truesee's Blog

Lawyer arrested for helping client who was arrested

Criminal defense attorney arrested while trying to advise client who had been arrested, he claims

John Marzulli
DAILY NEWS STAFF WRITER

Monday, June 27th 2011, 4:00 AM

Kenneth Perry claims he was attempting to advise client when he was arrested at Family Court.
 
Jesse Ward for News
 
Kenneth Perry claims he was attempting to advise client when he was arrested at Family Court.

A veteran Brooklyn criminal defense lawyer has found himself on the wrong side of the law - and he says it's because he defended a client too well.

Kenneth Perry, who has been representing felons of all stripes for more than two decades, was arrested June 16 in a Family Court waiting room after trying to advise a client who was being arrested of his constitutional rights.

Perry, 61, claims an NYPD detective from the 84th Precinct flipped out because he was trying to stop police from questioning the client.

According to the criminal complaint, Perry was standing between his client - who was being arrested for violating a girlfriend's order of protection - and the detectives when he was ordered to move aside. He refused and pushed the detective, the complaint states.

Perry said he never pushed the detective and insists that the courthouse surveillance tape is going to prove him right.

"I'm looking forward to vindicating myself before a jury as I didn't do anything criminal," Perry told the Daily News.

Lawyer Sanford Rubenstein, retained to sue the city, said Perry was submitting to being handcuffed when he informed the cops that he was going to put his cell phone in his pocket.

"His head was slammed against the wall," Rubenstein said. He added that Perry's head was banged a second time on the roof of a radio car outside the courthouse.

Perry, who has a heart condition, was charged with harassment, obstructing government administration and resisting arrest. He spent about 20 hours in jail, where he handed out all of his business cards to other inmates.

He has subpoenaed the courthouse camera tape and asked the Brooklyn district attorney to investigate the confrontation. The request is being reviewed, a spokesman for the DA said.

Entry #4,927

Pelosi demands seat at debt talks

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THE HILL
 

Pelosi demands seat at debt talks

Alexander Bolton
The Hill
06/25/11 12:55 PM ET

 

House Democratic Leader Nancy Pelosi (D-Calif.) will demand a seat in the table for the final talks on the national debt limit, putting a strong liberal voice in the room.

Pelosi and House Democrats were left out of the negotiations between President Obama and Senate Republican Leader Mitch McConnell (R-Ky.) last year that extended nearly all of the Bush tax rates though 2012.

Pelosi didn’t participate in the final high-level talks over fiscal 2011 spending levels either. 

But now she’s demanding her say at a time when many of her House Democratic colleagues are disappointed in Obama’s level of consultation with their caucus.

“If they don’t have the votes, House Democrats have to be at the table,” said a House Democratic leadership aide.

Pelosi stayed out of the talks on crafting a continuing resolution funding the rest of 2011 that included $38.5 billion in spending cuts because House Speaker John Boehner (R-Ohio) and Majority Leader Eric Cantor (R-Va.) expressed confidence they would pass it without Democratic help.

But, in the end of that debate, the Republican votes fell short, and GOP leaders needed help from House Democrats. Democrats went along with a deal they had almost no part in negotiating because they wanted to avert a government shutdown.

The experience left a bitter taste in their mouths, and Pelosi won’t let it happen again.

Although she is the minority leader in a chamber that gives the minority party few powers, Pelosi believes she has leverage in the debt-limit debate.

“We know that they do not have 218 votes for any package that increases the debt limit,” said the Democratic leadership aide of House Republican leaders.

Flexing her muscle, Pelosi asked for and got a meeting with Obama on Thursday morning to discuss the next phase in the negotiations.

A last-minute defection of conservative Tea Party-affiliated lawmakers forced Boehner to rely on Democratic help in April. Pelosi believes it will be only tougher for him to round up his conference to support a compromise on the debt limit.

Pelosi is the strongest liberal voice in the Democratic leadership. She kept her position as Democratic leader in November after Democrats lost the House in a landslide by promising her caucus’s large liberal wing that she would fight for their priorities. The debt-limit talks are her chance to make good on that pledge.

Congressional leaders kept Pelosi out of the talks on the 2011 spending cuts and justified it by keeping McConnell on the sidelines as well.

McConnell still had input because he talks to Boehner at least twice a week and their staffs kept in close contact during the negotiations to avert a government shutdown.

Pelosi doesn’t have as tight a relationship with Senate Majority Leader Harry Reid (D-Nev.).

The debt-limit talks that were led by Biden came to an end last week when Cantor pulled out and said it was time for Obama to get involved. Reps. Chris Van Hollen (D-Md.) and James Clyburn (D-S.C.) represented House Democrats in those meetings.

Now the talks have moved to the very highest leadership levels with Obama planning to meet Reid and McConnell on Monday.

The president held a secret meeting with Boehner on Wednesday night.

Pelosi has made it clear that this time she intends be a part of that elite group as well.

Entry #4,924

What is the most popular cereal brand in American grocery stores?

Cheerios turn 70; iconic cereal endures, sells

 

Carolyn Thompson

Associated Press

June 24, 2011 

 

BUFFALO, N.Y. — Here's a little quiz for the breakfast table:

What is the most popular cereal brand in American grocery stores?

Hint: It's been General Mills' top name since 1951.

Another hint: If you're a parent, you've vacuumed it from the minivan and under the high-chair cushion by the cupful.

The answer, of course, is Cheerios.

The iconic cereal, known by its distinctive yellow box, is 70 years old this year and still a force on the breakfast cereal market. One out of every eight boxes of cereal to leave the shelf in America carries the Cheerios name.

"They've been around since the beginning of man, right?" said Kathy Scott in Cape Coral, Fla. For her, the cereal's linked to memories of childhood Saturday morning cartoons.

"My mother was very old-fashioned, a stay-at-home mom," Scott, 50, said, "She made breakfast every morning, but on Saturday morning we were allowed to have cereal. Throw some fruit in there, sit on the floor and watch cartoons."

Cheerios facts

•1 in every 8 boxes of all cereal sold in the U.S. are Cheerios.
•More than 10 shapes and sizes were considered before the current "o."
•It would take approximately 3,155,524,416 Cheerios to circle the earth.
•General Mills sold 1.8 million cases (each containing 12 boxes) in the first year, 1941.
•Cheerios are made with same"puffing gun" technology used to create Kix cereal in 1937. Balls dough are heated and shot out of a gun at hundreds of miles an hour to make the "o."
•Four years after their debut, Cheerioats were renamed Cheerios.
•In 1979, Honey Nut Cheerios were introduced, followed by Apple Cinnamon Cheerios in 1988, MultiGrain Cheerios in 1992, Frosted Cheerios in 1995, Berry Burst Cheerios in 201 and Chocolate Cheerios in 2010.
•Honey Nut Cheerios have outsold the originals since 2009.

Source: General Mills and Cheerios.com

The tradition repeated itself with her own two children.

"Saturday morning cartoons and Cheerios," she said.

To make Cheerios, balls of dough are heated and shot out of a "puffing gun" at hundreds of miles an hour, according to General Mills. The company's waterfront plant in Buffalo has been firing them off since 1941, often cloaking the city with a distinctive toasty-with-a-sweet-finish aroma and inspiring T-shirts announcing "My city smells like Cheerios." More than 10 shapes and sizes were considered before the makers settled on little Os.

Since then, the company's introduced several new flavors, starting with Honey Nut in 1979 and last year, chocolate.

In 2009, sales of Honey Nut Cheerios surpassed the original flavor for the first time and remain in the top spot today.

But Kathleen Dohl, 30, sticks to the originals, the ones she refers to as the "old-school, yellow box, plain Jane" variety. She buys it in bulk at Sam's Club to keep her 6- and 3 year olds happy.

"That's one of the first 'real people' foods that they ate," the Chester, Va., mother said.

"They know when we're having a morning where we're running late, they're like, 'can I get a snack bag of Cheerios?'" she said, "because it's something I can't say no to. I can say no to chips. I can say no to candy. I can say no to a dozen other things, but a snack bag of Cheerios? How can you say no to that?"

So yes, she's cleaned them out of the car seats.

"At least they're not sticky," she said, "so that's a plus. And they're not so colorful. Once you grind them in they just look like the rest of the dirt, they don't look neon-colored."

General Mills began advertising Cheerios (first called Cheerioats) as a first food for toddlers in 1974. Since 1999, the company has focused on promoting the cereal as healthy; it's made from whole-grain oats, with 3 grams of fiber and 1 gram of sugar per serving. But in 2009, federal regulators took issue with the cereal box's claim that it was "clinically proven to help lower cholesterol." In a warning letter, the Food and Drug Administration said only FDA-approved drugs can make such a claim.

General Mills, in its response, stood by the claims and said the FDA's complaints dealt with how the language appears on the box, not the cereal itself. The case is still open, an FDA spokeswoman said.

"I went through a phase in high school where I drank Coca-Cola and carried around a box of Cheerios in my back pack," said Dohl, whose course schedule and yearbook duties often kept her at the computer and in her car through meals.

"That's literally what I ate for breakfast, lunch and dinner," she said. "…At least I felt like it was healthy."

Since cereal is the major source of fiber for Americans, something most people shortchange themselves on, Cornell University nutrition expert David Levitsky said it's actually not a bad idea to eat cereal as a relatively low-calorie lunch or dinner once in a while, even the sugar-sweetened variety.

"They're seducing kids to eat it," he acknowledged. "It's a technique that breakfast food companies have learned and it works… but it's got a good aspect because that's where they're getting their fiber in the morning," he said. "And all these cereals are enriched."

Americans spent $6.4 billion on ready-to-eat cereal in the 52 weeks ending May 15, according to SymphonyIRI Group, a Chicago-based market research firm that tracked sales at supermarkets, drug stores and mass merchandise outlets, excluding Walmart.

In honor of Cheerios' 70th, Buffalo's Citybration Festival will be highlighting its assets including a June 26 Cheerios breakfast in sight (and smell) of the General Mills facility.

"Cheerios are actually a more iconic food to Buffalo than even the ubiquitous chicken wing," said festival organizer Marti Gorman. (The spicy Buffalo wing came along in 1964.)

"There just must be something so gently appealing about the product," said Dave Hassett, a school counselor whose Born in Buffalo site sells the Cheerios T-shirts online and at local festivals. Along with his 4-year-old daughter, he said he eats a bowl daily. "I hope they stick around for 70 more years and beyond."

Entry #4,923

Casino paid $25,000 when the payout was $12

Rivers Casino faces fines
Tuesday, June 21, 2011
Mark Belk
Pittsburgh Post-Gazette

 

One gambler proved to be unusually lucky at Rivers Casino last year when a slot machine hit for $25,000.

The payout should have been $12, but the progressive slot machine was improperly set by a technician and returned to play without being tested or certified by state regulators, resulting in the much bigger jackpot.

The May 29, 2010, incident is one of five over the last year in which Rivers slot machines were returned to play without being tested or certified by the state's Bureau of Gaming Laboratory Operations, as required under regulations.

As a result, the North Shore casino is facing fines from the Pennsylvania Gaming Control Board, but just how much it will have to pay is still to be determined after board members rejected a proposed settlement earlier this month.

In voting against the consent agreement, board member Gary A. Sojka described the violations as "extraordinary important" and "more egregious than is met by this consent agreement."

"I'm really concerned that this is a serious, serious issue, and I want that message sent to the entire industry," he said.

Cyrus Pitre, the gaming board's chief enforcement counsel, said officials have had a "little bit more problems" with games being put into play without being tested or certified at Rivers Casino than at other venues in the state.

In addition to the five incidents cited in the rejected consent agreement, Mr. Pitre said there were two others for which the casino received warning letters from regulators.

The five latest incidents involved progressive slot machines, whose jackpots increase in size the longer the games go without hitting. The May 29 episode apparently was the only one that produced an improper payout.

According to the gaming board, the other incidents involved a machine that was released for play without the proper pay table being selected and without the gaming lab's approval and two machines that were released and played by customers even though the gaming lab had asked that they be held back for testing.

The most recent incident occurred in January and involved a machine that was taken out of service because it wasn't hooked up to the state's computer system and then improperly put back into service before being connected. The state was able to retrieve all revenue-related data from the machine once it was tied in, and the casino paid all taxes due.

"There were no negative impacts on patrons at any time, and there was no data ever lost," said Jack Horner, a Rivers spokesman.

The gaming board on Monday had not approved the proposed fine to be paid by the casino under the consent agreement.

Whatever the amount, it was not enough for Mr. Sojka, who argued at the board's June 8 meeting that the penalty "does not say clearly enough to all operators that this is absolutely something to which they must adhere."

"To make sure that we set a proper precedent here, I'm still not willing to approve this consent agreement," he said.

Board Chairman Greg Fajt said he shared some of Mr. Sojka's concerns. "I want to make sure that is a procedure adhered to 100 percent of the time," he said.

In defense of the agreement, Mr. Pitre said regulators took into account the money the casino paid out as a result of the erroneous $25,000 jackpot, the taxes it paid on it and the penalty that was assessed as a result. In all, he estimated that one jackpot cost the casino about $60,000.

"I'm not here to rape and pillage them. But we're here to get their attention," he said.

Richard McGarvey, a gaming board spokesman, said all progressive machines are to be tested by the gaming lab to ensure they're working properly.

As a result of the five incidents, one Rivers slots technician was dismissed and others were disciplined, Mr. Horner said. In the case of the $25,000 payout, "it's important to note that Rivers honored that jackpot," he said, and the winner did not have to return the money. "A procedure was skipped."

To prevent that from happening again, the casino has set up a system to make sure machines are tested or certified before going back into play. It features a verification checklist a technician must follow that includes the required gaming lab testing and also two signatures acknowledging that the gaming lab has tested the machine, Mr. Horner said.

"Rivers takes this matter very seriously. As a result, we have retrained all of our slot technicians about proper procedures," he said.

Gaming regulators and the casino are working on a revised consent agreement that takes into account the board's concerns.



Read more: http://www.post-gazette.com/pg/11172/1155119-53-0.stm#ixzz1QKecqrz8
Entry #4,920

Can liberals start their own tea party?

05:27 PM ET, 06/23/2011

Can liberals start their own tea party?

Rachel Weiner
Washington Post
 

At last weekend’s Netroots Nation gathering in Minneapolis, liberal activists expressed frustration that they lacked the political power or media focus given to the conservative tea-party movement. Former White House environmental official Van Jones is hoping to change that with a new political effort dubbed “The American Dream Movement.”

Organizers are hoping to emulate the the success of the tea party, which became a significant force in the 2010 midterms, uniting like-minded people across the country who were previously uninvolved in politics or participating locally but not at the national level.

They hope to motivate unemployed veterans, struggling homeowners and other alienated Americans who are angry at Republicans’ desire to drastically cut government spending in Washington and collective bargaining rights for state employees in places like Wisconsin. And to lure those people simply struggling to find a job while worried about their unemployment benefits ending.

“We think we can do what the tea party did,” Jones said in an interview with The Fix. “They stepped forward under a common banner, and everybody took them seriously. Polls suggest there are more people out there who have a different view of the economy, but who have not stepped forward yet under a common banner.”

Jones is a former Obama environmental adviser who resigned from the White House in 2009 amid controversy over his past activism. But he’s lauded in liberal circles for his charisma and organizing abilities.

“There's a lot of organizational muscle behind the initiative, and Van is one of the most inspiring figures in the progressive movement, so I'm looking forward to these efforts, and they certainly come at a time when Republican overreach has primed progressives to take action” said Markos Moulitas, the founder of the liberal blog network Daily Kos.

Jones’ “Dream” movement will launch Thursday night with a rally in New York City. The Roots are performing; MoveOn.org, a well known liberal advocacy group, is co-sponsoring the gathering.

After the rally, the group will hold house meetings around the country in a bid to crowd-source the group’s platform, asking for ideas and collecting input from economists and activists. It will then use those contributions to form a “Contract for the American Dream” that will serve as an agenda to rally support and pressure politicians in Washington, riffing off the 1994 “Contract with America” that swept Republicans into the House majority.

While the tea-party movement gained clout in part through successful primary challenges to establishment politicians in 2010, Jones said the “Dream” movement is not “about primaries.”

However, should their efforts succeed, MoveOn.org’s executive director Justin Ruben says that the movement will push back against Democrats who don’t adhere to its goals.

Former Democratic National Committee Chairman Howard Dean argued that the idea of an interactive “Contract” is an improvement on the tea-party methods.

“The tea party has got technical dominance in their ability to put together a leaderless group that is in the political cloud, so to speak, and what [Jones] does is take the next step after that.”

There is some reason to believe that it’s the right time for a progressive movement modeled on the tea party. Some of the GOP actions taken since capturing control of the House majority in 2010 appear unpopular with voters, including passage of Rep.Paul Ryan’s (R-Wis.) budget plan, which would turn Medicare into a voucher program by 2022.

Washington Post polling shows that voters don’t want cuts to entitlement spending. A majority of Americans think spending cuts and tax increases should both be part of any deficit-reduction plan, while Republicans have opposed any tax increases.

Jones predicted that the public winds were shifting against drastic government spending cuts like the ones enacted by new Wisconsin Gov. Scott Walker (R), who moved this spring to end collective bargaining rights for most state employees.

Thousands have also protested similar moves in Indiana., Ohio and New York, and smaller protests have occurred all across the country. In a general sign that people are fed up with the economy, some activists have banded together under the term ‘99ers,’ to stand up for the rights of people who have been unemployed so long, their government benefits have run out.

As for the “American Dream” movement specifically, the unifying theme is disaffection with the economy and with the debate in Washington over how to fix it. Specifics are lacking at this point, as Jones plans to solicit activist input. One plank advanced by Jones is the idea of a transactional tax that would slap a levy on the sale or transfer of stocks, bonds and other financial assets.

This isn’t the first attempt at a “liberal tea party.” A coalition of liberal and civil-rights groups united under the “One Nation” banner last year and held a rally on the National Mall in October. After the election, the group — in which Van Jones was involved — fizzled.

Unlike One Nation, in which long-standing liberal groups agreed to collaborate, Jones’ movement is hoping to attract people who are ideologically aligned but not politically active. Those people will define their own goals. But Jones is also in conversations with many of the labor and civil-rights groups that were involved in the One Nation effort. AFL-CIO President Richard Trumka recorded a web video for the campaign.

Institutional involvement does not go against the tea-party model. The tea-party movement has its own benefactors — Americans for Prosperity, Our Country Deserves Better PAC, and other groups backed by longtime Republican donors and strategists. Those groups capitalized on disparate protest movements around the country, many of whom say they have no connection to the political battles fought in their name.

Still, it will likely be hard to get liberals and supporters of more progressive economic policy to rally in the same way. Tea-party activists tend to be wealthy and well-educated; Jones is hoping to reach unemployed veterans, struggling homeowners, and other groups who likely have less time to organize and grow more politically active,

A year from now, will the “American Dream Movement” be on everyone’s lips the way the tea party is? It seems unlikely. But it’s a sign that liberals are making a more concerted effort to organize outside groups in ways that don’t rely on the power or personality of President Obama.

By Rachel Weiner  |  05:27 PM ET, 06/23/2011

Entry #4,917

Undercover cops exposed to drug dealers

4:19 p.m. Thursday, June 23, 2011

Undercover cops exposed to drug dealers

 

Jacksonville, FL —

An employee of the Jacksonville Sheriff's Office is now gainfully unemployed after being arrested on Wednesday in connection with illegal distribution of confidential information. 

Kenitra Casper, 27, worked in the JSO records office and now faces felony and misdemeanor charges after she confessed to sending out texts and emails containing information about and photographs of undercover narcotics agents to known drug dealers in the Jacksonville area. 

Casper had worked for JSO for 7 years, according to Undersheriff Dwain Senterfitt, who says he's very concerned that Casper's actions could have compromised the identity of detectives working undercover.

She is being held in the Pre-Trial Detention Facility at the Jacksonville Sheriff's Office. 

Further investigations are ongoing at this time.

Kenitra Casper photo
 
Casper was arrested on 6/22/11 for abusing access to confidential information.
Entry #4,914