveling to Chicago, but the following features and details set The Peninsula Chicago apart from other properties, making it one of the absolute best and most exceptional hotels in the area!
- A 14,000 square foot, two level spa and fitness center located on the top two floors of the hotel offering incredible skyline views of the city.
- Complimentary yoga and Pilates classes offered three times a day.
- A chocolate bar every Friday and Saturday night serving chocolate martinis and delectable treats while a soft jazz trio band plays in the background.
- A half Olympic-sized indoor pool.
- A business center that's open 24 hours a day.
These are just a few of the ways The Peninsula Chicago goes above and beyond to offer its guests an exceptional stay, and you'll simply have to make your reservations at this hotel to experience the true meaning of luxury for yourself!
Luxury Hotels near the San Francisco Convention Center
April 9, 2012
By: Oksana Balytsky
This blog series is for all of the business travelers who are looking for a luxury hotel that is located near the Convention Center of specific cities. We understand that you have places to be, people to meet, and conferences to attend, so we try to make your travels as stress-free and convenient as possible without forgoing luxury.
The Moscone Center in San Francisco is our center of focus for this blog post. The following are 5 and 4 star hotels located less than one mile from the Convention Center. We've listed them in order of proximity, and they are all a short walk or a speedy cab ride away!
Intercontinental San Francisco – 187 feet from the Convention Center
Hotel Palomar San Francisco – 0.4 miles from the Convention Center
St. Regis Hotel San Francisco – 0.4 miles from the Convention Center
W San Francisco – 0.4 miles from the Convention Center
Four Seasons San Francisco – 0.5 miles from the Convention Center
Hotel Monaco San Francisco – 0.6 miles from the Convention Center
Campton Place Hotel – 0.6 miles from the Convention Center
Clift – 0.6 miles from the Convention Center
The Palace – 0.7 miles from the Convention Center
Ritz Carlton San Francisco – 0.8 miles from the Convention Center
The Fairmont San Francisco – 0.9 miles from the Convention Center
The Huntington Hotel – 0.9 miles from the Convention Center
Four Star Properties:
Parc 55 Wyndham San Francisco Union Square – 0.3 miles from the Convention Center
Hotel Nikko San Francisco – 0.4 miles from the Convention Center
JW Marriott San Francisco Union Square – 0.6 miles from the Convention Center
Sir Francis Drake Hotel – 0.6 miles from the Convention Center
The Prescott San Francisco – 0.6 miles from the Convention Center
InterContinental Mark Hopkins San Francisco – 0.8 miles from the Convention Center
Hotels with an Edge: Burj Al Arab in Dubai
April 3, 2012
By: Oksana Balytsky
In today's competitive world, everyone needs a way to stand out from the crowd. Luxury hotels certainly are no different and are always looking for ways to outshine their competitors and attract more visitors. We understand that our travelers look for the best of the best, and we would like to introduce you to our blog series, Hotels with an Edge. We'll be highlighting and featuring a few hotels we feel truly stand out and offer their guests more than is expected. Be sure to check in with us to explore various hotels that deserve recognition for their supreme levels of luxury.
Today's featured hotel is the Burj Al Arab located in Dubai. This luxury hotel has received a significant amount of recognition and has quickly become one of the most famous luxury hotels and one of the most photographed structures in the world. Its unique architectural design has caught the eyes of travelers, making it easily distinguished from all other hotel properties. It is designed to resemble a wafting sail; this all-suite luxury hotel soars 321 meters and dominates the Dubai skyline. It is illuminated at night by choreographed lighting representing water and fire, and it has a private beachfront, opportunities to embark on a desert safari, and some rooms offering phenomenal views of the Arabian Sea.
Explore this luxury hotel and make your reservations here! Be sure to keep up with our blog series for a little inspiration on where to stay next!


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|Hotel Valparaiso Old Bank Bastimento Calle Principal, Isla Bastimentos, Bastimentos (6 miles from Pleasant View)
Score from 35 reviews: Good Latest Booking: August 17Offering a garden, a terrace and à la carte restaurant, Hotel Valparaiso is located in Bastimento Island, 800 metres from Wizard Beach. Free Wi-Fi access is available in public areas. More…
$30 Average price per night
|Dolphin Bay Hideaway San Cristobal Island, Bocatorito (2.9 miles from Pleasant View)
Score from 7 reviews: Very good Latest Booking: August 11The eco-friendly Dolphin Bay Hideaway features free breakfast and dinner services, a wooden terrace with hammocks, plus garden and Dolphin Bay views. More…
$125 Average price per night
|Bocas Villas House Isla Colón 10 minutes by boat to the town, Bocas del Toro (3.5 miles from Pleasant View)
$250 Average price per night
|M&M's Residencias Avenida Sur a lado de Mici, Bocas del Toro (4 miles from Pleasant View)
Score from 13 reviews: Pleasant Latest Booking: August 7M&M's Residencias offers tropical-style studios and apartments in the town of Bocas del Toro. More…
$120 Average price per night
|Gran Hotel Bahia Calle 3a, Bocas del Toro (4 miles from Pleasant View)
Score from 37 reviews: Very good Latest Booking: yesterdayGran Hotel Bahia is 450 metres from Simón Bolívar Central Park and 2 minutes' drive from Bocas del Toro International Airport. It features free WiFi and a free daily Continental buffet breakfast. More…
$71.43 Average price per night
|Hotel Olas Calle 6a Avenida Sur Isla Colon, Bocas del Toro (4 miles from Pleasant View)
Score from 237 reviews: Good Latest booking: 3 hours agoLocated by the sea, Hotel Olas offers magnificent views of the Caribbean Sea. It features air-conditioned rooms with free Wi-Fi, cable TV and private bathrooms. More…
$49.50 Average price per night
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subset: commoncrawl


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Introducing Slane
Blink and you miss it, Slane's 18th-century stone houses and cottages slink down a steep hill to the River Boyne, which glides beneath a narrow bridge. Slane grew up around the enormous castle after which it was named. At the main crossroads four identical houses face each other: local lore has it that they were built for four sisters who had taken an intense dislike to one another and kept a beady-eyed watch from their individual residences.
Slane is just 6km west of Brú na Bóinne.


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Friday, January 11, 2013
Lots of new and notable for criminal justice fans in latest SCOTUS cert grants
This time of year, working late on a Friday can sometimes get rewarded with Supreme Court news after its usual Friday conferences: this week brings a Friday afternoon SCOTUS order list with six new cert grants. And, as Lyle Denniston detailed in this new post at SCOTUSblog, half of the grants include cases with notable criminal justice concerns:
The Supreme Court agreed on Friday to decide a major case on the right to remain silent — a case testing whether that right exists for an individual who has not been arrested but is interviewed by police, and was not given Miranda warnings, when that silence was used to help prove guilt at a trial. That case — Salinas v. Texas (docket 12-246) — was one of six new cases accepted for review. (The order list is here.)...
Here, in brief, are the other new cases and the issues at stake [from the criminal justice part of the SCOTUS world]:...
** Sekhar v. United States (12-357) — whether the federal anti-extortion act applies to a private individual's use of a threat in order to get a government authority to withdraw a recommendation that would be adverse to that private individual's interest in a pension fund. The issue is whether such a recommendation qualifies as "property" under the Hobbs Act, which makes it a crime to obtain property by threats.
** United States v. Kebodeaux (12-418) — Congress's authority in 2006 to make it a federal crime for an individual convicted years before of a sex crime to fail to register, after the individual had long since completed a sentence.
Based on this helpful summary, it looks like the new sex offender case, US v. Kebodeaux, should be of greatest interest to sentencing fans. But all criminal cases on the SCOTUS docket, of course, can end up having a sentencing spin or impact.
January 11, 2013 in Criminal Sentences Alternatives, Sentences Reconsidered, Sex Offender Sentencing, White-collar sentencing, Who Sentences? | Permalink | Comments (0) | TrackBack
Tuesday, January 08, 2013
Intriguing New Yorker article on child porn, sex offenders and civil commitment
The latest New Yorker issue has this interesting article headlined "The Science of Sex Abuse: Is it right to imprison people for heinous crimes they have not yet committed?". The lengthy article, which rewards taking to time to read it, give particular attention to one particular sex offender's experience with child pornography and federal civil commitment procedures. Here is an excerpt:
John pleaded guilty to possessing child pornography and to using the Internet to persuade a minor to have sex, and was sentenced to fifty-three months in federal prison — a relatively light sentence by today's standards. In the past fifteen years, sentences for possession or distribution of child pornography — a federal crime, since images cross state lines — have increased in length by more than five hundred per cent. The average sentence is now a hundred and nineteen months, which is about the same as the average punishment for a physical sex crime.
Child pornography didn't become a priority for federal law enforcement until the mid-nineties, when the Internet, offering a fun-house reflection of the spectrum of human sexuality, exposed a previously invisible population of pedophiles. Chat rooms have spawned an underground subculture in which social status is based on comprehensive libraries of images. Many users consider themselves "collectors," trading pictures until they assemble sets that feature certain children, stars on the Internet, being sexually abused over time.
In a study of child pornography, the historian Philip Jenkins, of Penn State, found that chat rooms foster a kind of "bandit culture." Self-described "Loli fans" see themselves as part of a subversive fraternity, unified by the pursuit of forbidden pleasures. There is a hierarchy of users: newbies, lurkers, traders, and, at the top, the pornographers themselves—"kings of the rooms," as John told me. He said that the most sought-after images were new and made in America, and showed interracial couplings. The more taboos broken, the better. Members reinforced one another's desires, engaging in communal rationalization. "We'd pull at evidence from the dawn of photography to prove that child sexuality was once acceptable," John said. "Then we could say, 'See, it's society — not me!' "
January 8, 2013 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sex Offender Sentencing | Permalink | Comments (19) | TrackBack
Saturday, January 05, 2013
District Judge at resentencing continues to resist federal child porn guidelines even after Sixth Circuit reversalWhile I was traveling to New Orleans yesterday, back in my hometown a federal district court judge continued to make news in his second effort at sentencing a elderly federal defendant in a child pornography downloading case. This local story, headlined "Judge blasts sentencing guidelines: Man's original punishment tossed on appeal," provides the notable details:
A federal judge in Columbus criticized sentencing guidelines for child-pornography offenses yesterday as he imposed a stricter sentence on a Mount Vernon man whose original sentence was rejected by an appeals court.
U.S. District Judge James L. Graham said he "continues to have significant concerns about the helpfulness of those guidelines." He made his comments during a resentencing hearing for Richard Bistline, 70, who pleaded guilty in April 2009 to one count of possessing child pornography. Federal sentencing guidelines recommended a sentence of 63 to 78 months.
Graham sentenced Bistline in January 2010 to one day in prison and 10 years of supervised probation. Federal prosecutors appealed the sentence, which the 6th U.S. District Court of Appeals overturned in January 2012, saying it "does not remotely meet the criteria that Congress laid out" for criminal sentencing.
Graham imposed the same sentence yesterday but ruled that Bistline must be confined to his Knox County home for the first three years of probation. He credited Bistline with the one day he served in prison, three years served on probation and nine months of home confinement that he served while awaiting his original sentence.
Assistant U.S. Attorney Deborah Solove had requested a five-year prison sentence, followed by five years of probation. She objected to the new sentence, saying it was "not reasonable."
The judge said he was guided by appeals-court rulings that upheld sentences in similar child-pornography cases that included one day of prison and at least one year of home confinement. He cited statistics from the Federal Bureau of Prisons showing that federal judges across the country impose sentences below those recommended in the sentencing guidelines in more than half of child-pornography cases....
Bistline, a former Michigan schoolteacher with no criminal record, was arrested after a task force investigating online crimes against children downloaded images of child pornography that had come from Bistline's home computer. A search of the computer uncovered 305 images and 56 videos of children posing naked or involved in sex acts with adults....
In the three years since his conviction, Bistline has complied with the terms of probation, successfully completed a one-year sex-offender treatment program, had no access to computers and understands the harm caused to the victims of child pornography, Graham said. Defense attorney Jonathan Tyack told the judge that the past three years "have shown that (Bistline) was worthy of your original sentence."
Graham also said he was influenced by concerns about Bistline's age and deteriorating health. According to medical records presented to the court, Bistline has had two strokes and suffered a heart attack a year ago. He also cares for his wife, who has cancer. Sending him to prison for five years "would be a life sentence, or more accurately a death sentence," the judge said.
It will be very interesting to see if federal prosecutors seek to appeal this sentencing yet again to the Sixth Circuit. If they do, I would set the very early "betting line" on reversal at 50/50: some judges on the Sixth Circuit surely will be troubled that Judge Graham imposed nearly the same sentence even after his first sentence was reversed as unreasonable; but some judges may be moved by the additional reasons Judge Graham gave upon resentencing for not changing the sentence dramatically.
Prior related post:
January 5, 2013 in Federal Sentencing Guidelines, Offender Characteristics, Offense Characteristics, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (5) | TrackBack
Thursday, December 20, 2012
Three decades and huge (record?) restitution sentence in federal child porn case from TexasA helpful reader alerted me to what seems like a record-setting sentence handed down yesterday in a notable federal child porn prosecution out of Texas. This local article about the sentencing provides the details:
Misty, a victim of child abuse that began when she was 4 years old, wrote that there is another "little me" being seen on the Internet by child pornography abusers. Prosecutor V. LaTawn Warsaw read the young woman's victim impact statement during the sentencing of Robert Hedrick, 61, the former president of Pan American Airways, who was convicted in May of five counts relating to child pornography.
U.S. District Judge Andrew S. Hanen sentenced Hedrick to 30 years in prison and ordered him to pay more than $5 million in restitution to known victims of child pornography whose images of abuse were found on Hedrick's computer....
The government had asked for a 90-year sentence, but Hanen said because of Hedrick's age a 30-year sentence was appropriate....
Investigators identified 99 known series of child pornography, along with 549 known images of child victims on Hedrick's computer — just a fraction of the more than 2,400 images and 18 videos of child pornography it held. Many of the children in the images are unidentified, Homeland Security Investigations Agent Joseph Baker testified....
Hedrick maintained his innocence. "I can't ask the court for anything. I was framed. I didn't do what I was charged and convicted of," he said, adding that he can't say he is sorry or show remorse for something he didn't do. Hedrick plans to appeal....
During the trial, however, evidence showed that Hedrick shared 136 images of adult and child pornography with detectives who were posing as 13- and 14-year-old girls. According to testimony during the trial, Hedrick contacted the undercover investigators in Louisiana and Wisconsin through Yahoo instant messenger and email more than 20 times.
He also was convicted of asking the agents to provide him with images of themselves in sexually explicit sex acts. The government introduced a web cam video of Hedrick masturbating for an undercover detective who identified herself as a 14-year-old girl from Louisiana....
Here is a breakdown of the victims to whom Robert L. Hedrick was ordered to pay more than $5 million in restitution....
- $3,388,417 to the victim of the Misty series;
- $1,145,300 to the victim of the Jan-Feb series;
- $803,924 to the victim of the Vicky series;
- $68,821 to the victim of the Cindy series.
Much can be said, of course, about the imposition of 30 years' in federal prison for a man in his 60s for what he did on the internet. (Recall that now-infamous child molester Jerry Sandusky got a state sentence of 30-60 years.) I find even more noteworthy that federal prosecutors could, with a straight face and as officers of the court, assert in this sentencing proceeding that they believed that only a 90-year federal prison term(!) was "sufficient but not greater than necessary" to serve the purposes of punishment set forth by Congress in 18 USC 3553(a).
In addition, the restitution amount imposed here is higher than I can recall seeing in any other child pornography case and thus may set a record for this kind of prosecution. Moreover, unlike in many other child porn downloading cases, it seems possible that this defendant could pay some or perhaps all of this huge restitution amount. This reality not only raises the stakes for this defendant's planned appeal, but also potentially impacts whether and how the victims in this case will want or need to seek additional restitution awards from other child porn downloaders in future federal prosecutions.
December 20, 2012 in Booker in district courts, Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sex Offender Sentencing | Permalink | Comments (3) | TrackBack
Monday, December 10, 2012
Distinguishing Padilla, Pennsylvania Supreme Court finds no Sixth Amendment problem with lack of pension plea adviceAn interesting case involving a plea that led to the loss of a pension for a school teacher has now led to an interesting set of opinions from the Pennsylvania Supreme Court in Commonwealth v. Abraham, No. 36 WAP 2010 (Pa. Dec. 10, 2012) (links to majority opinion, concurrence one and two, and dissent). Here is the set up via the start of the majority opinion:
Joseph Abraham was a high school teacher in the Pittsburgh public school system. In 2008, one of his students alleged he offered her $300 to have sex with him and touched her buttocks; she further stated he gave her one of his business cards and wrote his private cell phone number on it. After these allegations surfaced, appellee, who was 67 years old, retired from teaching and began receiving pension payments of $1,500 per month. Shortly after appellee retired, he was charged for the above incident. Pursuant to a negotiated agreement, appellee pled guilty to corruption of a minor and indecent assault of a person less than 16 years of age. He was sentenced to probation; no direct appeal was filed.
Because the crime of indecent assault of a person less than 16 years of age is one of the enumerated offenses in the Public Employee Pension Forfeiture Act (PEPFA), 43 P.S. §§ 1311-1315, appellee forfeited his pension when he pled guilty to this charge. He filed a motion to withdraw his plea nunc pro tunc, alleging he was not informed of his right to seek withdrawal of his plea or of the possible sentences he faced. The trial court denied the motion.
Appellee filed a timely PCRA petition alleging plea counsel was ineffective for failing to inform him he would forfeit his pension upon pleading guilty. The PCRA court, after giving the required notice pursuant to Pa.R.Crim.P. 907(1), dismissed the petition without a hearing. In its Pa.R.A.P. 1925(a) opinion, the PCRA court stated the loss of appellee's pension was an issue collateral to the plea; thus, under Commonwealth v. Frometa, 555 A.2d 92, 93 (Pa. 1989), plea counsel's failure to explain this consequence to appellee was not relevant to whether his plea was knowing and voluntary. Accordingly, the PCRA court held counsel was not ineffective.
On appeal, the Superior Court reversed, holding a recent United States Supreme Court decision, Padilla v. Kentucky, 130 S.Ct. 1473, 1483 (2010), abrogated Frometa, which held deportation was collateral consequence of a guilty plea and therefore did not need to be explained to the defendant. The Superior Court noted Padilla, which also dealt with deportation following entry of a guilty plea, held such consequences were so intimately connected with the criminal process that a direct versus collateral consequences analysis was ill suited to evaluate an ineffectiveness claim arising in this context. Commonwealth v. Abraham, 996 A.2d 1090, 1092 (Pa. Super. 2010)....
We granted the Commonwealth's Petition for Allowance of Appeal to determine:
(1) Whether, in light of Padilla v. Kentucky, ___ U.S. ___, 130 S.Ct. 1473 (2010), the distinction in Pennsylvania between direct and collateral consequences to define the scope of constitutionally "reasonable and professional assistance" required under Strickland v. Washington, 486 U.S. 668 (1984) is appropriate?
(2) If so, whether the forfeiture of a pension that stems from a public school teacher's negotiated plea to crimes committed in the scope of his employment is a collateral consequence of a criminal conviction which relieves counsel from any affirmative duty to investigate and advise?
The various opinions reach various in Abraham reach various conclusions on these questions, but here is the heart of the analysis of the majority:
Not getting money as a consequence of breaching an employment contract cannot be equated with being forced to leave the country. Based on PEPFA's aim, procedure, and consequences, we cannot conclude forfeiture of an employment benefit is so enmeshed in the criminal process that it cannot be subjected to a direct versus collateral consequences analysis. Accordingly, we hold Padilla did not abrogate application of such analysis in cases that do not involve deportation...
Our assessment of the above factors leads us to conclude PEPFA's pension forfeiture provisions are not so punitive in force or effect as to negate the legislative intent that it be a civil, remedial provision. PEPFA is not punitive, and is thus a collateral consequence of appellee's guilty plea.
Because counsel cannot be deemed ineffective for failing to advise a defendant regarding the collateral consequences of a plea, appellee's ineffectiveness claim fails. Therefore, we reverse the order of the Superior Court granting appellee a PCRA hearing on the issue of prejudice, and we remand for reinstatement of the PCRA court's order denying appellee relief.
December 10, 2012 in Collateral consequences, Procedure and Proof at Sentencing, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (2) | TrackBack
Friday, December 07, 2012
Just who decides whether serious child porn case is in state or federal system?I kind of know the answer to the question in the title of this post (as explained below), but this is still the inquisitive reaction I often have after reading about a state child porn sentencing decision like this one reported today out of Pennsylvania:
Calling him a danger to the community who showed no remorse, a Northampton County judge handed down a state prison sentence Friday to a Nazareth man who had child pornography and sent inappropriate text messages to a 12-year-old girl in which he said he wanted to make her feel "warm and cozy."
Christopher M. Rothrock, 46, was sentenced to 21 months to 7 years in prison by county Judge Stephen Baratta. In handing down his sentence, Baratta said he would be "afraid for the community" unless Rothrock served time in state prison.
Rothrock was reported to police in 2011 by the girl's parents. Police said they found 25 texts from Rothrock to the girl, saying he wanted to massage her and asking for photos of her exposed stomach, court records state. Police said they also found thousands of child pornography images on Rothrock's computer.
In September, Rothrock pleaded guilty to five counts of possessing child pornography and one count of criminal solicitation for the text messages he sent to the girl. Northampton County Assistant District Attorney Patricia Broscius testified Friday that the victim and her mother are "extremely hurt, extremely angry" by Rothrock's actions. "The bottom line is he's dangerous and he needs intensive treatment," Broscius said. "He had no remorse, no insight, no empathy for what happened."
In a pre-sentence report read aloud Friday by Baratta, Rothrock said he had been viewing child pornography for 20 years and didn't believe it was a crime unless he was selling or distributing the images. He also told authorities he didn't believe pornographic images of children over the age 10 were considered child pornography. Baratta noted that Rothrock stopped going to sex offender treatments after Rothrock said he could no longer afford to pay for therapy.
Though not perfectly clear from this story, it appears that the defendant here (1) may have already had a conviction of some sort that got him into sex offender treatment, and (2) had sent numerous sexual texts to a 12-year-old, and (3) had a massive and long-standing collection of child pornography. Add up these facts in the federal system, and the defendant here would likely be looking at decades in the federal prison system. But in state court this guy, deemed by the sentencing judge as dangerous and with no remorse, could be free in less than two years.
My understanding is that state and federal investigative authorities and prosecutors are ultimately the persons who decide whether and when a case will be brought in federal or state court when both jurisdictions have authority. But, as highlighted by this story (and so many others in this area), the sentencing consequences of child porn crimes will often depend a lot more on this (hidden and unreviewable) state/federal prosecutorial decision than any other facts or factors.
December 7, 2012 in Procedure and Proof at Sentencing, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (9) | TrackBack
Thursday, December 06, 2012
Fourth Circuit rejects feds' effort to commit "sexually dangerous person" under AWAThe Fourth Circuit has a notable sex offender civil committment ruling today in US v. Caporale, No. 12-6832 (4th Cir. Dec. 6, 2012) (available here). Here is how it gets started:
The government appeals the judgment of the district court directing that Patrick Caporale be freed from the custody of the Bureau of Prisons and granted supervised release. Caporale finished serving his prison sentence for child molestation in 2008, but he has remained incarcerated while the government seeks to have him declared a "sexually dangerous person" pursuant to the civil-commitment provisions of the Adam Walsh Child Protection and Safety Act of 2006 (the "Walsh Act"), Pub. L. No. 109-248, 120 Stat. 587, as specifically set forth in 18 U.S.C. § 4248.
A sexually dangerous person under the Walsh Act means one "who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others." 18 U.S.C. § 4247(a)(5). A person is sexually dangerous to others insofar as he or she "suffers from a serious mental illness, abnormality, or disorder," and, as a result, "would have serious difficulty in refraining from sexually violent conduct or child molestation if released." Id. § 4247(a)(6). The parties have never disputed that, as evidenced by his several convictions, discussed infra, Caporale satisfies the first, prior-conduct element of § 4247(a)(5) by having engaged in child molestation.
Following an evidentiary hearing whose scope was thereby limited to the second element of § 4247(a)(5), the district court ruled that, as a matter of law, the government had not proved that Caporale suffers from a serious mental illness, abnormality, or disorder. The court perceived in the alternative that even if Caporale were so afflicted, his commitment was not required because the government had also failed to sufficiently show that Caporale will experience serious difficulty in refraining from sexually violent conduct or child molestation if released.
We conclude that, contrary to the district court's legal determination and as established by the evidence, Caporale indeed suffers from a qualifying mental impairment. We nevertheless affirm the judgment below, discerning no clear error in the court's alternative rationale that the government fell short of carrying its burden to demonstrate a relative likelihood that Caporale will reoffend.
December 6, 2012 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (10) | TrackBack
Sunday, December 02, 2012
State court strikes down Orange County prohibition on sex offender visits to parks and beachesAs reported in this new Los Angeles Times article, a "controversial Orange County sex offender law that bans some people from visiting parks and beaches has been ruled illegal by a panel of Superior Court judges, who have asked the state appeals court to now review the get-tough rule." Here is more about the ruling and its impact:
The panel reached the decision after overturning the conviction of a registered sex offender who was ordered to serve 100 days in jail after he was caught attending a Cinco de Mayo party at Mile Square Park in Fountain Valley.
The Orange County district attorney's office, which has pushed cities across the county to adopt the sex offender ban, said it would continue to enforce the law. "I believe that protecting children from sex offenders is one of the highest priorities in law enforcement," Dist. Atty. Tony Rackauckas said in a statement.
But the ruling has drawn immediate fallout. Sheriff Sandra Hutchens has asked her department to stop enforcing the law, and Lake Forest, one of the many cities that adopted the rule, is considering repealing its ordinance.
Nearly half the 34 cities in Orange County have adopted the law, and of those, almost half are now being sued. To persuade cities to adopt the law, the district attorney's office has taken a forceful approach — sending ranking prosecutors and administrators to City Council meetings to talk with municipal leaders.
Orange County appears to be the lone county in the state to adopt a law banning all registered sex offenders — even those who haven't been convicted of a crime against children — from going to a county beach or spending time in a county park. And while registered sex offenders can apply for an exemption for work or family gatherings, few have been approved.
In its Nov. 15 decision, the Appellate Division of Orange County Superior Court ruled that the county ordinance is unlawful because the state Legislature is the only body that should be enacting restrictions on sex offenders. "Such a patchwork of local ordinances poses tremendous risk to the offender who may not be aware of each regulation in each city, or indeed even know the precise location of city borders," the decision read.
December 2, 2012 in Criminal Sentences Alternatives, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (18) | TrackBack
Tuesday, November 27, 2012
Congress passes bill to double statutory maximum for child porn possession
Thanks to a helpful reader, I just learned that late yesterday Congress passed a bill to increase the statutory maximum for child porn possession offenses from 10 years to 20 years. Especially because child porn receipt already has a stat max of 20 years and because federal prosecutors often can (and often do) charge multiple counts of possession to expose a defendant to more than 10 years imprisonment under current law, I was not aware that anyone directly involved in federal child porn cases thought this stat max needed to be raised. But, as this local report on the legislation highlights, the increase was part of a broader effort to give authorities even more weapons to go after child porn offenders:
A bill designed to protect children from sexual predators has cleared Congress and is headed to the White House to be signed into law. "With President Obama's signature, this law will help to rescue the thousands of children suffering from unthinkable abuse," said Congresswoman Debbie Wasserman Schultz, a Democrat from Weston, who sponsored the bill along with House Judiciary Chairman Lamar Smith, a Texas Republican.
The bill's passage is one sign that Congress can still get something done, especially when leaders from each party push a non-controversial measure. The bill increases the maximum penalty from 10 years in prison to 20 years for child pornography offenses that involve pre-pubescent children, or those under age 12.
The bill allows a federal court to issue a protective order if it determines that a child victim or witness is being harassed or intimidated, and it imposes criminal penalties for violating a protective order. It gives U.S. Marshals limited subpoena authority to locate and apprehend fugitive sex offenders. The Child Protection Act also reauthorizes for five years the Internet Crimes Against Children Task Forces, a national network of investigators who have arrested more than 30,000 individuals involved in child exploitation since 1998, Wasserman Schultz' office reported.
The Senate approved the legislation on Monday night by unanimous consent. The House passed it by voice vote in August. "This bill ensures that the spread of child pornography online is addressed aggressively and quickly," Wasserman Schultz said, "and ensures that investigators have every available resource to track down predators and protect our children."
November 27, 2012 in Sex Offender Sentencing, Who Sentences? | Permalink | Comments (23) | TrackBack
Wednesday, November 14, 2012
Seventh Circuit (per Judge Posner) talks through challenging child porn restitution issuesThe Seventh Circuit has a lengthy and intricate child pornography sentencing opinion today in US v. Laraneta, No. 12-1302 (7th Cir. Nov. 15, 2012) (available here). The opinion is authored by Judge Posner and discusses at length the various complicated legal and practical issues that arise when victims of child pornography offenses seeks restitution at the sentencing of those who possess and distribute their images. Here is the final paragraph from the lengthy unanimous panel opinion:
To summarize: The defendant's prison sentence is affirmed. The calculation of the crime victims' losses is affirmed too, except that the judge must determine how much to subtract from Amy's losses to reflect payments of restitution that she has received in other cases. The order of restitution is vacated and the case remanded for a redetermination of the amount of restitution owed by the defendant; that will require, besides the subtraction we just mentioned, a determination whether the defendant uploaded any of Amy's or Vicky's images. The defendant will not be permitted to seek contribution from other defendants convicted of crimes involving pornographic images of the two girls. And Amy and Vicky will not be permitted to intervene in the district court.
November 14, 2012 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sex Offender Sentencing, Victims' Rights At Sentencing | Permalink | Comments (2) | TrackBack
Wednesday, November 07, 2012
California voters approve new sex offender law, parts of which get swiftly blocked by federal judgeI have not closely followed the particulars of Proposition 35 in California, a human trafficking ballot initiative which generated limited debate or controversy before election day. But, as reported in this new piece from Wired, the initiative received overwhleming support yesterday and today was partially block by a federal judge. Here are the details:
Immediately following the passage of a California proposition that would dramatically curtail the online, First Amendment rights of registered sex offenders, two civil rights groups filed a lawsuit to block parts of the overwhelmingly approved measure.
Proposition 35, which passed with 81 percent of the vote Tuesday, would require that anyone who is a registered sex offender — including people with misdemeanor offenses such as indecent exposure and whose offenses were not related to activity on the internet — would have to turn over to law enforcement a list of all identifiers they use online as well as a list of service providers they use.
The Californians Against Sexual Exploitation Act would force sex offenders to fork over to law enforcement their e-mail addresses, user and screen names, or any other identifier they used for instant messaging, for social networking sites or at online forums and in internet chat rooms.
The American Civil Liberties Union and the Electronic Frontier Foundation, which filed their suit (.pdf) on behalf of two registered sex offenders, say that although the measure is vaguely worded, in practice it likely means that registered sex offenders would have to provide user and screen names that they use for participation in online political discussion groups, forums about medical conditions, and even the comment sections of online newspapers and blogs....
The lawsuit, filed in San Francisco federal court, is demanding that a judge immediately block the measure's internet-reporting provisions.... Michael Risher, an ACLU attorney, said Californians should be concerned that even though the bill only affects registered sex offenders now, the law creates a slippery slope for the same requirements to be applied to others.
He points, for example, to a California DNA-collection law that has expanded dramatically beyond the people it first targeted. Initially, the law required only those convicted of sex offenses and serious felonies to provide authorities with a DNA sample to be included in a state and federal database. But in 2004, this expanded to anyone convicted of a felony, and in 2009, to anyone simply arrested for a felony....
The measure would currently affect some 73,000 sex offenders registered in California, but the law also requires those convicted of human trafficking to register as sex offenders, thus widening the pool of people affected.
UPDATE: Citing First Amendment concerns, U.S. District Judge Thelton Henderson in San Francisco agreed with the plaintiffs, and late Wednesday tentatively blocked enforcement of the measure (.pdf) pending further litigation.
November 7, 2012 in Collateral consequences, Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (9) | TrackBack
Wednesday, October 31, 2012
Split federal court ruling on local Halloween sex offender ordinance in CaliforniaAs reported in this local article, headlined "Judge temporarily blocks part of Simi Valley Halloween sex offender law," a notable constitutional lawsuit resulted in a split outcome in California federal court. Here are the details:
A federal judge Monday temporarily blocked enforcement of a key provision of Simi Valley's new Halloween sex offender law but left the rest of the ordinance intact. U.S. District Judge Percy Anderson's ruling came days before the holiday on Wednesday.
Anderson temporarily blocked the city from requiring its several dozen convicted child sex offenders listed on the Megan's Law website to post signs on their front doors on Halloween saying: "No candy or treats at this residence."
But Anderson let stand requirements that the offenders refrain from opening their doors to trick-or-treating children and decorating the outside of their homes or front lawns with Halloween ornaments. The convicts also must turn off outdoor lighting on their properties from 5 p.m. to midnight Wednesday.
Attorney Janice Bellucci, who last month filed a lawsuit saying the law was unconstitutional, said she was pleased with the ruling even though she had sought to have enforcement of the entire ordinance temporarily blocked pending the outcome of the lawsuit.
Simi Valley City Attorney Marjorie Baxter said the ruling was "a big victory on the majority of the ordinance." The Simi Valley City Council on Sept. 10 enacted the law — the only one of its kind in Ventura County — to try to prevent sex offenders from having contact with trick-or-treating children. It was championed by Mayor Bob Huber, a lawyer who is seeking re-election Nov. 6.
Bellucci, president of the board of a group called California Reform Sex Offender Laws, filed the suit Sept. 28 on behalf of five registered sex offenders, three of their spouses and two of their children, all Simi Valley residents. It says the law violates the First and 14th Amendments of the Constitution because it "suppresses and unduly chills protected speech and expression."
Private attorneys representing the city in the lawsuit disagree. "Convicted child molesters have no constitutionally protected right to hand out candy at Halloween," they said in court papers. "Children, on the other hand, do have a constitutionally protected right to be safe from sexual assault."
I find intriguing the city's assertion that children have a "constitutionally protected right to be safe from sexual assault," in part because taking that claim seriously could subject the city to liability if and whenever the city failed to keep children safe from sexual assault in other settings.
Recent related posts:
- Sex offenders claim First Amendment violated by local Halloween ordinance targeting them
- More on sex offenders' First Amendment challenge to local halloween challenge in California
October 31, 2012 in Collateral consequences, Sentences Reconsidered, Sex Offender Sentencing | Permalink | Comments (14) | TrackBack
Saturday, October 27, 2012
Is justice delayed really justice denied before federal sentencing for child porn professor?The question in the title of this post is prompted by this local federal sentencing story, which is headlined "Vanderbilt professor's sentencing in child porn case delayed again: Two years after his guilty plea, case continued for an eighth time." Here are the details of this intriguing sentencing story:
A Vanderbilt University sociology professor slated to be sentenced Friday for a child pornography conviction had his case continued for an eighth time while he tried to receive a penalty below the federal sentencing guidelines. James Lang, 68, is on leave from Vanderbilt, where he has held a position since 1974. He was charged in 2008 and entered a guilty plea on Sept. 17, 2010.
The government answered his motion for reduced sentencing with a 15-page response in opposition to a variance from sentencing guidelines. The response was received by Lang's attorney Thursday afternoon and he said he need more time to review it. U.S. District Court Chief Judge William J. Haynes Jr. agreed but did not reschedule the sentencing.
A previous continuance was filed to accommodate Lang with moving plans, another because of a death in his attorney's family, and others for preparation purposes. The initial sentencing date was set for Dec. 17, 2010.
Lang admitted to looking at child pornography in his office the morning he was interviewed by police in Garland Hall at Vanderbilt, according to the criminal complaint. He also said that he saw no problem with viewing explicit images of children "enjoying themselves" and that he had been viewing such images for many years.
After he and his wife took the computer to have a virus and spyware inspection, thumbnail images of what appeared to be children under the age of 8 caused the owner of a computer repair service to report Lang to local police, according to court documents. More than 5 gigabytes of data with more than 7,000 pornographic images, including "children in sexual positions," were initially found on Lang's computer, which was Vanderbilt property. Lang pleaded guilty to possessing 233 images and 13 videos of child pornography.
Several letters of support from Vanderbilt professors and other colleagues were submitted to the court, and he entered a 12-step program while awaiting sentencing. Among his many sociologically driven projects, Lang served as a Vista Volunteer at Southside Settlement House in Columbus, Ohio, and worked as a project director for Crossroads Africa in Gambia, according to the Vanderbilt website.
Lang is under home detention as part of his conditions of release and may face up to 10 years in prison upon sentencing.
As a substantive matter, this case is yet another interesting and challenging child porn downloading sentencing in which lots of different arguments could be presented to make lots of different claims about what sentence here would be "sufficient but not greater than necessary" to achieve congressional sentencing purposes set forth in 3553(a)(2). But as the question in the title of this post spotlights, this case is also intriguing (and controversial?) because of how much time has elapsed between charges, conviction and sentencing.
I know initial federal sentencing dates often get delayed and that a few sentencing continuances are not uncommon. But I cannot recall hearing of another case in which sentencing has been delayed eight times (especially when a defendant is free on bail during this extended period). In addition, because of the defendant's history and characteristics and post-charge behaviors, he may during this extended pre-sentencing period be uniquely able to build stronger arguments for a departure or variance based on his advancing age or his (declining?) health or his (now lengthy) post-offense rehabilitation and actions.
I would be especially interested in hearing from experienced federal practitioners about whether this case is really as unusual as it seems or if, in fact, this kind of lengthy pre-sentencing period is not that uncommon.
October 27, 2012 in Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Sex Offender Sentencing | Permalink | Comments (12) | TrackBack
Tuesday, October 23, 2012
Ninth Circuit finds "fundamental right of to familial association" made special sex offender SR conditions "substantively unreasonable"A lengthy opinion from the Ninth Circuit today in US V. Wolf Child, No. 11-30241 (9th Cir. Oct. 23, 2012) (available here), should be of interest to anyone who has ever been concerning about the application of broad supervised release conditions. Here is how the panel opinion gets started:
Timothy Eric Wolf Child, a Native American, appeals a special condition of supervised release imposed by the district court after he pleaded guilty to attempted sexual abuse. The special condition, condition 9, prohibited Wolf Child from residing with or being in the company of any child under the age of 18, including his own daughters, and from socializing with or dating anybody with children under the age of 18, including his fiancée, in both cases unless he had prior written approval from his probation officer. The district court imposed the special condition without first making any specific findings regarding the necessity of restricting Wolf Child's ability to have contact with his children and his fiancée. It did so on the basis of a record devoid of evidence supporting the need for such a restriction with respect to his intimate family members. We hold that the fundamental right to familial association, implicated by the parts of the special condition prohibiting Wolf Child from residing with or being in the company of his own daughters and socializing with his fiancée, is a "particularly significant liberty interest." The district court was therefore required to follow an enhanced procedural requirement to make special findings on the record supported by evidence in the record, that the condition is necessary for deterrence, protection of the public, or rehabilitation, and that it involves no greater deprivation of liberty than reasonably necessary. Because the district court made no such findings regarding the imposition of the special condition, and it conducted no individualized examination of Wolf Child's relationship with the affected family members, it committed procedural error with regard to these specific individuals. Moreover, because of the absence of any evidence in the record that would support the limitations on the fundamental liberty interests at issue, we hold that special condition 9, as applied to restrict Wolf Child's ability to reside or socialize with his own children and with his fiancée is substantively unreasonable.
In addition, we conclude that special condition 9 is overbroad both by virtue of prohibiting Wolf Child from being in the company of any child under the age of 18 under any circumstances and by similarly prohibiting him from dating or socializing with anybody who has children under the age of 18, regardless of the circumstances, without prior approval of his probation officer. On remand, if the district court deems it appropriate to adopt a special condition limiting Wolf Child's contact with children under the age of 18 (other than his own children) and associating with parents of children under the age of 18 (other than his fiancée) it must ensure that any such condition is reasonably necessary to accomplish the statutory goals of supervised release and that it infringes on his particularly significant liberty interests no more than reasonably necessary to accomplish those goals.
October 23, 2012 in Criminal Sentences Alternatives, Offender Characteristics, Purposes of Punishment and Sentencing, Reentry and community supervision, Sentences Reconsidered, Sex Offender Sentencing | Permalink | Comments (6) | TrackBack
Thursday, October 18, 2012
Federal judge finds unconstitutional Nebraska's statute criminalizing all sex offender use of social networking sitesAs reported via this post by David Post at The Volokh Conspiracy, yesterday US District Judge Richard Kopf declared unconstitutional a portion of Nebraska's sex offender registry law making it a crime for registered sex offenders to make any use of any social networking web site. The full, lengthy opinion is available at this link, and here is how it begins:
Earlier I paraphrased Justice Oliver Wendell Holmes and observed that if the people of Nebraska wanted to go to hell, it was my job to help them get there. By that, I meant that it is not my prerogative to second-guess Nebraska's policy judgments so long as those judgments are within constitutional parameters. Accordingly, I upheld many portions of Nebraska's new sex offender registration laws even though it was my firm personal view that those laws were both wrong-headed and counterproductive.
However, I had serious constitutional concerns about three sections of Nebraska's new law. After careful study, I granted summary judgment regarding one claim and decided that a trial was necessary to resolve my other concerns. The trial has now been concluded, and I have decided that the remaining portions of Nebraska's sex offender registry laws are unconstitutional.
In short, I can only help Nebraskans get to the figurative hell that Holmes spoke of if they follow a constitutional path. For three sections of Nebraska's new sex offender registry law, Nebraska has violently swerved from that path. I next explain why that is so.
UPDATE: This new local article about this ruling provides some more information concerning the rulign and some reactions. Here are excerpts:
On Thursday, Omaha attorney Stu Dornan, whose firm represented the men and women challenging the laws as John and Jane Doe, hailed this week's ruling, saying the laws had left people on the Nebraska Sex Offender Registry unsure whether they could text or email family members or even turn on a computer.
He said Kopf's ruling upheld the Constitution as a document that protects even sex offenders, who are viewed by many Nebraskans, as Kopf said in his order, as the lepers of the 21st century. "The Constitution, if it does not protect this group of people, it does not protect any of us," Dornan said....
As scathing as Kopf's 73-page order was at times, the judge did also set out a pathway for Nebraska lawmakers to cure it. "Plainly put: Concentrate on demonstrated risk rather than speculating and burdening more speech than is necessary -- use a scalpel rather than a blunderbuss," the judge said. As it was, Kopf said Nebraska lawmakers had gone too far, putting a stake through the heart of the First Amendment and gutting protections against suspicion-less searches....
At trial, the attorney general's office argued that the laws did not keep offenders from using the Internet entirely. But Kopf said the Nebraska Legislature went far beyond its purported purpose when it criminalized the provisions. "These statutes retroactively render sex offenders, who were sentenced prior to the effective date of these statutes, second-class citizens," he said. "They are silenced. They are rendered insecure in their homes."
He said lawmakers could draft a statute that required convicted sex offenders to provide Internet addresses that the state could track, rather than requiring sex offenders to constantly update the state about when and where they post, for instance. The state also could narrow social networking and chatroom restrictions to offenders who committed their crimes using the Internet, he said....
Shannon Kingery, a spokeswoman for Attorney General Jon Bruning, said his office respectfully disagreed with the court's decision. "We are reviewing the ruling and assessing our options," she said.
October 18, 2012 in Criminal Sentences Alternatives, Sex Offender Sentencing | Permalink | Comments (11) | TrackBack
Thursday, October 11, 2012
Split Sixth Circuit opinion addresses range of child sex offense sentencing issuesThe Sixth Circuit has a lengthy split opinion today in US v. Zobel, No. 11-3341 (6th Cir. Oct. 11, 2012) (available here), which covers a lot of sentencing issues that seems to arise a lot in the all-too-common setting of adult men luring girls to engage in illegal sexual activity. Here is how the majority opinion gets started:
Defendant–appellant David Zobel appeals his sentence for knowingly coercing and enticing a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). After Zobel pled guilty, the district court imposed a sentence of 150 months of imprisonment, which represented a 15 month upward variance from the upper-end of the Guidelines range. The district court also imposed several special conditions of supervised release for life, which prohibit Zobel, inter alia, from having contact with minors absent prior judicial approval, loitering in areas where children tend to congregate, and possessing or viewing pornography or materials that are "sexually explicit or suggestive." Zobel argues that his sentence — both the term of incarceration and several special conditions — was both procedurally and substantively unreasonable.
For the reasons that follow, we vacate the part of the special condition that bans possessing or accessing "sexually suggestive" materials, affirm the remainder of the sentence, and remand for resentencing proceedings consistent with this opinion.
A brief dissent by Judge Moore follows the lengthy majority opinion, and it gets started this way:
A district court must state in open court and in a written statement of reasons the specific reason it is imposing an outside-guidelines sentence on a defendant. 18 U.S.C. § 3553(c)(2). Because the district court failed to state a specific reason for its fifteen-month upward variance both in open court and in its written statement of reasons, the district court committed plain error. The majority, however, nonetheless affirms. I respectfully dissent.
October 11, 2012 in Booker in the Circuits, Procedure and Proof at Sentencing, Sentences Reconsidered, Sex Offender Sentencing | Permalink | Comments (5) | TrackBack
Tuesday, October 09, 2012
Interesting Third Circuit ruling addresses state-federal and federal-federal sex offense disparity claimThe Third Circuit has an intriguing little federal sentencing decision today in US v. Begin, No. 11-3896 (3d Cir. Oct. 9, 2012) (available here). Here his how the majority opinion starts:
Michael Eugene Begin appeals from a final judgment of conviction and sentence on charges related to his use of the internet and a cellular phone to send sexual messages and photographs to a minor in order to persuade her to have sex with him. Begin pled guilty and was sentenced to 240 months' imprisonment, representing a 30-month upward departure from the top of his advisory Sentencing Guidelines range. On appeal, Begin argues that his sentence is unreasonable because the District Court failed to consider his request for a downward variance based on the asserted disparity between his sentence for attempting to induce statutory rape and the lower maximum sentences for actually committing statutory rape under state and federal law. We will vacate Begin"s sentence and remand for the District Court to consider his request.
And here is how the partial dissent by Judge Roth gets started:
I concur with the majority's conclusion regarding the issue of federal/state sentencing disparities. I disagree, however, with the majority's decision to vacate the sentence and remand to the District Court for consideration of the alleged federal/federal sentencing disparity. I would hold, as a matter of law, that the disparity between the two federal statutes raised here is irrelevant to the consideration of sentence disparities under 18 U.S.C. § 3553(a)(6). I would, therefore, affirm the sentence imposed.
October 9, 2012 in Booker in the Circuits, Procedure and Proof at Sentencing, Sex Offender Sentencing | Permalink | Comments (9) | TrackBack
"Sandusky sentenced to 30 to 60 years"The title of this post is the headline from this AP report of today's high-profile child sex abuse state sentencing in Pennsylvania. Here is how it begins:
Former Pennsylvania State University football coach Jerry Sandusky was sentenced to 30 years to 60 years in prison for charges of child sex abuse that involved 10 boys and spanned a decade and a half.
Legal observers said the sentence ensures that Mr. Sandusky, 68 years old, will almost certainly spend the rest of his life in a state prison. He had faced a minimum of 10 years and a maximum of more than 200 years. Experts said the chances of Mr. Sandusky successfully appealing his conviction is remote.
Mr. Sandusky, wearing a red prison jumpsuit with "Centre County" printed on the back, stood motionless in a crowded but hushed courtroom as Judge John Cleland read a list of individual sentences for 45 counts related to child sex abuse that Mr. Sandusky had been convicted of in June.
"The tragedy of this crime is that it's a story of betrayal," Judge Cleland said before handing down the sentence. "Those who have never encountered a pedophile can hardly begin to understand the anguish of those who have been so expertly deceived….The crime is not only what you did to their bodies but what you did to their psyches and souls."
Judge Cleland said to Mr. Sandusky, "When I say to you that you're sentenced to spend not less than 30 years to 60 years in prison, that has the unmistakable impact of saying clearly 'for the rest of your life.' "
Judge Cleland also addressed Mr. Sandusky's victims, several of whom were in the courtroom and had read statements about being sexually abused. "The fact that you were assaulted is no cause for embarrassment or shame," Judge Cleland said. "It is for your courage and not for your assault that you will be remembered. And it is that on which you must focus if you are going to become whole and healed."
Mr. Sandusky, who chose not to testify during his trial, read a lengthy statement in the courtroom. A weary-looking Mr. Sandusky maintained that he is innocent. "Others can take my life. They can make me out as a monster," Mr. Sandusky said. "They can't take away my heart, and in my heart I know that I didn't commit these alleged disgusting acts."
Mr. Sandusky spoke about the victims who he said had wrongfully accused him, as well as about football, prison life, his dog and missing his family. His wife Dottie looked on, holding the side of her face with one hand. At the end, his voice cracked with emotion as he spoke of being separated from his family.
Three young men read statements in court and said they were still suffering from the abuse they suffered at Mr. Sandusky's hands. "I will never erase the filthy images of his naked body against mine, but he must pay for his crimes which he has now been convicted of," said a young man identified as Victim 5, who testified that he was molested in a Penn State shower by Mr. Sandusky. "He took away my childhood the day he assaulted me. He should be sentenced accordingly."
October 9, 2012 in Celebrity sentencings, Sex Offender Sentencing | Permalink | Comments (6) | TrackBack
Guest Post on Jerry Sandusky's expected exercise of his allocution rightMark Allenbaugh sent me comments about Jerry Sandusky's upcoming sentencing, and I urged him to turn his thoughts into a guest post. Here it is:
Today, Jerry Sandusky most likely will be sentenced to a term that will guarantee he serves the rest of his life in prison. Given a life expectancy of around 10 to 15 years, it inevitably will be significantly shortened by years of solitary confinement. The real question is not what he'll get, but what, if anything, he says.
Reports indicate he will use his right of allocution to claim his innocence. In fact, late last night he released an audio file to the press wherein he claimed that "In my heart, I know I did not do these alleged disgusting acts. My wife has been my only sex partner. That was after marriage."
Unlike cases built primarily or exclusively on forensic evidence where botched investigations all too often lead to erroneous convictions, Sandusky's claim of innocence will serve no purpose other than to largely defeat any mitigating evidence that may be introduced, and his statement released yesterday will only serve as impeachment evidence. Why, for example, did he state that "Maybe (the case) will help others; some vulnerable children who could be abused, might not be because of all the publicity"? Sacrificial lamb or a back-handed admission of guilt? Neither is helpful to him and persisting in his innocence will likely raise the ire of the Court.
Which raises the point as to when should an offender exercise his right of allocution. Judges have indicated, especially in sex offense cases, that they desire to hear offenders not just admit guilt and take "full responsibility," but show remorse. But where, as here, victims also are expected to testify, a client's moment of catharsis can result in additional years of confinement. And Sandusky's sentencing effectively is his court of last resort inasmuch as any appeal, even if successful, may not come earlier enough to win him his freedom.
So, why then did Sandusky essentially allocute in public when his every word in court will be duly recorded? Perhaps he is thinking over the wisdom of claiming innocence in open court in front of his victims and the judge, or he's testing the waters of public reaction. More likely this could be the result of years of rationalization that has formed a permanent cognitive dissonance. It is not uncommon, after all, for sex offenders to suffer from sometimes profound mental illness, which often can speak to mitigation or alternatives to exclusive incarceration.
But whatever the reason why, as the old saying goes, if you want to get out of a hole, stop digging. Sandusky would be wise let his audio tape continue to do his talking, and waive his right of allocution.
Some prior posts on Sandusky case:
- Jerry Sandusky found guilty on 45 counts
- "Jerry Sandusky Could Get Pension in Prison Unless Bill Passes"
- Upcoming Sandusky sentencing generates little suspense, but lots of stories
October 9, 2012 in Celebrity sentencings, Procedure and Proof at Sentencing, Sex Offender Sentencing | Permalink | Comments (3) | TrackBack
Monday, October 08, 2012
Would any prosecutors throw challenge flag for plea deal cut for sexual misconduct with student?
Though the MLB playoff have me in more of a baseball mood this week, I cannot avoid this football-related AP story about a notable plea deal struck by a former NFL cheerleader. The story is headlined "Ex-Cincinnati Bengals cheerleader pleads guilty to having sex with former high school student," and here are excerpts:
A former Cincinnati Bengals cheerleader pleaded guilty Monday to having sex with her 17-year-old former student while she was a teacher at a northern Kentucky high school, a move that will allow her to avoid jail time.
In a tearful admission in Kenton County Circuit Court in Covington, Ky., 27-year-old Sarah Jones pleaded guilty to sexual misconduct and custodial interference in place of more serious charges as part of a plea agreement with prosecutors. "I began a romantic relationship while he was a student and I was in a position of authority," Jones said, her voice cracking as her family members wiped their own tears.
Jones said the relationship began in February 2011 when the boy was 17, saying that the two had sex, that she sent him sexually explicit text messages and lied about the relationship to police. The teen had been in Jones' freshman English class in 2008, and she was his peer tutor in 2010 and 2011 before he graduated at the age of 17 this year, according to Monday's plea agreement, signed by Jones.
In accepting the plea agreement, Judge Patricia Summe granted prosecutors' recommendation to sentence Jones to five years of diversion but no jail time, and she won't have to register as a sex offender. The diversion requires Jones to report to a probation officer and undergo drug tests.
Prosecutors said they were willing to make the deal because the teen, now 18, and his family were uncooperative with them and on Jones' side. "We feel that it is a just and it is a fair result," prosecutor Sara Farmer said. "It's certainly difficult when a victim and his family don't cooperate by not providing information, but it makes our case a lot harder when they're actually proactive for a defendant, and in this case, the family was more than supportive of the Jones (family). They were proactive for them."...
Part of the reason defense attorney Eric Deters said Jones was willing to plead guilty was because Summe had denied his request to keep the text messages that she sent to the teen out of the trial. "They're embarrassing," Deters told reporters after the hearing. "They were steamy."
He also said that now that the teen is 18 years old, he and Jones "are free to be together" and pointed out that they left the courtroom together. Deters declined to discuss details of their current relationship, saying that the pair would discuss it on the "Today" show and "Dateline" on Friday.
He said that Jones will not try out to be a Bengals cheerleader in the future, and that for now, she's working as a legal assistant in his office. Jones has expressed interest in becoming a lawyer and is studying to take the Law School Admission Test, he said....
Jones' mother, former school principal Cheryl Armstrong Jones, also pleaded guilty Monday, to a misdemeanor charge of attempted tampering with evidence. She admitted to the judge that she sent the teen a text message telling him to get rid of his phone and also avoided jail time.
As the question in the title of this post suggests, I am curious to know if any prosecutors (or others) are troubled by this plea deal. Because this story gives me little reason to suspect that the defendant here poses any serious threat to the public, I am not especially troubled she was able to cut a sweet plea deal and has appearances now slated for the "Today" show and "Dateline." But perhaps others have a different take on this matter.
October 8, 2012 in Celebrity sentencings, Purposes of Punishment and Sentencing, Race, Class, and Gender, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (17) | TrackBack


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HSUS claims the online retailer is in violation of federal animal cruelty laws by selling the publications The Feathered Warrior and The Gamecock. Verna Dowd, the owner and editor of The Feathered Warrior told the Associated Press: "The Humane Society are crazy people â?¦ They want total control, evidently, over everything people do or think or says, or anything. I don't know what's wrong with them."
A third magazine aimed at cockfighters, Grit and Steel, was not named in the lawsuit, nor were other materials about cockfighting sold on Amazon. John Goodwin, an HSUS spokesman, says in recent years Grit and Steel has altered its content and no longer promotes illegal cockpits, making it difficult to argue that it promotes cockfighting in states where it's illegal. However, Goodwin says, The Feathered Warrior and The Gamecock do just that.
"We're not trying to get them to stop things that we simply disagree with," Goodwin told The Independent Weekly. "What we're trying to do is to get them to stop selling things that help facilitate the breaking of the law. When they're running advertisements for people that are selling illegal cockfighting pits in states where it's banned, when they're selling birds for the expressed purpose of fighting ' where it states their fighting ability in the advertisement and it says, 'We ship worldwide' when in fact transporting an animal over state lines or for foreign export for an animal fighting venture is illegal ' then they're going beyond any sort of conduct that would be First Amendment-protected and getting into the realm of helping people break the law. That's the issue. This is not about what's controversial. This is about what's legal and what is illegal."
Amazon has stated it will continue selling the magazines.
A federal jury found attorney Daniel Stanford guilty Friday afternoon on eight of 13 counts for his role in the Curious Goods conspiracy.
Lafayette City-Court Judge Francie Bouillion has served on the bench for two decades since winning a special election to replace Judge Kaliste Saloom when he retired in 1994.
The magazine's senior football writer also predicts a break-out year for Saints fourth-year running back Mark Ingram.
Gulf Coast ceremonies marking the ninth anniversary of Hurricane Katrina have begun.
The Louisiana Department of Wildlife and Fisheries says there is little known about the effects of tiger prawns on indigenous Louisiana shrimp. But, officials say the reports they're seeking will help state biologists monitor the distribution of the prawns and determine the possible presence of spawning populations.
Baltimore Ravens coach John Harbaugh rested his regulars and watched with delight as Ray Rice's backups ground out 214 yards rushing in a 22-13 victory over the New Orleans Saints on Thursday night.
Friday's Blogs from the Bog!
Google vs. Amazon in drone race; more deaths in Syria; Russia escalates Ukraine conflict and more national and international news for Friday, August 29, 2014.
High-profile criminal defense attorney Daniel Stanford awaits his fate in the Curious Goods conspiracy trial.
The Louisiana Department of Wildlife and Fisheries is set to put the kibosh on the legal ownership of monkeys trained to help the disabled, and the agency wants to know what you think.
A federal judge on Thursday asked lawyers battling over Louisiana's new, restrictive abortion law for an agreement that apparently could let clinics stay open — at least for a while — after the law takes effect Sept. 1.
An abortion rights organization wants a federal judge to block enforcement of Louisiana's new abortion law while its lawsuit to overturn the law makes its way through court.
Republican presidential prospects Ted Cruz and Bobby Jindal are planning to speak at an Iowa Christian conservative event in September.
The attention surrounding Victor White III has spiked with the release of last week's autopsy report, which has raised a number of serious questions about the night of his death and has put the Iberia Parish Sheriff's Office under an increased wave of scrutiny as more national media outlets are jumping on the story, most recently seen on MSNBC's The Rachel Maddow Show.
A group supporting taxpayer-funded private school tuition vouchers is appealing a federal judge's order that Louisiana must provide regular reports to federal officials on the state's voucher program.
The Discovery Channel has canceled reality TV star Will Hayden's popular "Sons of Guns" show after his arrest on an aggravated rape charge.
The LPSB will finally hear from the attorney it hired to investigate the superintendent at a special meeting Thursday at 4 p.m.
Authorities are investigating a report that a student there warned the principal of impending violence similar to that depicted in the movie "The Purge."
Saints cornerback Champ Bailey has played for more than a handful of playoff teams during a career that has seen him selected to 12 Pro Bowls.
Police say a 56-year-old Lafayette man walking behind a dump truck died when the truck hit him as it was backing up.
New Orleans Saints quarterback Drew Brees is a proud papa of new baby girl.
The books on Louisiana's last budget year have been closed, but it took a bit of borrowing from this year to make the numbers work.
The Iberia Parish Coroner responded Monday to the attention surrounding the questionable shooting of Victor White III, a black man from New Iberia who died April 2 while in the custody of local law enforcement.
Two months after lawmakers agreed to create a $40 million higher education incentive fund, no decisions have been made about how to divide the money.
With Drew Brees back healthy, the New Orleans Saints are free to work on the little things that can make the difference between a Super Bowl run and something less.
AUG 29 Everyone who cares about Louisiana should take time to peruse this story about coastal loss from Bob Marshall of The Lens. It's not enough to call it a story; it's an interactive experience packed with data and amazing graphics, timelines, history, photos and excellent writing. Set aside some time, because you can't go through this one in a few minutes.
JUN 29 This bizarre story from the Advocate on the shooting of a Baton Rouge television personality reads like the script of a soap opera - but not a good one. The allegations against him include sexual abuse of children, including the alleged shooter, and a sham immigration marriage involving his own daughter. The other side? He was a chaplin for the Sheriff's Office in Baton Rouge and preached in a local church.
AUG 29 Here's a story from CBS News about a killer amoeba found in the water system of St. John the Baptist Parish. The story made all three networks (CBS, ABC, NBC) as well as Fox "News," although they have not yet found out how it is Obama's fault. Seriously, the good news is that so far officials know of no one sickened by the water.
AUG 29 Huffington Post has a blog called Love Letters, which is grandly described as "an anthology of reflections on places the world over." This entry is from LSU Football Coach Les Miles, who, it appears, loves Baton Rouge. (Of course he does; he's a rich straight white man.) And certainly Baton Rouge loves him - unless he loses (ask Curley "Golden Flake" Hallman about that) or leaves (ask Nick Saban).
AUG 29 Blogger Bob Mann comments here upon Governor Bobby Jindal's federal lawsuit about Common Core. Mann calls it a "thinly veiled campaign document" and that might be the nicest thing he says in this post. Most troubling for Jindal and his aspirations, Mann has unearthed what Bobby said just a few years ago when he first decided to shove Common Core down our throats.
AUG 29 Blogger Tom Aswell has several developments here related to the so-called Edmonson amendment. The most entertaining one is possibly Tom's acknowledgement that a State Police official is (allegedly) calling the bloggers covering the story some colorful names. Listen up, cowboy: You really think two veterans like Tom Aswell and CB Forgotston care if you call them idiots?
AUG 29 Gotta love those journalists who write something with the enthusiasm that implies they're the first one to figure something out. Mostly, they're not. This is one of those times; the post on Slate Magazine says that Bobby Jindal's Common Core lawsuit is a political stunt. Well - Duh.
AUG 29 This story by WVLA tells us about a guy who got busted for speeding in Baton Rouge. Who cares? This guy took that infraction to new heights by going 129 miles per hour on Nicholson Drive. Poor fella - he probably has spent so much time sitting in Baton Rouge traffic he just had to cut lose.
AUG 28 As the controversy surrounding the Office of Group Benefits intensifies, blogger Tom Aswell gives us some background on the current problems. The OGB, which handles health insurance for current and retired state employees, is deep in the red since it was privatized by Jindal, and Aswell gives us the skinny: this great plan was designed by ALEC. The company handling it? Blue Cross Blue Shield of Louisiana - a longtime member of ALEC.
AUG 28 Blogger CB Forgotston has a concept for a new reality show: the wives of the "Dork Dynasty." That's the name that some troopers have given to State Police Commander Mike Edmonson and his inner circle. The ladies CB has picked for his cast are not just housewives, however, and the connections here are pretty interesting.
AUG 28 Blogger Ian McGibboney is writing about the strife in Ferguson in this post, and articulating what many people down south are saying. There's a fairy tale about how there's tons of racism in the South, but it's all hunky dory up North. (Really? Look again.)