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PORNOGRAPHY (The Secret Sin)
Pornography is one of the most pernicious and vile evils to enter the hearts and minds of mankind. It is not new; in fact it is one of Satan's most effective tools in bringing both men and women down since the beginning of history.
Though most men and women will not acknowledge this, pornography is very addicting and once the 'habit' of viewing it regularly has begun; it is VERY difficult to stop without the power of a repentant heart and the Holy Spirit.
It is a two sided evil that affects both men and women, both perpetrator and victim. It is by far a more serious problem with men, but women are by no means exempt from this demon's talons.
God meant from the beginning that one man and one woman should come together in marriage, and the act of sexual intimacy should be exercised only within that context. But, as Satan so often does, the 'counterfeit' to God's gift to man – sexual intimacy – was brought to bear in the form of pornography.
In earliest recorded history, we see pornography in the form of sexual gods and goddesses. Often these were merely 'images' of pornographic scenes etched in stone, marble, gold or other such materials.
Men and women 'worshiped' the gods and goddesses of sex both visually and physically. Priests and priestesses of these false gods were most often merely prostitutes in disguise.
Some of the more well know sexual gods were Inuus, Diana, Eros, Ishtar, Aphrodite, Venus, Baal, Moleck and list goes on. Every culture has their sex gods and goddesses. King Solomon clearly stated in Ecclesiastes 3 that, "There is nothing new under the sun."
The purpose of this message is not to recount the history of this evil, but to try to deal with the 'here and now' of how this sin affects men and women - both in and outside the Church of Jesus Christ.
As I mentioned earlier, the problem with pornography is primarily a problem for men. I will try to deal with the woman's issue later in this message.
Forty years ago, men had to sneak around movie reels with pornography on them – they were called 'smokers' or 'stag films' back then. Then there were the XXX shops, with small 'booths' that took quarters for a 3 minute 'clip' of a porn movie. Men would leave their workplace at the lunch hour and visit their local Sex shop for a few dollars' worth of 'pleasure' – then innocently go back to work. No one the wiser, right?
Next there came the video market, with easy to purchase and use video cameras and projectors. Video stores began to carry pornographic videos, so it became easier for men to walk in and rent a few porn movies, take them home and wait until late at night (usually after everyone – especially the wife) went to bed and then watch them.
Then pornography hit the jackpot – the Internet. Once the Internet became a 'commodity' among households, the purveyors of pornography no longer had to go looking for an audience – the audience came looking for them!!
As the Internet grew, so did the pornography industry, until today, it is the single, largest money generating computer based industry in the world.
The pornography industry is one of the largest money-making businesses the world has ever known. I don't have the figures, but more money is spent on pornography than on food, clothing and shelter for all persons in the United States combined. That is simply mind-boggling!
According to "Internet Pornography Statistics" - The statistics are truly staggering. According to compiled numbers from respected news and research organizations, every second $3,075.64 is being spent on pornography. Every second 28,258 internet users are viewing pornography. In that same second 372 internet users are typing adult search terms into search engines. Every 39 minutes a new pornographic video is being created in the U.S. It's big business. The pornography industry has larger revenues than Microsoft, Google, Amazon, eBay, Yahoo, Apple and Netflix combined. 2006 Worldwide Pornography Revenues ballooned to $97 billion. What would it be in 2011?? How much good could be done for the Kingdom of God with even a fraction of that wasted money?
This means several things. First of all, many Christian men are spending God given money and precious family time on a toxic evil. Rather than help feed a hungry child or purchase a Bible for a Bible-starved country, or being responsible and paying bills and putting food on their own tables men will spend money to satisfy their most evil kinds of lust – the lust of the eye, the lust of the flesh and the pride of life is not of the Father but is of the world. 1 John 1:16
Jesus said, "The lamp of the body is the eye. If therefore your eye is good, your whole body will be full of light. But if your eye is bad, your whole body will be full of darkness. If therefore the light that is in you is darkness, how great is that darkness!" (Matt 6:22-23). Meaning – once you have polluted your eyes – you are in deep, deep trouble.
Jesus also said, "And if your eye causes you to sin, gouges it out. It's better to enter the Kingdom of God with only one eye than to have two eyes and be thrown into hell, 'where the maggots never die and the fire never goes out.' (NLT Mark 9:47-48).
Most men don't realize just how evil pornography is. They think it is just a problem between them and God (Mano y mano). They think, "I know it isn't right, but I'm really not 'hurting' anyone, so as long as no one finds out, it's really not that bad." How utterly deceived men are who feel this way. And I will venture a guess that every Christian man who views pornography feels dirty and sinful after they have done so – and will ask God for forgiveness. They will not 'repent' (turn from the evil, not to return), but they will ask for forgiveness.
Some Christian surveys, among them Christianity Today, estimate that nearly fifty percent of Christian men have a problem with pornography. What is even more mind-boggling is the estimate climbs to fifty-five percent among Evangelical pastors.
I had a serious problem with pornography myself. It began when I was eight years old and I found some 8mm 'smoker' films under my father's bed. I didn't know what they were – I thought they were family films. So, I hooked up the projector and watched them. Even at that young age, I was mortified. I didn't know what to think – about my dad, about my mom – about sex! Nobody had even explained the 'birds and the bees' to me yet!
This horrible find began an addiction in me that would last through much of my adult life. Try as I might, I simply could not keep away from watching pornography for any real length of time.
I would make promises to the Lord, and do my best to 'stay away' from that fire, but I never really won the battle. I'm not sure why – probably because within my heart, I actually liked seeing those images.
Much has happened to me since those earlier years of my life. Today, I am virtually blind, and I can say with all honesty that I would rather stay blind for the rest of my life then to have that plague come back into my life. In a real sense, my eyes have been 'gouged out' and I would rather get to heaven blind than to have my eyesight back and fall into this hideous sin-life again.
Now, I do pray that I will get my eyesight back, and I believe that I have been totally delivered from the scourge of pornography. I hate it – and everything that it does to me, my poor wife and all the people in the world who are affected by it.
There is a peculiar problem in the area of pornography with teenage boys and girls and single young and older adults. The apostle Paul wrote (in his singleness) "It is good for a man not to touch a woman. Nevertheless, because of sexual immorality, let each man have his own wife, and let each woman have her own husband." (NKJV - 1 Cor. 7:1-2) Single people have a few alternatives to giving themselves over to pornography. First, and best, is to stay very close to the Lord, keeping an abiding relationship with Him and relying on the Power of the Holy Spirit to remain pure. Otherwise, they can burn with passion and try to fight this in their own strength. Few are successful here. Second, a single person can seek to marry so as not to deal with the problem of lust alone – as the apostle Paul recommended. Finally, what remains is much less desirable, but often the path taken by Christians today - a teen or single adult can give in to the lure and lust of the flesh and view pornography. Once this starts, it is very difficult to turn away from without sincere repentance and the help of God.
Many men who view pornography are married. Married to a woman to whom they made a vow – a covenant promise - to "Love and cherish", among other things, until death do they part. The Bible says the "marriage bed is undefiled." This means God looks on the act of making love within the context of marriage as a good thing. God invented sex, yes for procreation, but also as our deepest expression of the 'Oneness' between a husband and a wife.
Every time a man views pornography, he imbeds an image of fairy-tail sex into his brain. Then, he brings these images into his marriage bed with his wife – and the marriage bed becomes defiled. Men will often 'think' about what they saw on the pornographic films while 'making love' to his wife. Worse still, men will expect their wives to behave like these paid whores. Men will become so self-deceived that they think that 'real women' like sex this way. Nothing can be further from the truth. Subconsciously, men will often 'expect' their wives to behave in bed like the 'porn stars' and to do things that may be abhorrent to the wife. This is a gross evil on the part of the man.
Real women love intimacy and tenderness and love making that is passionate and pure of heart. A wife wants to know that her husband has eyes only for her and is satisfied with her love. All of this is polluted when pornography is introduced into a marriage.
Job said to his accusers, "I have made a covenant with my eyes; Why then should I look upon a young woman? For what are the allotment of God from above, and the inheritance of the Almighty from on high? Is it not destruction for the wicked, and disaster for the workers of iniquity? Does He not see my ways," (NKJV Job 31:1-4)
Solomon, the wisest man to ever live, wrote, "Drink water from your own well—share your love only with your wife. Why spill the water of your springs in the streets, having sex with just anyone? You should reserve it for yourselves. Never share it with strangers. Let your wife be a fountain of blessing for you. Rejoice in the wife of your youth. She is a loving deer, a graceful doe. Let her breasts satisfy you always. May you always be captivated by her love. Why be captivated, my son, by an immoral woman, or fondle the breasts of a promiscuous woman? For the Lord sees clearly what a man does, examining every path he takes. An evil man is held captive by his own sins; they are ropes that catch and hold him. He will die for lack of self-control; he will be lost because of his great foolishness." (NLT Prov. 5:15-23)
Jesus said, "You have heard that it was said to those of old, 'You shall not commit adultery.' But I say to you that whoever looks at a woman to lust for her has already committed adultery with her in his heart. (NKJV Matt 5:27-28)
Jesus is saying that the very act of looking upon a woman and thinking about having sex with her is tantamount to committing the act of adultery. We may think we are not actually 'doing' anything wrong by simply viewing pornography, but that is not the way that Jesus looks at it. I prefer His interpretation rather than my own (or someone else's) lame reasoning.
The apostle Paul wrote, "Now the body is not for sexual immorality but for the Lord, and the Lord for the body. And God both raised up the Lord and will also raise us up by His power. Do you not know that your bodies are members of Christ? Shall I then take the members of Christ and make them members of a harlot? Certainly not! Or do you not know that he who is joined to a harlot is one body with her? For "the two," God says, "shall become one flesh." But he who is joined to the Lord is one spirit with Him. Flee sexual immorality. Every sin that a man does is outside the body, but he who commits sexual immorality sins against his own body. Or do you not know that your body is the temple of the Holy Spirit who is in you, whom you have from God, and you are not your own? For you were bought at a price; therefore glorify God in your body and in your spirit, which are God's." (NKJV 1 Cor. 6:13-20)
Most men think that the women they are watching on the screen either one, enjoy what they are doing or two, are getting paid very well for their 'services.' While this may be true for a tiny fraction of the women seen in pornographic films, the vast majority of these women are actually slaves being forced to perform these lewd acts so that the men who control them can make all the money. In many countries of the world, including Russia (particularly), China, Thailand, Vietnam, Laos, Cambodia, Mexico, Brazil to name a few, young girls, (not even 'women' yet) are literally kidnapped and forced many times at gun-point to 'star' in pornographic videos. Others are drugged and become addicted, thus using their 'services' in exchange for their next 'fix' of drugs. For some women, their families are threatened with death or torture if the young girls do not comply. Many of these girls are only 11-14 years old – but made up to look older. There is a giant 'slave trade' that finances much of this business. Many of these young girls end up being killed by their slave-masters after their usefulness has expired. Men, think of your daughter or your wife being caught up in this web of iniquity. Understanding that Christian men are some of the pornography world's best customers!
Men think they can keep this sin a secret, but God says, "And be sure your sin will find you out." (Numbers 32:23)
When a wife or a girlfriend or fiancé finds out that 'her' man has looked at pornography longingly, she is demeaned, broken, violated and literally 'stabbed in the heart' by the man she loves. She feels worthless, ugly, insufficient, used and abused, cheated on and abandoned. No woman can compete with the highly-paid, or labor-forced, drop-dead gorgeous women who 'star in pornography films. Thus, the woman in the man's life feels empty and, hurt and eventually – very angry.
"God's will is for you to be holy, so stay away from all sexual sin. Then each of you will control his own body* and live in holiness and honor — not in lustful passion like the pagans who do not know God and his ways." (NLT - 1 Thes 4:3-5)
Now we come to the woman's side of this sinful world. There are a 'few' women who actually think that being a 'porn star' is a glamorous occupation. There are VERY few of these types of women. Many more go to New York or Hollywood with the dream of being an actress and find the 'starting price' is working as a porn star 'for a while.' The problem is – the 'while' never ends, and before they know it, they have been caught up in the web of lies, drugs and wickedness. I don't really want to address these women here. Theirs is a unique problem.
Rather, I would like to address the Christian women who watch pornography in an effort to 'appease' their husbands or boyfriends. There are not many of these types of 'Christian' ladies – and the ones who do such things are guilty of the same things as men as described above.
A much more subtle problem can exist among Christian women that can exacerbate men giving them their 'needed excuse' to view pornography.
Women can use their bodies as a tool to get what they want – or to 'punish' their husband for any number of reasons. If a Christian woman feels she is being 'neglected' emotionally, she often shuts down sexually with her husband, feeling that since he is not meeting my needs, neither will I meet his. This can go on for long periods of time.
A husband who is deprived of sexual intimacy will often look for an outlet for his passions – and that will most often come in the form of viewing pornography.
A woman may also lose interest in sexual intimacy, and therefore not want to engage in it with her husband, no matter what he may be feeling. Again – being 'deprived', the husband will look for another outlet for his passions.
Women can also lose interest in taking care of themselves physically. The 'beautiful' wife that so-and-so married now looks like a harried old maid when her husband comes home from work. She makes no effort to look pleasing or appealing to her husband – as she once tried very hard to do. This is a 'cold shower' to a man coming home from a long day at work.
There is much that a woman can do to make herself physically and sexually appealing to her husband. But this takes WORK. And usually there is little desire to do this – especially if a wife is feeling neglected by her husband. But that does not give her an excuse to 'deny' intimacy or make it difficult. Husbands hate to beg their wives for sexual intimacy. Often, husbands 'try' to send out signals of their need, and may attempt to put together what they consider a romantic evening which may not be at all what the wife is in need of at that particular time.
Nevertheless, she should consider her husband's physical needs ahead of her own needs – for the moment. She should later express her own needs to her husband and pray that God will cause him to reciprocate in meeting the emotional needs of his wife.
Paul wrote (in his singleness) "It is good for a man not to touch a woman. Nevertheless, because of sexual immorality, let each man have his own wife, and let each woman have her own husband. Let the husband render to his wife the affection due her, and likewise also the wife to her husband. The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again so that Satan does not tempt you because of your lack of self-control." (NKJV - 1 Cor. 7:1-5)
Men can have the 'urge' for sexual intimacy at the most unusual times – sometimes these are very inconvenient times for the wife. However, a woman should learn to expect this, and "in her heart" be ready "in season and out of season." She should be willing to submit herself to her husband even if it is an inconvenient time. Sometimes this may be impossible or impractical so she should let him know that and make plans for intimacy later – but not too much later. Another 'cold bath' for a husband is when he has this 'expectation' of the reward (at the 'right time), and then the wife changes her mind – or 'gets a headache'. There were many times when my wife submitted to me sexually when she really did have a headache – that is truly laying your life down for another. She wanted to satisfy my desires even though she did not feel well. I should have been more considerate of her – and sometimes I was, but not always. Men are basically selfish creatures when it comes to sexual intimacy. A loving wife can even 'anticipate' these 'odd times' and 'surprise him by doing something totally out of her normal character. One time my wife did this for me. It was on Valentine's Day and what a surprise it was. I won't go into details but let's just say, she desired to keep the excitement in our marriage and she succeeded. I will never forget that day.
Women, get to know your husband and learn how to be creative with him without the use of pornography. God has given you the tools you need to satisfy your husband if you would learn to put him first in your life.
There are many things that a wife can do to satisfy her man. The most important of all these things is to pray, pray, pray and communicate regularly how you are (both) feeling. Regular, open and frank communications is one of the best remedies for a troubled marriage – and it is also one of the best 'vitamins' for a healthy marriage to stay that way.
A husband who has a real problem with pornography cannot deal with it alone. Though the wife's natural (and justified) tendency is to be angry and draw further away from her husband, if she wants her marriage to last, she must try to help him. Working together, with the Lord, (and sometimes with a Christian counselor), this enormous problem can be overcome. At this point some of you may be 'elbowing each other, thinking, if your spouse changes you would change as well. The blame-game begins - "If you have no concern for my needs, then I won't be concerned about yours," or "I wouldn't have done this if you didn't act like that." It's like a catch 22 syndrome, "I'll change if you'll change." If this is the case, both husband and wife need to stop and get on your knees together and ask the Lord for a fresh start.
Satan wants nothing more than to divide what God has brought together. Do not let the enemy have the victory in your life. We must overcome temptation and sin by the power of the Holy Spirit. And together, a husband and wife can defeat this hideous enemy.
If Satan cannot have the 'grand prize' – your soul, he is quite satisfied to take second prize – your effectiveness for the Kingdom of God – his great enemy. If Satan can render you unfruitful or unprofitable to the Glory of God, he has won a victory of sorts. And any man or woman who has a problem with pornography will lack the fullness of power that God wants to bring through the Christian's life. That life will be unable to bring to bear the victorious witness of a clean heart.
The apostle Paul writes about his own struggle with Sin in Rom. 7, "So the trouble is not with the law, for it is spiritual and good. The trouble is with me, for I am all too human, a slave to sin. I don't really understand myself, for I want to do what is right, but I don't do it. Instead, I do what I hate….So I am not the one doing wrong; it is sin living in me that does it. And I know that nothing good lives in me, that is, in my sinful nature. I want to do what is right, but I can't. I want to do what is good, but I don't. I don't want to do what is wrong, but I do it anyway….I have discovered this principle of life—that when I want to do what is right, I inevitably do what is wrong. I love God's law with all my heart. But there is another power within me that is at war with my mind. This power makes me a slave to the sin that is still within me. Oh, what a miserable person I am! Who will free me from this life that is dominated by sin and death? Thank God! The answer is in Jesus Christ our Lord.
"So now there is no condemnation for those who belong to Christ Jesus. And because you belong to him, the power of the life-giving Spirit has freed you from the power of sin that leads to death." (NLT Rom 7:14-8:2)
May the Lord give us the victory over sin as we abide in Him, for He is all our sufficiency. The answer to the problem is to constantly abide in the Vine. Without Christ, we can do nothing. Without the power of the Holy Spirit in our lives, we are as weak as milk-toast. So, put on the whole armor (Eph. 6:10-18) of God and stand ready to do battle with the enemy – and be victorious rather than live a defeated life as a slave to sin.
If this sin or lifestyle has plagued you and you would like to get rid of it – and cleanse your heart, pray this prayer with me to the Lord.
"Dear Jesus, I am a weak vessel and I have sinned against you and my wife (or husband). Please forgive me and 'Create in me a clean heart, Oh God and renew a steadfast spirit within me.' (Ps. 51:10). I repent of this sin in my life and I want to make a covenant with my eyes not to look upon any woman (or man) with lust in my heart, but only to have eyes for the wife (or husband) of my youth. I cannot do this alone, Lord, and I ask you to give me the power of the Holy Spirit in my life to be victorious in this area. Please help me, Oh God, I pray in the mighty name of Jesus Christ, Amen!"
If you prayed that prayer, I would strongly encourage you to seek a Bible teaching fellowship and some Godly support that can help you be accountable and victorious. May the Lord continue to bless you as you seek Him and desire to walk in His ways.
God bless,
Pastor Tony Marinelli
Sandwich, MA
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|This is a discussion on What poker software helps within the online poker forums, in the Poker Software & Tools section; I would like to say that I'm pretty good at live poker but totally suck online. I've tried over and over at it but failed.
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Physical Details: Photographic print : 1 item : b&w ; image 18 x 13 cm. on board 26 x 19 cm.
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Forms part of: Frank Vincent DuMond papers, 1866-1982
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LAST UPDATED : 5 Dec 2016, 00:21 IST
- Sex test: Doctor, nurse among five held in decoy ops
Jaipur: At a time when shortage of cash has become a serious problem due to demonetisation, the Pre-conception Pre-natal and Diagnostic Technique (PCPNDT) cell managed to conduct two decoy operations to nab accused of female foeticide. The operations involved around Rs32,000 in cash. Five persons, including a doctor and a government nurse, were arrested in this regard. The operations were successful after PCPNDT cell transferred money to its team members' bank accounts and they withdrew it from their accounts. PCPNDT cell requires at least Rs50,000 for decoy operation. The money is given to the accused and later the PCPNDT cell recovers the same notes from accused which is used as evidence in court. However, not all the money is spent on decoy operation. The remaining amount is again deposited to the PCPNDT cell. A decoy operation was conducted in Hanumangarh in cooperation with Haryana's PCPNDT cell. In Hanumangarh decoy operation, Rs22,000 cash was recovered from the three accused. It was Haryana's PCPNDT cell, which brought along with them Rs22,000 (new notes), which was given to accused and later the same notes were recovered from them. National Health Mission (NHM) director Navin Jain said, in Hanumangarh, the three arrested accused cheated people who wanted to know sex of a baby in the womb. They cheated people by disclosing sex of the unborn baby without conducting any specific test. In this case, they conducted a simple sonography test of the pregnant woman that costs Rs400 from Bikaner Imaging and Diagnostic Centre. In initial investigation, it was found that it was not a test which could reveal sex of unborn baby, it was just a simple sonography test. But, the three persons involved in it duped people of thousands of rupees, he said. A 20-year-old Sikandar Singh of Pilibanga in Sirsa district of Haryana was one of the accused in the case. He accompanied a pregnant woman and her aide (both were part of decoy operation) to Hanumangarh. He handed over them to another accused 22-year-old Saleem Khan. Later, Khan took them to 52-year-old Ramesh Sharma, who took the pregnant woman to Bikaner Imaging and Diagnostic Centre for sonography. PCPNDT cell in-charge Raghuveer Singh, who spearheaded the decoy operation, said that they had recovered Rs5,000 each from Sikandar and Saleem and Rs12,000 from Sharma. In another decoy operation conducted in Tonk, the PCPNDT arrested a government nurse Renu Devi posted in Banetha village of Uniyara block of Tonk district. The PCPNDT cell had received information, that the nurse was involved in sex selection activities. She got the sex selection test done in Agarwal Hospital. A doctor Ashwani Kumar, who conducted the sex selection test in Agarwal Hospital, has also been arrested. The PCPNDT cell has also recovered Rs5,000 from doctor and nurse, which were given to them by decoy (pregnant woman). They have seized sonography machine and records of the hospital.
- Soil testing on the risein district
Kolhapur: More farmers across the district are opting for soil testing, revealed a report from district soil testing and conservation office. This comes as good news on the occasion of World Soil Day — to be celebrated on Monday. According to the report, the office this year distributed as many as 2.01 lakh soil health cards (SHC) of which around 36,000 soil samples have been collected for testing. Last year, 1.81 lakh SHCs were distributed by the department and 25,900 soil samples were collected. Mahavir Latkar, district soil testing and conservation officer, said, "It's heartening to see farmers are willingly participating in soil testing so as to improve their lands soil texture." He added, "The general soil sample reading contains pH value of the soil, which lets the farmer know whether the soil is acidic, neutral or alkaline in nature along with its electrical conductivity, organic carbon, phosphorus and potassium content." According to Latkar, the initiative is a part of national scheme for agriculture development that is being modified at the state level. "Awareness is on the rise among farmers, who have to pay Rs 235 for the soil testing at the city-based laboratory. Testing of a sample may take a week, depending on availability of pending tests in the laboratory. In case we get higher number of samples there are private laboratories that too give sample reports on a nominal rate. The state government has granted around Rs 33 lakh for overall testing-related initiative," he said. Basavraj Mastoli, district agriculture officer, said the initiative to study overall soil fertility and assist farmers to use fertilisers effectively through SHCs began in 2011-12, when 251 villages offered soil samples for testing. "The initiative gathered steam and this year around 1,228 villages participated in the sampling. Farmers use fertilisers without scientific information about the soil health. Unnecessary use of chemical fertilisers makes soil infertile. Hence, soil samples bear utmost importance."
- Bone test not enough to fix age: SC
NEW DELHI: Holding that a medical test does not give an accurate finding regarding the age of a person, the Supreme Court has held that an accused cannot be declared a juvenile solely on the basis of ossification test result and allowed to evade a jail term. A bench of Justices AK Sikri and R Banumathi said that a blind and mechanical view regarding the age of a person could not be adopted solely on the basis of medical opinion, and it refused to give credence to a report of AIIMS medical board according to which two murder convicts were minors at the time of committing a crime in 1994. "Courts have always held that the evidence afforded by radiological examination is no doubt a useful guiding factor for determining the age of a person, but the evidence is not of a conclusive and incontrovertible nature, and it is subject to a margin of error. Medical evidence as to the age of a person, though a very useful guiding factor, is not conclusive and has to be considered along with other circumstances," it said. "It is a well-accepted fact that age determination using ossification test does not yield accurate and precise conclusions after the examinee crosses the age of 30 years, which is true in the present case," the court said. The court was hearing a plea of two convicts who, along with four others, were convicted and sentenced to life imprisonment in a murder case. The two convicts never raised the defence of their juvenility during the hearing in trial court and high court. When the matter reached the Supreme Court in 2014, the two convicts told the court that they were minors at the time of committing the crime and could not be sent to jail. Although the apex court agreed to examine the plea of the two convicts, it rejected the appeal of four other convicts and upheld their life imprisonment. As there was no documentary proof of their age, the court had asked AIIMS Delhi to conduct a medical test to ascertain their age. The report said that their age was between 35-40 years in May 2016. As per the procedure to calculate the age at the time of incident, their age would have been around 15 years. But the bench refused to rely on the findings saying "Court should not take a hyper-technical approach while appreciating evidence for determination of age of the accused." The court pointed out that the accused were involved in about two dozen criminal cases before they committed the murder and that they were produced in lower courts in many cases. It said that had they been minors then the lower court would have treated them accordingly and not as majors. "Had it been so, the appellant would have been considered as children by their appearance. They would have been dealt with accordingly by juvenile court and the matters would not have been kept pending till this date. This in our view is yet another reason that opinion of medical board cannot be relied upon," the bench said.
- Current Indian Test team has potential to succeed abroad: Dravid
"I am very impressed with the batting talent we have and they are growing, developing as a team, they still are figuring their way out. I hope by the time India tours abroad, we will have a settled batting line up, a sort of confident and successful middle order in place," Dravid said.
- Japan to test 'fishing mesh' to catch space junk
Space isn't so empty these days. Earth's orbit is cluttered with more than half a million bits of debris, mostly rocket and satellite remnants that can wreck anything in their flight path. A 106-year-old Japanese fishing net maker may have a solution. Nitto Seimo Co. is working with Japan's space agency to develop a mesh material to tether and drag bus-size pieces of space junk into the atmosphere for incineration. Scientists will get their first indication of whether the metallic line will work when it's tested in orbit next month, said project chief Koichi Inoue, an associate principal researcher at the Japan Aerospace Exploration Agency. The experiment is part of an international cleanup effort planning to safe guard astronauts and about $900 billion worth of space stations, satellites and other infrastructure relied on for tele communications, weather forecasting, Earth-monitoring and navigation. With debris travelling at up to 17,500 miles an hour (approx. 28,163kmph), the impact of even a marble size projectile can cause catastrophic damage as portrayed in the Academy Award-winning movie 'Gravity'. "We need to take action on this massive amount of debris," Inoue said at the JAXA campus in Tsukuba, north of Tokyo. "People haven't been injured by the debris yet, but satellites have. We have to act." Space faring nations around the world are pursuing different strategies for harpooning, sweeping, lassoing and dragging debris and redundant gear of varying sizes into the atmosphere for burning or into a so-called graveyard orbit, where they can't collide with operational equipment. Nasa's Hubble Telescope has a 1cm hole in one of its dish antennas, and solar panels have been cracked and chipped by tiny debris, according to its website. "There's a significant value to the industry of mitigating that risk," said Ben Greene, chief executive officer of Sydney-based Electro Optic Systems Holdings Ltd, which is developing land-based laser technology to track and alter the course of space debris smaller than a flat-screen TV .
- AIDS day: Need for reliable HIV tests
Those getting blood transfusion done at hospitals with donor's blood screened only through enzyme-linked immunosorbent assay (ELISA) test, could be in for trouble as studies show that they are still vulnerable to contact infections like HIV , Hepatitis B and Hepatitis C.
- WHO proposes HIV self-test with kit, India to study move
The World Health Organisation (WHO) for the first time has recommended HIV self-testing in the privacy of one's home using HIV kit. Though India currently does not allow such self-tests, the UN agency's guidance has prompted the health ministry to evaluate the proposal.


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OECD/Tax reforms06 Oct 2015
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OECD releases template for global corporate tax reforms
The Organisation for Economic Co-operation and Development, following a two-year study, published its final recommendations on how to curb aggressive tax avoidance by many multinational corporations on Monday, citing the backing of 60 countries accounting for over 90% of the global economy.
According to "extremely conservative" estimates by the OECD, big global companies are increasingly moving profits overseas at a pace of $100bn to $240bn annually - equivalent to between 4% and 10% of global corporation tax revenues.


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Where should you buy tianeptine sodium?
Tianeptine is available from the following vendors:
- BlueBrainBoost
- TianeptineStore
- Nootropics Depot
- NewMind (owned by LiftMode)
Read on for a comparison between these tianeptine sources.
Tianeptine sodium, tianeptine free base, and tianeptine sulphate have only become available for purchase online in the last five years. So this is a recent phenomenon.
If you're unfamiliar with tianeptine, it's a tricyclic antidepressant marketed in Europe under the brand name Stablon. Although tianeptine sodium is a prescription drug in Europe, in many parts of the world it's unregulated and can legally be imported. In the US, for exmaple, tianeptine is legal to import and use as a dietary supplement. But it's a bit of a legal grey area, and the regulatory environment could change at any moment.
Legislators in the UK just passed an amendment to the psychoactive substances bill that essentially bans nootropics, including innocuous substances like piracetam.
Buying Tianeptine Online
Purchasing tianeptine online is a straightforward process. The only complication that can arise in some cases is that tianeptine is seized or returned to the sender by customs. But these cases are outliers. For the most part, ordering tianeptine is uneventful.
The factors you should consider when buying nootropics online are price, quality control, shipping fees, customer support and fulfillment time. I've ordered from all of these vendors at one time or another and can attest to their reliability. (Full disclosure: this website is affiliated with BlueBrainBoost.)
|**Cost (quantity)**
|**Quality Control**
|[BlueBrainBoost](https://www.bluebrainboost.com/p/tianeptine)[![Bluebrainboost buy tianeptine](http://www.brainprotips.com/content/images/2016/01/tianeptine-mockup-cropped-1-150x150.png)](http://www.brainprotips.com/content/images/2016/01/tianeptine-mockup-cropped-1.png)
|$8.00 (1g)
|Free over $20
|Independent lab analysis ([COA](https://www.bluebrainboost.com/content/images/2015/08/BBB-tianeptine-COA.pdf))
|Dedication to customer service
|$15.80 (1g)
|Ships from the UK
|Independent lab analysis (COA can be provided)
|New kid on the block, but boasts some interesting perks
|$11.99 (1g)
|Free over $20
|Independent lab analysis (COA unavailable)
|Widest selection of products, but packaging is lower quality
|Nootropics Depot [![Nootropics Depot tianeptine](http://www.brainprotips.com/content/images/2016/01/nootropicsdepot-tianeptine-150x150.jpg)]
|$11.99 (1g)
|Free over $50
|In-house HPLC
|Fantastic packaging
|Ceretropic [![Ceretropic tianeptine](http://www.brainprotips.com/content/images/2016/01/ceretropic-tianeptine-150x150.jpg)]
|$11.99 (1g)
|$5 (USPS first class)
|In-house lab analysis
|Innovative brand, fantastic packaging
|$11.88 (1g)
|Independent lab anaylsis ([COA](https://newmind.com/media/wysiwyg/lab_analysis/Tianeptine_sodium_COA_Colmaric_Complete_NM_Batch_20150129.pdf))
|Owned by LiftMode, run by really nice people
How Do You Ensure You've Received Legitimate Tianeptine?
Tianeptine sodium is a white, fluffy powder. It tastes bitter with an unpleasant, plastic aftertaste.
Tianeptine is also highly hygroscopic. This means that it absorbs moisture from the air very readily. Pharmaceutical desiccant packets should be added to a jar of tianeptine to preserve its shelf life. The silica gel in dessicant is even more hygroscopic than tianpetine, so it will suck water from tianeptine and the surrounding environment. If you store tianeptine without dessicant, it will eventually degrade and turn into a paste.
Dessicant packets for pharmaceutical use is available from ULINE.
Tianeptine Degradation
Tianeptine sodium is a sensitive salt that easily degrades. Tianeptine will begin to degrade when exposed to moisture, light, and heat. One study reported that tianeptine is most sensitive to light. So if you want to preserve the shelf life of your tianeptine, store it in a dark, cool environment and limit it's exposure to the air.


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Located in Deira, Auris Hotel Apartments Deira is within 2 miles (3 km) of popular attractions such as Deira City Centre and Gold Souk. This 140-room aparthotel welcomes guests with conveniences like a restaurant, an outdoor pool, and free in-room WiFi. Located in central Dubai, the aparthotel is also near Dubai Creek and Dubai Tennis Stadium.
Enjoy a leisurely bite to eat at Auris Restaurant, the aparthotel's onsite restaurant. Satisfy your hunger from the comfort of your room with room service. For your convenience, breakfast is available for a fee.
The 140 soundproofed apartments feature kitchens. Guests can expect free WiFi and 32-inch flat-screen TVs. Bathrooms have free toiletries and bathrobes. Safes are also standard.
Property features
At Auris Hotel Apartments Deira, guests have access to an outdoor pool, a rooftop terrace, and free WiFi in public areas. If you drive, self parking is AED 20 per night, or you can take advantage of the airport shuttle for AED 100 per person one way. Front-desk staff can assist with dry cleaning/laundry, concierge services, and luggage storage. This aparthotel also has laundry facilities.
- Free WiFi in rooms and public areas
- Onsite dining
- Outdoor pool
- Rooftop terrace
Auris Hotel Apartments Deira
Hotel Amenities
Hotel Amenities
The aparthotel offers a restaurant. High-speed wireless Internet access is complimentary. Event facilities measure 0 square feet (0 square meters). This Dubai aparthotel also offers an outdoor pool, a rooftop terrace, and concierge services. Onsite parking is available (surcharge).
- Total number of rooms - 140
- Breakfast available (surcharge)
- Dry cleaning/laundry service
- Elevator/lift
- Front desk (limited hours)
- Airport transportation (surcharge)
- Free WiFi
- Rooftop terrace
- Luggage storage
- Laundry facilities
- Babysitting or childcare
- Concierge services
- Restaurant
- Self parking (surcharge)
- Conference space size (feet) - 0
- Conference space size (meters) - 0
- Outdoor pool
Family Friendly Amenities
- Outdoor pool
- Free Wi-Fi
- Soundproofed rooms
- Kitchen
- Laundry facilities
- Babysitting or childcare
- Refrigerator (on request)
- Microwave (on request)
Available in all rooms: Free WiFi
Available in some public areas: Free WiFi
Self parking (surcharge)
Room Amenities
Auris Hotel Apartments Deira offers 140 air-conditioned accommodations with safes and bathrobes. Accommodations all include kitchens. Bathrooms include shower/tub combinations and complimentary toiletries.
This Dubai aparthotel provides complimentary wireless high-speed Internet access. Flat-screen televisions are featured in guestrooms. Microwaves, refrigerators, and irons/ironing boards can be requested.
- Refrigerator (on request)
- Microwave (on request)
- Kitchen
- Private bathroom
- Bathrobes
- Free toiletries
- Hair dryer (on request)
- Shower/tub combination
- In-room safe
- Iron/ironing board (on request)
- Flat-panel TV
- Free WiFi
- Air conditioning
- Soundproofed rooms
- Room service
Where to Eat
Auris Restaurant - Onsite restaurant.
Room service is available.
Nearby Things to Do
Recreational amenities at the aparthotel include an outdoor pool.
Hotel Policies
Check-in time starts at 3 PM
Special check-in instructions:
Check-out time is noon
Payment types
Children and extra beds
- Children are welcome.
You need to know
Extra-person charges may apply and vary depending on property policy.
Government-issued photo identification and a credit card are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
- Tourism fee: AED 10.00 per accommodation, per night
Optional extras
- Breakfast fee: AED 50 per person (approximately)
- Airport shuttle fee: AED 100 per person (one way)
- Self parking fee: AED 20 per night
Hotel Name
- Auris Deira
- Auris Hotel Apartments
- Auris Hotel Apartments Deira
We should mention
This property offers transfers from the airport (surcharges may apply). Guests must contact the property with arrival details before travel, using the contact information on the booking confirmation. Only registered guests are allowed in the guestrooms.


text:
This product has been discontinued
But, there are similar products
Apple LED Cinema Display 24 inch LCD Monitor MB382LL/A Reviews
- Other Computer Monitors:
- Average: 4.4
- High: 5.0
- Brand:
- Apple
- Model:
Read 3 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 3 customers
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Comments about Apple LED Cinema Display 24 inch LCD Monitor:
I got an Apple Cinema display at work a few months ago and love it. The resolution is fantastic at 2560x1440 - more screen real estate means more efficiency to get tasks done. There are some really cool features such as built-in speaker, auto-adjusting brightness based on ambient lighting, firewire and USB ports, etc. One of the best features to me is that all you connect is power, displayport, and USB - that's it. Fantastic quality but it is a bit spendy (worth it to me).
Comments about Apple LED Cinema Display 24 inch LCD Monitor:
I wanted to get a Mac, not a PC. The intel-chip based 24-inch iMac was a fairly good deal at the time. Set up was very easy, "right out of the box" as they say. I wanted it to fit in an indentation I had for my desk. I must have measured wrong, because the iMac was so big that it didn't fit in the spot I had reserved for it. Nonethe less, I placed it on top of the desk so it sits a bit closer to my eyes that I'd like it to be. What an awesome display! My friend who came over were shocked at its size. (I guess I didn't need the 27-inch, but we have larger ones at work). The sound is excellent the design is beautiful; it's really a work of are just sitting on your desk. But I bought it to use it and have used it heavily every day for two years straight. But here's an important tip...
Buy the AppleCare warranty. You won't regret it. And, be sure to back-up anything valuable to you, like documents, photos, music and the like. Why? Because my hard drive gave out after two years. And while Apple replaced the hard drive free of charge, they could not, sadly, save the contents of my hard drive. Now I had backed up much of what I had on there, but not all, so be sure you back things up!
Other than that, I will always rely on Mac products as I've been using them for the past 20 years.
Comments about Apple LED Cinema Display 24 inch LCD Monitor:
First of all, this display is almost exclusively for Mac users for a number of reasons, so for a PC monitor I would certainly look elsewhere. It is not impossible to connect to a PC, you only need a DisplayPort adapter, but they are expensive too. If you already own a Mac with this port, you will definitely enjoy this monitor. As an added convenience, it includes a MagSafe port to charge your Macbook. It also includes an iSight webcam (same quality as the ones included in MacBooks and iMacs), microphone, stereo speakers and a 3 port USB hub.
The monitor itself is beautiful but not flawless. It does have great colors and great contrast, mostly due to its glossy screen, which can be annoying to many people. If you have a window behind you or have ever noticed glare problems don't switch to this monitor. On the other hand, if you have an ideally lit workspace, you will find this to be one of the best displays if not the best you have seen.
The price is certainly high, although a much better value than the 30 inch Cinema Display which costs over twice as much. These days, however you might be able to get a better price or a refurbished unit since the 27 inch has already replaced this 24 inch model. At a reduced price this is definitely a must-have for Mac users.


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I have a 2001 xr650l. I put on the supertrapp quiet core and a k&n air filter. I rejetted from 152 to 155. Plug reads slightly on the lean side of chocolate. (more tan than white) Bike runs very good. I would have gone to 158 except that I was told these bikes were designed to run really lean. I'm only questioning my decision after reading other posts talking about 165 jets. Question: Given the plug reading (done WFO through the gears and then killed and checked) and the fact that it runs great, do you think my slightly lean reading is fine?
Started by Dangerous_Dana , Jun 14, 2002 06:52 AM
6 replies to this topic
Posted June 14, 2002 - 08:25 AM
What kind of riding do you do? For most trail riding, I'd say that you'd be ok. For desert work, jet rich to be safe. Gulf coast is Texas?
Posted June 14, 2002 - 09:48 PM
Some trail riding. Mostly back roads mostly paved, some dirt, very seldom over 75mph. Lots of wheelies, but that's probably less than 3/4 throttle. I really never run the crap out of it. My bike probably has twice the miles it shows on the odo. The hardest wear and tear on my bike is on the front wheel, when it touches down at 65mph. Gulf coast for me is the Mobile bay area in AL.
Posted June 14, 2002 - 12:41 PM
Should've asked before, but what are you running for a pilot? If that is still stock, I'd go up size or two on that too. I don't think XR's run better lean, that's the way the EPA makes them come jetted to meet emissions. I think even stock you'd benefit from jetting up.
Posted June 14, 2002 - 03:57 PM
Dana, How do you like the supertrapp? I am trying to decide on a muffler for my "L". How loud is it? I am in South Ga, so my jetting should be identicle to yours? Thanks-Robert
Posted June 14, 2002 - 07:32 PM
If your bike runs great, and the plug is tan, your fine. I run a 52 pilot and 155 main with stock exhaust. I'm thinking of trying a 158 main...just for the heck of it. A lot of guys that run 160-165 main jets use dyno jets. They have different flow characteristics (at least according to dyno-jet). I think with genuine Keihin jets that would be overly rich.
Posted June 16, 2002 - 05:29 AM
When my bike was stock, it popped a lot during off throttle deceleration. It runs perfectly now. Once the bike is hot, not just warm, but hot, It doesn't pop or hesitate or anything. I got a little power increase from the pipe and even less increase from the filter, but the sound is great. I opted for the quiet core after reading several posts stating that the other supertrapp was WAY TOO LOUD. The quiet core is louder than stock, but I can still run it WFO through the gears with a city cop within ear shot. It really sounds good. I think I'll keep the current jetting. In my experience, a tiny increase goes a long way. White is bad, tan is good, and my reading is in between, but much closer to tan. I will check it again after the pipe is a little older. I'm sure it will blow/burn a little of the packing out which should further reduce back pressure. However, I think those tiny diameter stock headers are the real restrictors.
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Hotels in Champillon, France
Search & Compare Champillon Hotels
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Trending now in Champillon
Hotels in Champillon
- Most bookedLe Royal Champagne
5 people looked at this hotel in the last hour
Hotels within 5 miles of Champillon
195 people looked at this hotel in the last hour
Most recent review
"Everything about this hotel was absolutely top notch! The service, the morning breakfast and the accommodations. Very very lovely! And, close to everything in Epernay. Already looking forward to our next visit."
A Traveller, Aug 2016, US
24 people looked at this hotel in the last hour
Most recent review
"Very useful address for an overnight stay. Basic rooms a little small for a longer stay."
A Traveller, Nov 2016, GB
18 people looked at this hotel in the last hour
Most recent review
"Very comfortable room (bed and shower, especially). Convenient location (close to LIDL grocery store) and town. Nice view from upper floors. Friendly, helpful staff. Would stay here again."
A Traveller, Oct 2016, US
13 people looked at this hotel in the last hour
Most recent review
"Clean friendly hotel and very easy to find. Just what we needed for our overnight stop in our way south. My son especially loved the bunk bed! Very easy walk into town for bars and restaurants for dinner too. Would recommend for a cheap, comfortable one night stop. "
A Traveller, Aug 2016, GB
12 people looked at this hotel in the last hour
Most recent review
"Typical ibis, nothing flash but great value for one or two nights. Wifi ok. Breakfast buffet good. Location excellent but in the centre of town so it's not pretty! There is a small car park opposite that's free for overnight stays. Easy walk to champagne avenue and plenty of bars and restaurants ..."
A Traveller, Jun 2016, GB
11 people looked at this hotel in the last hour
Most recent review
"great location for the champagne houses, and close to town all walkable ."
A Traveller, Oct 2016, US
10 people looked at this hotel in the last hour
Most recent review
"We selected this for an overnight stop between Switzerland and Calais but plan returning for a long weekend to revisit the Champagne area. It is perfectly situated on close to the many Champagne houses in Epernay and on the scenic Cahampagne route and adjacent to the vineyards. The staff were ver..."
A Traveller, Mar 2016, GB
8 people looked at this hotel in the last hour
Most recent review
"The hotel was not pleasantly situated but our room was adequate,clean and comfy. The food and service in the restaurant was great"."
A Traveller, Jun 2015, GB
7 people looked at this hotel in the last hour
Most recent review
"Nice hotel, very nice view of vinyard from window.clean rooms, comfortable beds, We asked for an extra pillow as the pillows were very soft. The staff had the pillows in room when we returned from dinner. Décor is plain (modern?). The breakfast was average, typical French continental breakfast no..."
A Traveller, Sep 2016, GB
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The Spotted Pig
The Spotted Pig
|Venue name:
|The Spotted Pig
314 W 11th St
New York
|Cross street:
|at Greenwich St
|Opening hours:
|Mon–Fri noon–2am; Sat, Sun 11am–2am
|Subway: A, C, E to 14th St; L to Eighth Ave
|Average main course: $15. AmEx, MC, V
|Do you own this business?
Average User Rating
4.8 / 5
Rating Breakdown
- 5 star:3
- 4 star:1
- 3 star:0
- 2 star:0
- 1 star:0
There's a reason this place is a Critic's pick. They've gotten a lot of things right: the layout accommodates a bar scene + proper dining; the food is delicious; the drinks are strong; and the crowd is typical of West Village. Be prepared to wait a while if you don't have reservations though! There's a bar upstairs and down, FYI ;-)
The burger, yes, is wonderful, but their breakfasty brunch items are a treat too. And hot tip: arrive at 11am on a weekend and you'll be seated almost immediately.
The burger here was immense. Juicy, packed with flavour, and topped with a wonderful blue cheese. The skinny fries really are what they say - skinny - they are basically skinny potato chips. Although they are nice, they are a little greasy and difficult to eat without making a huge mess. Unfortunately I didn't see Taylor Swift when I was there, but this place really lives up to its hype - a cool little joint!


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Ed Brown Executive Target, 5 inch, 38 Super, Gen IV Coating, Adjustable Target Sights - Limited
|The Ed Brown Executive Target in 38 Super is a limited run pistol from Ed Brown. Brand new and no longer available to us at this time. These pistols feature the new more aggressive Chainlink III checkering, Gen IV coating, adjustable target sights, and a single side thumb safety. The new Gen 4 finish is the latest evolution of polymer coating technology. Currently in use by several military units, the Gen 4 finish offers the best wear resistance and corrosion protection known to date.
There have been no reviews


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Paper Mache Spaghetti Strand and Seed Pearl Studio Brooch is a fun by the sea modernist piece of wearable art. It is signed on the back. I can make out the last name which is Ravitz. It measures 2 1/8 by 1 3/4 inches.
We offer the best in all things Vintage, We now offer payment via the SQUARE.
We are starting my Summer Sale Season, all reasonable offers are considered on older items. Come see us if you are in NYC.


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Pair of Chinese Ming Dynasty Painted Pottery Tiles - Lotus Buds
Directory: Antiques: Regional Art: Asian: Chinese: Pottery: Pre 1700: Item # 1328515
Please refer to our stock # MA010 when inquiring.
View Seller Profile
Brighton, Sussex,
United Kingdom
Tel: 01273 622152
Guest Book
This attractive and unusual pair of pottery tiles was made during the Ming Dynasty (1368 - 1644). They are made from a dense, quiet highly-fired grey pottery and feature lotus buds just about to open. The details are particularly elaborate. The tiles have been "cold painted" in various brightly-coloured pigments, very good traces of which still remain. In places on the surface are traces of ancient plant/root growths.
The height of each tile is approx. 26.5 cm (10.5 inches), depth 11.5 cm (4.5 inches). Condition is very good although, as in invariably the case with such tiles, there is some surface wear and chips to the edges although there is no restoration or repair.
See also our other pair of very similar tiles, stock number MA009.
*** TO ORDER THIS ITEM PLEASE EMAIL US QUOTING OUR STOCK NUMBER (see above) - WE SHALL THEN EMAIL YOU BACK WITH POSTAGE COSTS AND PAYMENT INSTRUCTIONS ***
*** FOR FULL DETAILS OF OUR GUARANTEE AND PAYMENT OPTIONS, PLEASE CLICK ON "Buying from us - All you need to know" ON OUR HOME PAGE ***


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March 31, 2010
UNITED STATES OF AMERICA, PLAINTIFF,v.BRANDON LIGGANS, DEFENDANT.
This case was referred to the undersigned by the Hon. William M. Skretny, in accordance with 28 U.S.C. § 636(b)(1), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #16.
The defendant, Brandon Liggans, is charged in a three-count Indictment with having violated Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(D) (Count 1) and Title 18, United States Code, Section 924(c)(1) (Count 2). Dkt. #1. The defendant also faces a forfeiture count (Count 3) pursuant to Title 18, United States Code, Sections 924(d) and 3665*fn1, and Title 28, United States Code, Section 2461(c). Dkt. #1.
Presently pending before this Court is the defendant's omnibus motion for discovery (Dkt. #17). In addition to the requests for discovery set forth in the instant motion, the defendant has sought the suppression of physical evidence and statements. Dkt. ##17 and 19. This Court's Report, Recommendation and Order with respect to the motion to suppress will be considered and filed separately. The government has filed its response to the pending omnibus discovery motion, as well as a motion for reciprocal discovery. Dkt. #18. Each of the defendant's requests and the government's responses will be separately addressed below using the headings set forth in the defendant's motion.
In its response to the defendant's broad discovery requests, the government states that, it provided, pursuant to voluntary discovery[,] material presently within its possession that is within the purview of Rule 16 and in compliance with Rule 12(b)(4)(B). Additional discovery will be provided under a separate cover and the government is aware of its ongoing discovery obligations.
The government has made an additional request of law enforcement and will provide additional materials voluntarily.
Dkt. #18, p.11. In addition, the government further states that "pursuant to Rule 12(b)(4) the government intends to use all items that the defendant has been provided with or been made aware of as part of the government's case in chief." Id.
"Discovery Pursuant to Federal Rules of Criminal Procedure Rule 12 and 16"
The defendant seeks the production of documents and evidence within the following twelve categories.
1. Defendant's Statements
By this request the defendant seeks copies of any written or recorded statements and the substance of any statement made by the defendant (written or oral) to a government agent. Dkt. #17, p.3. In addition, the defendant seeks the production of any statements which may have been secretly recorded and any agent's summaries concerning the substance of defendant's oral statements. Id. In its response, the government states that all written and recorded statements of the defendant have been provided or will be provided, as well as the substance of any oral statements made by the defendant before and after his arrest in response to interrogation by any person known to the defendant to be a government agent. Dkt. #18, p.11. Accordingly, based on the representations made by counsel for the government, that such statements have been provided or will be provided to the defendant, defendant's request is denied as moot.
2. Defendant's Prior Criminal Record
This request seeks the production of the defendant's prior criminal record and any prior similar or bad acts which the government intends to introduce at trial. Dkt. #17, p.4. The Court notes that in a separate section of his omnibus discovery motion, the defendant seeks an "advance ruling pursuant to Federal Rules of Evidence 403(b) and 609 prohibiting the Government's use of prior convictions or proof of the prior commissions of other crimes, wrongs or acts either in its direct case or to impeach the Defendant." Dkt. #17, p.5. In its response, the government states that not only does the defendant have full knowledge of his criminal history, but the government has previously provided to the defendant copies of his arrest records. Dkt. #18, pp.13 and 15. In addition, the government further states that should the defendant testify at trial, the government will use whatever convictions the trial court determines are admissible to attack the defendant's credibility. Dkt. #18, p.15. Generally, with respect to the defendant's request concerning "other acts" evidence, the government states that it "will advise the defendant of its intent to use "other acts" evidence pursuant to Fed. R. Evid. 404(b), or its intent to offer evidence pursuant to Fed. R. Evid. 608(b) and 609, at the time it is ordered to do so by the district court or consistent with its disclosure of Jencks material." Id. Accordingly, that portion of defendant's request relating to his criminal history report is denied as moot. Moreover, based on the representations made by counsel for the government, defendant's request concerning "other acts" evidence is also denied as moot. The Court will separately address below, the defendant's request for "an advance ruling on the admissibility of such evidence."
3. "Documents, Consents to Search and Tangible Evidence"
By this request the defendant seeks the production of any documents, consents to search or tangible objects including guns and drugs seized which the government intends to use at trial, or is material to the defense or was obtained from the defendant. Dkt. #17, p.4. The government states in its response that it "has made available all tangible objects obtained pursuant to search warrants or otherwise and will make available photographs material to the preparation of a defense or intended to be used as evidence-in-chief at trial or obtained from or belonging to the defendant." Dkt. #18, p.12. In addition, the government further states "the defendant is apprised that he can examine such material pursuant to Rule 12(b)(4)(B), such evidence shall be used by the government against them [sic] at trial." Id. Accordingly, based on the representations made by counsel for the government, that the defendant has been made aware of or has been given access to all documents and tangible evidence, defendant's request is denied as moot.
4. "Physical and Mental Examinations, Scientific Reports, Tests or Experiments"
The defendant seeks the production of "all physical examinations, mental examinations, scientific reports, tests or experiments and all findings, scientific or technical data upon which such reports are based." Dkt. #17, p.4. In its response, the government states that,
[t]he results and reports of physical and mental examinations and of scientific tests and experiments made in connection with the case have been made available to the defendant, have been provided, or will be provided. If any further reports are forthcoming, they will be provided upon receipt by the government.
Dkt. #18, p.12. Accordingly, based on the representations made by counsel for the government, that such reports have been made available to the defendant, have been provided or will be provided to the defendant, defendant's request is denied as moot.
5. Jencks, Brady and Giglio Material
In three separately lettered requests, the defendant seeks the production of all Jencks Act material, Brady material and Giglio material. Dkt. #17, p.4. Specifically, the defendant requests the production of the statements of any known co-conspirators, any "negative exculpatory" statements, and any evidence that could be used to impeach government witnesses. Id. at pp.4-5. In its response, the government acknowledges its affirmative, continuing duty to provide the defendant with exculpatory evidence, as well as evidence that the defense might use to impeach government witnesses at trial. Dkt. #18, pp.13-14. In addition, the government further states,
[i]n the instant case, the government agrees to provide impeachment Brady material, i.e., promises of leniency or immunity agreements with government witnesses, plea and/or non-prosecution agreements and letter or memorandum of understanding regarding such, criminal arrest records of all prosecution witnesses, immoral, vicious or criminal acts committed by witnesses, prior inconsistent statements, and payments to witnesses or family members thereof, and all other promises or considerations given by government personnel to government witnesses or family members thereof, in accordance with the schedule set by the District Court prior to trial and no later than when the government produces and delivers the Jencks Act material in this case.
Dkt. #18, p.14. Specifically, with respect to the production of Jencks Act material, the government further states that it will provide to the defendant all the material required to be provided pursuant to Title 18, United States Code, Section 3500, at a time "no later than two weeks prior to trial or as ordered by the District Court." Dkt. #18, p.16. Moreover, the government has agreed that it will provide the grand jury testimony to the defendant at the same time it produces the Jencks Act material. Id.
"[A]s a general rule, Brady and its progeny do not require immediate disclosure of all exculpatory and impeachment material upon request by a defendant." United States v. Coppa, 267 F.3d 132, 146 (2d Cir. 2001). The prosecution is obligated to disclose and turn over Brady material to the defense "in time for its effective use." Id. at 144. With respect to impeachment material that does not rise to the level of being Brady material, such as Jencks statements, the prosecution is not required to disclose and turn over such statements until after the witness has completed his direct testimony. See 18 U.S.C. § 3500; Fed. R. Crim. P. 26.2; In re United States, 834 F.2d 283 (2d Cir. 1987). However, if the government has adopted a policy of turning such materials over to the defendant prior to trial, the government shall comply with that policy; or in the alternative, produce such materials in accordance with the scheduling order to be issued by the trial judge.
Based on the representations made by counsel for the government as to its obligations under Jencks, Brady and Giglio and the revelation that the government has adopted a policy of turning such information over to the defendant prior to trial,the defendant's request is denied as moot, and the government is hereby directed to comply with that policy, as well as the Second Circuit Court of Appeals' holding in United States v. Coppa, 267 F.3d 132 (2d Cir. 2001) and United States v. Rodriguez, 496 F.3d 221 (2d Cir. 2007) by making timely disclosure of the aforementioned materials to the defendant.
6. Identity and Address of Government Informants
The defendant requests the disclosure of the identity and addresses of the confidential informant(s) who were witness to or participated in the criminal transaction. Dkt. #17, p.5. In its response, the government states that the disclosure of the requested information is "unwarranted." Dkt. #18, p.17. More specifically, the government states,
[h]ere, the defendant has not made any showing sufficient to establish that the informant's testimony or identity is significant to determining the defendant's guilt or innocence in this matter and further, the confidential informant's testimony is not relevant to the guilt of the accused. Law enforcement officers obtained consent to search 72 Burgard from the defendant's mother. As a result, disclosure of any informants who may have provided information to the police that illegal firearms were stored inside the house is unwarranted.
Dkt. #18, p.18. The Court agrees that to be entitled to the requested information, the defendant must sufficiently state a basis for requiring the disclosure of this information or that the testimony of the informant would be of even marginal value to the defendant's case. Moreover, the Court notes that the holding of the Court of Appeals for the Second Circuit in United States v. Saa, 859 F.2d 1067 (2d Cir. 1988), cert. denied, 489 U.S. 1089 (1989), is instructive:
The leading Supreme Court case on this question, Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957), holds that
[w]here the disclosure of an informant's identity, or of the contents of his communication, is relevant and helpful to the defense of an accused, or is essential to the fair determination of a cause, the [informant's] privilege must give way. 353 U.S. at 60-61, 77 S.Ct. at 628. The Court explained that "no fixed rule with respect to disclosure is justifiable." Id. at 62, 77 S.Ct. at 628. What is required is "balancing the public interest in protecting the flow of information against the individual's right to prepare his defense." Id. Whether non-disclosure is erroneous "must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer's testimony, and other relevant factors." Id. See Rugendorf v. United States, 376 U.S. 528, 534-35, 84 S.Ct. 825, 829, 11 L.Ed.2d 887 (1964); United States v. Lilla, 699 F.2d 99, 105 (2d Cir. 1983); United States v. Ortega, 471 F.2d 1350, 1359 (2d Cir. 1972), cert. denied, 411 U.S. 948, 93 S.Ct. 1924, 36 L.Ed.2d 409 (1973).
The defendant is generally able to establish a right to disclosure "where the informant is a key witness or participant in the crime charged, someone whose testimony would be significant in determining guilt or innocence." United States v. Russotti, 746 F.2d 945, 950 (2d Cir. 1984); United States v. Roberts, 388 F.2d 646, 648-49 (2d Cir. 1968); see United States v. Price, 783 F.2d 1132 (4th Cir. 1986); United States v. Barnes, 486 F.2d 776 (8th Cir. 1973). In Roberts, the informant introduced an undercover agent to the defendant and was present when the defendant and the agent negotiated and transacted two sales of heroin. The Court, noting that the informant was "present during all the significant events," 388 F.2d at 649, found that he was "obviously a crucial witness to the alleged narcotics transactions," id., and therefore, his whereabouts should have been revealed to the defense if properly requested. But disclosure of the identity or address of a confidential informant is not required unless the informant's testimony is shown to be material to the defense. See United States v. Valenzuela-Bernal, 458 U.S. 858, 870-81, 102 S.Ct. 3440, 3448, 73 L.Ed.2d 1193 (1982) (dictum); United States v. Lilla, 699 F.2d at 105. As this Court's recent opinion in United States v. Jiminez, 789 F.2d 167 (2d Cir. 1986) makes clear, it is not sufficient to show that the informant was a participant in and witness to the crime charged. In Jiminez, the informant was both participant and witness, but the district court's refusal to order disclosure of his identity was upheld on the ground that the defendant had failed to show that the testimony of the informant "would have been of even marginal value to the defendant's case. 789 F.2d at 170."
Id. at 1073; see also United States v. Fields, 113 F.3d 313, 324 (2d Cir.), cert. denied, 522 U.S. 976 (1997). Accordingly, insofar as the defendant has failed to sufficiently state a basis for requiring the disclosure of this information or that the testimony of the informant would be of even marginal value to the defendant's case, defendant's request is denied without prejudice.
7. "Hearing Under Federal Rules of Evidence 403, 404(b) and 609"
Defendant requests that this Court make an advance ruling pursuant to Federal Rules Evidence 403(b) and 609 prohibiting the government's use of prior convictions or proof of prior commissions of other crimes, wrongs or acts either its direct case or to impeach the defendant should the defendant testify. Dkt. #17, p.5. In its response, the government states that it will advise the defendant of its intention to use "other acts" evidence pursuant to Rule 404(b) or of its intent to offer evidence pursuant to Rule 608(b) and 609 at the time it is ordered to do so by the trial judge or consistent with its disclosure of Jencks Act material. Dkt. #18, p.15. Accordingly, based on the representations made by counsel for the government, defendant's request is denied as moot. Moreover, the Court agrees with the government, any issues concerning the admissibility of such evidence is a matter left to the discretion of the trial judge.
8. Disclosure of Experts
Pursuant to Rules 12 and 16 of the Federal Rules of Criminal Procedure, the defendant seeks the disclosure of any expert witness reports, as well as the disclosure of the names, qualifications and a synopsis of each expert's expected testimony. Dkt. #17, p.6. In its response, the government states that it will comply with the defendant's requests for expert testimony pursuant to Rule 16(a)(1)(G) of witnesses who will testify under Rules 702, 703 and 705 of the Federal Rules of Evidence in advance of trial as directed by the trial judge. Dkt. #18, pp.18-19. Moreover, the government states that additional scientific reports, if any, will be provided when they become available. Id. Based on the representations made by counsel for the government, defendant's request is denied as moot.
9. Disclosure of All Sentencing Guideline Information
By this request the defendant seeks disclosure of the following Sentencing Guidelines information: offense guideline(s) applicable to the charges; the base offense level; aggravating specific offense characteristics; "Chapter 3" adjustments regarding victim, role, obstruction or acceptance of responsibility; criminal history category; the grounds the government may seek an "upward modification" from the applicable guideline range; and any facts, information and other evidence that could give rise to a motion for a downward departure. Dkt. #17, pp.6-7. In its response, the government submits that pre-trial discovery in a criminal case is governed by Rules 12 and 16 of the Federal Rules of Criminal Procedure. As a result, the government asserts that it is not obligated to obtain and/or provide all items that may be relevant to the United States Sentencing Guidelines. Dkt. #18, p.19. There is no legal requirement that a defendant be provided with "sentencing guideline" calculations prior to trial. United States v. Williams, 977 F.2d 866, 871 (4th Cir. 1992). It is also pointed out that in this District, a defendant is provided with a preview of the Pre-Sentence Investigation Report in advance of sentencing, and the factors to be considered in arriving at a sentence are already available to the defendant. Therefore, this request is denied.
10. "Motion for Search of Personnel Files of Government Agent Witness"
By this "motion," the defendant seeks an order requiring the government to search the personnel files and records of any government agent or police witness in this case to determine whether there exists Brady or Giglio material which must be disclosed to the defense. Dkt. #17, p.8. The government is ordered to review the personnel file of any government agent expected to testify at trial and to provide any material impeachment evidence to the district court for in camera review. See United States v. Kiszewski, 877 F.2d 210 (2d Cir. 1989).
11. "Motion to Preserve Evidence"
By this "motion," the defendant seeks an Order from this Court directing the government to preserve and retain intact and not to destroy, alter or misplace any evidence, tangible papers, reports, objects or other information relating in any way to the Indictment. Dkt. #17, p.10. In its response, the government acknowledges its obligation to ensure that agents preserve their rough notes. Moreover, the government further states, that it will instruct the agents to retain and preserve the rough notes in the investigation of the defendant in this matter. Dkt. #18, p.16. The express admonition of the Court of Appeals for the Second Circuit bears repeating in addressing this particular request of the defendant wherein the Court stated:
[w]e will look with an exceedingly jaundiced eye upon future efforts to justify non-production of a Rule 16 or Jencks Act "statement" by reference to "departmental policy" or "established practice" or anything of the like. There simply is no longer any excuse for official ignorance regarding the mandate of the law. Where, as here, destruction is deliberate, sanctions will normally follow, irrespective of the perpetrator's motivation, unless the government can bear the heavy burden of demonstrating that no prejudice resulted to the defendant. . . . We emphatically second the district court's observation that any resulting costs in the form of added shelf space will be more than counterbalanced both by gains in the fairness of trials and also by the shielding of sound prosecutions from unnecessary obstacles to a conviction.
United States v. Buffalino, 576 F.2d 446, 449-50, (2d Cir.), cert. denied, 439 U.S. 928 (1978); see also, United States v. Grammatikos, 633 F.2d 1013, 1019-20 (2d Cir. 1980); United States v. Miranda, 526 F.2d 1319 (2d Cir. 1975), cert. denied, 429 U.S. 821 (1976). Accordingly, the defendant's request is granted and the government is hereby directed to maintain and preserve all materials that are known by the government to exist, that constitute potential Jencks material in this case.
12. "Leave to Make Further Motions"
By this request, the defendant states that he "respectfully requests leave to make further motions should such motions become necessary following further disclosure by the government." Dkt. #17, p.12. This request is granted, provided that any additional bases for relief are based on facts or information learned by reason of the continuation of the investigation or facts and circumstances revealed in the government's response to the instant motion or this Court's Decision and Order and subject to the limitations as contained in the aforesaid quote.
The Government's Request for Reciprocal Discovery
The government has made a request for reciprocal discovery. Dkt. #18, pp.19-20. The government has requested that the defendant permit it to "inspect and copy books, papers, documents, photographs, tangible objects, or copies of portions thereof which are in the possession, custody or control of the defendant in which the defendant intends to introduce as evidence-in-chief at the trial." Dkt. #18, p.19. In addition, the government seeks the disclosure of all reports of physical or mental examinations and of scientific tests or experiments, within the possession or control of the defendant that the defendant intends to use at trial. Since the defendant has moved pursuant to Rule 16(a)(1) of the Federal Rules of Criminal Procedure for similar materials and information, the government is entitled to this information pursuant to Rule 16(b)(1) and its request is granted.
Rule 807 Residual Exception Statements
The government also requests that the Court order the defendant to immediately comply with Rule 807 by notifying the government of his intention to offer statements covered by the residual hearsay exception. Dkt. #18, p.20. The defendant has not responded to this request. Accordingly, absent any opposition to this request by the defendant, the government's request is granted.
Therefore, it is hereby ORDERED pursuant to 28 U.S.C. § 636(b)(1) that:
This Decision and Order be filed with the Clerk of Court.
ANY OBJECTIONS to this Decision and Order must be filed with the Clerk of this Court within fourteen (14) days after receipt of a copy of this Decision and Order in accordance with the above statute, Fed. R. Crim. P. 58(g)(2) and Local Rule 58.2.
The district judge will ordinarily refuse to consider de novo, arguments, case law and/or evidentiary material which could have been, but were not presented to the magistrate judge in the first instance. See, e.g., Paterson-Leitch Co., Inc. v. Massachusetts Municipal Wholesale Electric Co., 840 F.2d 985 (1st Cir. 1988). Failure to file objections within the specified time or to request an extension of such time waives the right to appeal the District Judge's Order. Thomas v. Arn, 474 U.S. 140 (1985); Wesolek, et al. v. Canadair Ltd., et al., 838 F.2d 55 (2d Cir. 1988).
The parties are reminded that, pursuant to Rule 58.2 of the Local Rules for the Western District of New York, "written objections shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for such objection and shall be supported by legal authority." Failure to comply with the provisions of Rule 58.2, or with the similar provisions of Rule 58.2 (concerning objections to a Magistrate Judge's Decision and Order), may result in the District Judge's refusal to consider the objection.
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Entertainment, Features, Politics, Videos
Ted Nugent vs. Piers Morgan
Posted: February 9, 2013 at 3:20 pm / by Christopher Cook
It may seem a bit hackneyed at this point—Ted Nugent, prominent gun rights advocate and Piers Morgan, prominent gun control advocate, going head to head in a video. But goodness, if you missed it, it really is a donnybrook worth watching. In the end, Nugent wins the day, though he might have done better if he kept his cool longer.
Of course, Nugent was going up against Piers Morgan, who generates his own cloud of smug, so it's got to be pretty hard to keep one's cool.