Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.

Friday, May 28, 2010

A man accused of being a serial killer has appeared in Bradford magistrates court in West Yorkshire today charged with three counts of murder. 40-year-old Stephen Griffiths is accused of killing Suzanne Blamires, 36, Susan Rushworth, 43, and Shelley Armitage, 31, all prostitutes.

Griffiths, a former van driver with a degree in psychology and studying for a PhD in criminology, gave his name as “Crossbow Cannibal” when asked. He has been in police custody since Monday when police were alerted to a CCTV recording that appeared to show a murder.

A caretaker had been reviewing footage from the flats where Griffiths lives when he saw footage of a woman and a man enter a flat early on Saturday morning. Two minutes later, she ran out and was followed by the man, who beat her to the ground and shot her in the head with a crossbow. Over the course of the weekend, the man was seen several times with bin bags and a rucksack.

On Tuesday, the day after the arrest of Griffiths, Blamires’ remains were found in the River Aire in nearby Shipley. She had been cut into several pieces and her head was located in a rucksack. Police continue to search for the other two alleged victims; Rushworth has been missing since June last year and Armitage vanished in April.

Police have searched much of Bradford’s red-light district, where Griffiths’ third-floor flat is located. Forensic investigations at the flat are expected to last around three weeks. There are plans to search landfill sites for bodies, and police may yet expand the inquiry to cover three more cold cases, although at present they have not been linked to the current inquiry.

Sniffer dogs have been used throughout the city, and police have been taking away plastic evidence bags. Some alleyways remain closed off. Police charged their suspect yesterday.

Griffiths was known as “the lizard man” in his block of flats owing to his habit of walking his two pet monitor lizards in the area. One neighbour is reported to have quoted him as saying he was studying for “a PhD in murder and Jack the Ripper,” and he has spent time in a high-security psychiatric hospital. During his five-minute court appearance he did not enter a plea, kept his head bowed and fidgeted with his cuffed hands. He said “Here, I guess,” when asked for his address.

As he stood in the glass-fronted dock, guarded by three security officers, he was watched by the families of Rushworth and Armitage, who were accompanied by police family liaison officers. Blamires’ family chose not to be present, but the victim’s mother Nicky Blamires, 54, has told the press that Suzanne was a “much-loved” family member even though she “went down the wrong path and did not have the life she was meant to have.” “Nobody deserves this,” she said. “All these girls were human beings and people’s daughters.”

Griffiths’ morning court appearance was followed by a second one this afternoon, at Bradford Crown Court. This time, he confirmed his name without incident. He was remanded into custody until next month, when he will appear in court again.

British media has been quick to compare the case to Peter Sutcliffe, dubbed the “Yorkshire Ripper”. Sutcliffe was a Bradford killer responsible for thirteen murders and seven attempted murders, including several prostitutes. Since his 1981 conviction he has spent most of the last three decades in Broadmoor high-security psychiatric hospital near London.

Saturday, February 2, 2008

At least 151 passengers and an unknown number of crew on board a Lloyd Aereo Boliviano (LAB) Boeing 727-200 have escaped after the aircraft crash landed in swampland in Bolivia.

Local airline LAB had been operating the chartered passenger flight from La Paz to Cobija on behalf of Transporte Aereo Militar (TAM) when poor weather conditions caused the jet to be diverted. LAB has recently been handling excess passengers for TAM as an unusually severe rainy season has washed away many roads across the nation.

A flight engineer said that during the flight the engines failed due to a mechanical problem. The plane came down in a swampy forest clearing approximately 2 miles (3.3km) from a runway at the new destination of Trinidad, 370 miles from the intended destination. Several passengers were injured in the accident, and all on board were taken to hospitals for checks. One pilot received a clavicle fracture.

The plane was severely damaged, with the New York Times reporting that photographs of the scene showed at least one wing of the aircraft to have separated from the fuselage.

Survivors confirmed this. Paolo Bravo, a Bolivian senator on board the plane, said to local radio network Erbol “We noticed the engines went out, and there was this calm… Then they told us, ‘Crash positions! crash positions!’ and it was just another two or three seconds before we hit… The plane fell, the wings broke off, but the fuselage was OK.”

Experts from the Auxiliary Aerial Navigation Service and an airport commented that it is possible that the soft mus in the area absorbed some of the impact forces, allowing the plane to be salvaged and returned to service. LAB’s operations chief Gustavo Viscarra made a statement saying “The crew members did not suffer any problem and there is no blood… The airplane has minimum damages, there is no structural damage, there was not any fire nor smoke. It was a forced landing planned by the pilot and it was not caused by our enterprise’s negligence nor lack of maintenance of our airplanes.”

Passenger numbers are unclear, with LAB reporting 151 and some media sources saying 155.

An investigation has been launched. It has been established that an undisclosed technical problem prevented the plane from departing for an hour.

Legal and financial difficulties have seen LAB suspend operations for almost a year, but the carrier has recently begun a limited return to charter services.

Sunday, October 4, 2009

Massachusetts-based First Amendment rights lawyer Marc Randazza is defending a controversial parody website which satirizes American political commentator Glenn Beck. The website was created in September by a man from Florida named Isaac Eiland-Hall, and it asserts Beck uses questionable tactics “to spread lies and misinformation”.

The website created by Eiland-Hall is located at the domain name “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise is derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. The joke was first applied to Beck on the Internet discussion community Fark. It then became popular on Internet social media sites including Reddit and Digg, and was the subject of a Google bomb, a technique where individuals link phrases in order to artificially change Google search results.

Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, and states: “But we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” In an interview with Ars Technica, he said the website was “using Beck’s tactics against him”. The website was created on September 1, and by September 3 attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but they failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, the World Intellectual Property Organization. Beck alleged that the website’s usage is libelous, bad faith, and could befuddle potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. The policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. A lawyer for Beck declined to provide a comment to the Boston Herald, however a source told the newspaper that Beck’s complaint with the site is primarily a “trademark issue”.

Randazza established an attorney-client relationship with Eiland-Hall after his client received threatening letters from attorneys representing Beck. He then sent an email to Beck’s attorneys, and pointed out inconsistencies between their client’s recent actions and his prior public statements in support of the First Amendment. Randazza wrote a reply to the World Intellectual Property Organization, and contends that the website is “protected political speech”, because it is “satirical political humor”. Randazza stated that “Even an imbecile would look at this Web site and know that it’s a parody.” In his legal brief, Randazza compared the website to other Internet memes, such as “All your base are belong to us” and video parodies of the German film Downfall.

“We are here because Mr. Beck wants Respondent’s website shut down. He wants it shut down because Respondent’s website makes a poignant and accurate satirical critique of Mr. Beck by parodying Beck’s very rhetorical style,” wrote Randazza in the brief. The brief also commented on Beck’s style of reporting, and pointed out a controversial statement made by Beck when he interviewed a Muslim member of the United States Congress. Beck said to Representative Keith Ellison: “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Public interest attorney Paul Levy told Ars Technica that if a statement in a website’s domain name were both false and “stated with actual malice”, it is possible it could be considered defamatory. The First Post reported that Electronic Frontier Foundation attorney Corynne McSherry gave an analysis asserting that though the domain name of the website is “pretty dramatic”, it constituted “pure political criticism and there’s nothing wrong with that”. McSherry and Levy both agreed that the action of Beck to take the matter to the World Intellectual Property Organization was probably a tactic to determine the identity of the website’s owner.

Andy Carvin of National Public Radio wrote that Randazza’s legal brief was amusing, commenting: “It’s not often that I would recommend reading a World Intellectual Property Organization legal brief for its entertainment value, but today is going to be an exception.” Nate Anderson of Ars Technica commented “In any event, the WIPO battle promises to be entertaining, and there’s even a bit of serious purpose mixed in with the frivolity. Just how far can WIPO go in using its domain dispute system to address Internet spats?”. Domain Name Wire wrote that “…when someone who has created a bitingly satirical web site works with his lawyer to put pen to the paper, the end result can be quite amusing.”

Writing for Adweek, Eriq Gardner pointed out the comparison made by Randazza’s legal brief between the website’s parody nature itself and the statement made by Beck to Congressman Ellison, noting: “this case also makes a political point”. Jack Bremer wrote in The First Post that the attempts by Beck’s lawyers to argue that the website’s domain name is itself defamatory “looks like a first in cyber law”. Rick Sawyer of Bostonist characterized Randazza’s legal brief as “Hillarious!”, and called the attorney “among the North Shore’s most hilarious legal writers”.

The FOX News-critical site FoxNewsBoycott.com likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. “Glenn Beck is experiencing the Streisand Effect first hand,” wrote FoxNewsBoycott.com. John Cook of Gawker.com also compared Beck’s actions to the Streisand effect: “Now Glenn Beck’s trying to shut down their web site, ensuring that people will write about it.” Jeffrey Weiss of Politics Daily wrote that by taking legal action, Beck “did the one thing guaranteed to garner the greatest amount of publicity for the site”. Techdirt described Beck’s legal action as “not particularly smart”, and noted: “Beck would have been better off just ignoring it. Instead, in legitimizing it by trying to take it down, many more people become aware of the meme — and may start calling attention to situations where Beck (and others) make use of such tactics.” The blog Hot Air noted the issue could gain attention if it becomes a test case for the First Amendment: “If this becomes a First Amendment test case, the smear’s going to be covered far and wide…”

Monday, June 23, 2008

2008 COMPUTEX Taipei, the largest trade fair since its inception in 1982, featured several seminars and forums, expansions on show spaces to TWTC Nangang, great transformations for theme pavilions, and WiMAX Taipei Expo, mainly promoted by Taipei Computer Association (TCA). Besides of ICT industry, “design” progressively became the critical factor for the future of the other industries. To promote innovative “Made In Taiwan” products, pavilions from “Best Choice of COMPUTEX”, “Taiwan Excellence Awards”, and newly-set “Design and Innovation (d & i) Award of COMPUTEX”, demonstrated the power of Taiwan’s designs in 2008 COMPUTEX Taipei.