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Wednesday, February 29, 2012

Top News Stories (Updated - 3/6/12)!

March 6, 2012


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“Another Nigger fried. No big deal.”

-- April 16, 2011, Statement by New York City Police Officer Michael Daragjati, boasting of his false arrest of another African-American male.

Top News Story!


Another Schemer!


March 6, 2012



HOUSTON, TX -- A federal jury convicted international financier R. Allen Stanford (pictured above, center) on 13 of 14 charges of money laundering and fraud in a Ponzi scheme that lost billions of dollars for investors. The Texas financier stood accused of masterminding one of the biggest Ponzi schemes in U.S. history. The jury of eight men and four women found him not guilty on one count of wire fraud. The verdict on Tuesday, coming on the fourth full day of deliberations after a month long trial, marks a comedown for Mr. Stanford, 61 years old, who rose from owning a bodybuilding gym in Texas to become a billionaire knighted in Antigua. As the verdict was read Mr. Stanford, wearing a dark suit, turned to where his family members were sitting and appeared to mouth the words, "It's OK."

Prosecutors had accused Mr. Stanford of swindling thousands of investors by selling them certificates of deposit issued by a bank he controlled in Antigua. They said he invested these proceeds in risky real-estate assets and his own businesses, funding a lavish lifestyle aboard yachts and jets and even sponsoring cricket tournaments. The verdict caps a three-year criminal prosecution that has blocked investors from attempting to recover hundreds of millions of dollars from Mr. Stanford and which has stalled a civil lawsuit against him brought by the Securities and Exchange Commission. It came a day after jurors said they couldn't reach a unanimous verdict on all counts. U.S. District Judge David Hittner had ordered them to keep deliberating.

Mr. Stanford's lawyers, who ultimately chose not to let him testify in his own defense, countered that he ran a legitimate business that was ruined when the SEC raided his office in 2009 and froze his assets. They portrayed Mr. Stanford as an absentee chief executive and argued that any fraud would have been committed by his chief financial officer, James Davis, a government witness.


The SEC Complaint against Stanford charges:

•» Since 1994, Stanford International Bank claims it has never failed to hit investment returns in excess of 10 percent a year;
•» In 2008, the bank said its "diversified portfolio of investments" lost only 1.3 percent, while the S&P 500 U.S. stocks benchmark declined 39 percent;
•» SEC says the bank's historical returns are "improbable, if not impossible;"
•» The bank quoted certificate of deposit rates of more than 7 percent during 2005 and 2006, and quoted a 3-year CD at 5.375 percent annual rate in November 2008, against comparable U.S. bank CDs of 3.2 percent; and
•» Did not disclose that its investment portfolio includes a significant portion in illiquid private equity and real estate investments.


Stanford, 61, pleaded not guilty to all charges and later claimed he developed amnesia after a fellow inmate assaulted him in 2009. His defense attorney said in separate documents that the inmate smashed Stanford's face into a pole and threw him onto the concrete floor. Shackled, chained to a gurney and coughing up blood after a vicious prison beating sparked by a spat over a telephone, R. Allen Stanford (pictured below, center) seemed baffled by a simple question: What is your name?

"Arthur," Mr. Stanford responded. That was the first name printed on the badge of the doctor treating Mr. Stanford's multiple injuries.



In a separate motion, Stanford's attorney said his client "suffered a traumatic brain injury" in the assault and the medications given to him by prison medical staff, which included anti-anxiety drugs and antidepressants, made his condition worse. An assessment of Stanford's health was prepared for a court by Victor Scarano, a forensic psychiatrist. He wrote: 'Mr Stanford described himself as a breathing corpse with increased episodes of despair, hopelessness and helplessness'.

R. Allen Stanford, whose lawyers failed to convince a judge that he’s mentally unfit to stand trial, was ordered to face a jury. “I have found by a preponderance of the evidence that Stanford is competent to stand trial,” U.S. District Judge David Hittner in Houston said in finding Stanford able to assist in his defense. Hittner delayed Stanford’s trial, first set for last January, after three doctors testified that the financier was incapable of assisting in his defense because of his drug dependency and potential effects from the head injury.

Stanford, a Mexia native, was convicted of 13 counts of conspiracy, fraud, obstruction and money laundering. The counts of which he was found guilty carry total penalties of 230 years.

Classic Motives!


Posted: Updated: Tuesday, March 6, 4:26 AM - Updated: Tuesday, March 6, 10:10 AM PST



PITTSBURGH, PA — Police say there’s no indication the Pittsburgh armored car guard wanted in the fatal shooting of his partner and theft of $2.3 million has left the country. Pittsburgh police Commander Thomas Stangrecki says it doesn’t appear that 22-year-old Kenneth Konias Jr. (pictured above, left) has crossed and borders or departed from any airport since killing his partner last week and leaving him in the cargo area of the idling truck. Investigators say Konias shot 31-year-old Michael Haines (pictured above, right) in the back of the head inside a Garda Cash Logistics truck as it was parked under a Pittsburgh bridge. Authorities say Konias called friends and family after the killing, including one person he asked about extradition laws in Canada and Mexico.

Slumped over with a gunshot wound to the back of the head, Haines' body was found in the idling armored truck two hours after police believe Konias shot him to death. At least $2.3 million was missing from the truck. "He had at least a two-hour head start from the time he left work until the time Mr. Haines was discovered," Commander Stangrecki of the Pittsburgh Police Department said. "We're not sure if he's in the state." "We've had some tips come in and we are still are continuing our investigation," he said. "But right now we have not located Mr. Konias."



Kenneth Konias Jr. remains at large, is in possession of at least three handguns, and is believed to be within the United States, said Commander Stangrecki. The FBI is assisting the Pittsburgh Police Department in the search for Konias, Stangrecki said. FBI Special Agent Robert Ambrosini says investigators are getting tips from “various cities.”

San Jose Police
Shots Fired!


Posted: 03/05/2012 12:46:27 PM PST - Updated: 03/05/2012 04:47:38 PM PST

San Jose, CA -- A grassroots group has fired off a letter to South Bay leaders looking for answers into the fatal San Jose police shooting of a man in his bedroom. The Coalition for Justice and Accountability, in the March 2 letter, urges Mayor Chuck Reed to make sure there is no "unnecessary delay in a thorough investigation" into the Dec. 15 [2011] death of Valente Galindo. The letter from the coalition says there are a number of unanswered questions regarding Galindo's death:

"What is the truth about the circumstances that led to his death? Were his civil rights violated? Did the officers involved in the incident follow proper procedures and the letter of the law in their use of force against Mr. Galindo?"



There are two opposing narratives leading up in the fatal shooting of Galindo, a 47-year-old laid-off custodian who was the fourth person killed by San Jose police in 2011.

Police say that when officers rushed into his home on Inman Way, they were frantically hunting another armed suspect who had tossed a gun into Galindo's bedroom. According to police, Galindo picked up that gun, pointed it at police and refused to drop it. Police said that officer Lee Tassio acted in self-defense. But Galindo's girlfriend, Cynthia Barragan, said she never saw her boyfriend, "Val," with a gun, according to a previous interview with media sources. In fact, her boyfriend had been giving her a massage, she had said, just before he was killed.

An attorney with the Asian Law Alliance who is also a coalition member, said past investigations into fatal police shootings have taken up to a year to complete. "This is not reasonable," the attorney said. The shooting marked the eighth time in 2011 that San Jose police fired their weapons at a suspect. Four of the suspects died.

Family friend Charles Lostaunau said the Galindo family has solicited the assistance of a law firm and intends to sue.

Mirkarimi on Trial!



Sheriff Ross Mirkarimi leaves the Hall of Justice after a judge was assigned to his domestic violence trial in San Francisco, on Friday, Feb. 24, 2012.

Posted: 03/05/2012 12:45:33 PM PST - Updated: 03/05/2012 04:26:33 PM PST

San Francisco, CA -- Jury selection in the domestic violence trial against San Francisco Sheriff Ross Mirkarimi has been put on hold, media sources reported. The judge decided to wait until an appellate court hears arguments this week on a key piece of disputed evidence in the trial, a 55 second videotape showing bruises on the arm of Mirkarimi's wife, Eliana Lopez. That video was shot by neighbor Ivory Madison. The trial judge is allowing the evidence, but the defense does not want it shown to jurors and filed an appeal, the source reported. Also this morning another media source is reporting the prosecution and defense have listed a former local news editor and his wife as potential witnesses. Phone records show the former editor was in contact with the prosecution's star witness Ivory Madison before she reported the alleged abuse to police.

Posted: 03/02/2012 02:34:59 PM PST - Updated: 03/02/2012 09:56:00 PM PST

SAN FRANCISCO, CA -- An evidence hearing held Friday to determine whether an ex-girlfriend of San Francisco Sheriff Ross Mirkarimi can testify in his upcoming trial on domestic violence charges was continued to Monday because Mirkarimi's defense attorney had to leave for a prior commitment, a court spokeswoman said. Mirkarimi, 50, has pleaded not guilty to domestic violence battery, child endangerment and dissuading a witness charges -- all misdemeanors -- in connection with a Dec. 31 incident in which he allegedly bruised the arm of his wife, Eliana Lopez, during an argument.

Days after the charges were filed against Mirkarimi on Jan. 13, Christina Flores, an ex-girlfriend of his, filed a police report saying he was also abusive to her when they dated between June 2007 and December 2008. During a pre-trial hearing earlier this week, Judge Garrett Wong ordered Flores, who lives in Southern California, to come to San Francisco for an in-camera meeting with the judge so he could determine whether to allow her to testify. Flores apparently came into the courtroom from a back door Friday morning and was meeting privately with Wong, district attorney's office spokesman Omid Talai said.

Prosecutor Elizabeth Aguilar-Tarchi said during the pre-trial hearing Monday that Flores should be allowed as a witness. Aguilar-Tarchi said Flores described Mirkarimi as a "Dr. Jekyll and Mr. Hyde" whose aggressive actions "in many instances mirror the current case."

The hearing will continue at 1 p.m. Monday, March 5, 2012.

Wednesday, February 29, 2012

San Francisco, CA -- Prosecutors in the domestic violence case against San Francisco Sheriff Ross Mirkarimi won three additional rounds in court this morning during a pre-trial hearing. The attorney for Mirkarimi's wife, Eliana Lopez, moved to have the case dismissed, to have a key piece of evidence prosecutors plan to use ruled inadmissible and to sanction the prosecutors. San Francisco Superior Court Judge Garrett Wong ruled against those motions. Mirkarimi's lawyers also tried earlier this week to have the potentially damning videotaped evidence thrown out, but were not successful. The judge also denied Lopez's attorney motion to quash Lopez's phone records, which were subpoenaed by the prosecution.

Lopez has refused to cooperate with authorities and has publicly proclaimed her husband's innocence. The district attorney is relying heavily on a videotaped statement that Lopez made the day after Mirkarimi allegedly grabbed and bruised her arm during a New Year's Eve argument. The video was shot by Ivory Madison, a neighbor of the couple, whom Lopez confided in. Lopez's attorney, said her client went to Madison thinking she was attorney, and therefore their communications should be kept confidential under the attorney-client privilege rule. Madison attended law school but is not a practicing attorney. Prosecutors argue that Lopez spoke to Madison as a friend and neighbor. Wong said that Lopez, as the alleged victim, has no standing to assert attorney-client privilege in this case. "The evidence is not being used against her," Wong ruled from the bench in denying the motion to exclude evidence. "The court is not persuaded that there is attorney-client privilege between her and Ms. Madison." Lopez's attorney said she will ask the Court of Appeal Thursday to overturn Wong's decision on an expedited basis. "I hate to be all self-righteous, I think I'm right; I think that there's an attorney-client privilege," her attorney said after today's hearing.

The trial is scheduled to begin Monday, with jury selection starting today. Mirkarimi did not appear at today's pre-trial hearing, but Lopez sat silently in the courtroom behind her attorneys. Mirkarimi, who has pleaded not guilty, has been charged with domestic violence battery, dissuading a witness and child endangerment, all misdemeanors. The violent incident allegedly took place in front of the couple's 2-year-old son.

Lopez's attorney also argued the prosecution should be sanctioned for filing with the court still photographs of the video that show the bruise and depict Lopez looking distraught. The images, which became public documents, quickly went viral, appearing on television, in print publications and online. The distribution of the images, Lopez's attorney argued, shamed and humiliated her client and violated her constitutional right to privacy. "It's broken my client's heart. ... I think the remedy has to be dismissal," she told Wong. She said they were included in the court record to put the squeeze on Lopez to testify against Mirkarimi, a former San Francisco supervisor who was sworn in as sheriff in January. "They're so out of their mind to get Ross Mirkarimi that they trampled my client's rights," she said.

But the photographs are "highly probative evidence" to prove their case against Mirkarimi beyond a reasonable doubt, said Assistant District Attorney Lindsey Hoopes. Prosecutors said the photos were included in the record to show the judge Lopez's state of mind when she spoke to Madison and to make their case that the video is admissible and relevant, the prosecution said.

February 27, 2012

San Francisco, CA -- San Francisco Sheriff Ross Mirkarimi, who is facing domestic violence charges, was not in court for several key rulings in his trial Monday. Mirkarimi, 50, has pleaded not guilty to misdemeanor charges of domestic violence battery, child endangerment and dissuading a witness in connection with a Dec. 31 incident in which he allegedly bruised the arm of his wife, Eliana Lopez, during an argument in which his 2-year-old son Theo was present.

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Judge Garrett Wong ruled that the pictures and statements made by Mirkarimi's wife, which were taken and heard by a neighbor, will be allowed in the trial. Prosecutor Elizabeth Aguilar-Tarchi called the video "the focal point and crux of our case," and argued that it should be admissible in trial under exceptions to the court's hearsay rules. Aguilar-Tarchi argued that the exceptions allow for certain spontaneous statements to be admissible if they are made under the stress of excitement and are made before there is time to contrive or misrepresent facts in a case. She pointed out that Lopez was crying during the video, which she called "the functional equivalent of a 911 call."

Mirkarimi's defense attorney argued that the passage of 18 hours between the alleged incident and the statement Lopez made to Madison gave her time to reflect on it, and that the video was made for use in a custody dispute, not for a criminal case, since Lopez had said she was concerned Mirkarimi might try to take her son away from her. "Just being emotional about something is not sufficient" for a statement to be admissible in trial, the attorney argued.

However, Wong ruled that the video could be used, saying it showed "a woman who is still crying and visibly upset the next day," and that the statement's "brief, cryptic and halting" nature "do not reflect any hint of contrivance." The judge also ruled that although he is not ready to rule on the admissibility of testimony from a former girlfriend of Mirkarimi named Christina Flores, he will listen to her testimony and then decide the next step.

Wong also ruled on a motion by the defense to dismiss the case based on the release of images from the video of Lopez talking to Madison that the defense attorney argued had tainted the jury pool. Wong said he was "concerned about a fair and impartial jury pool" and ordered that the video not be released to the media before it is shown in trial.

The defense attorney said outside of court that she was disappointed that the judge ruled against her on the video matter and her bid to have the case dismissed, but said, "We're going to just keep pushing on and we're going to just win it on trial." Jury selection could begin as early as Tuesday.

Clay Dirt!


Posted: February 29, 2012, 03:54:37 PM PST

SANTA CLARA, CA -- A former Santa Clara police officer was sentenced today to three years in federal prison for passing confidential information to a member of the Hells Angels because he owed the biker money. Clay Rojas, 37 (pictured left) who had served five years with the Santa Clara Police Department, was convicted last year by a U.S. District Court jury in San Jose of 12 felony counts, including conspiracy to commit honest-services fraud, illegal use of a computer for financial gain and improper computer access. U.S. District Judge Lucy Koh ordered Rojas to surrender March 30 to begin serving his sentence. He must also pay a $7,500 fine.

Rojas supplied private information on people from the Department of Motor Vehicles to William Bettencourt, 39 (pictured above, right) a member of the Santa Cruz chapter of the Hells Angels. Rojas, who formerly worked as a police officer in Salinas and San Jose, sent text messages containing criminal history and motor vehicle information to Bettencourt from 2009 to 2010 to avoid having to pay back a loan of several thousand dollars, according to the grand jury indictment. Bettencourt even asked Rojas to look up the biker's own criminal status, court records said. At one point, Bettencourt texted Rojas, "Can u r my name and check status?" according to the indictment.

Rojas' attorney wrote in court papers that his client had acted "out of friendship" with Bettencourt and that there was no connection between the records checks and any outstanding loans. He asked for leniency in the form of probation, saying Rojas had served honorably as a Marine during two tours of duty in Iraq. In an interview today, the defense attorney called the sentence too harsh. "The man made a mistake, no question about it," he said. "He's paying the price. He will never work again in law enforcement."

Assistant U.S. Attorney Daniel Kaleba argued in a sentencing memorandum that Rojas deserved 41 months in prison because he "harmed society by placing his personal interests, and the interests of Bettencourt, ahead of the public he served. Even if the defendant otherwise performed his duties properly, by accepting bribes he injured society by suggesting his services were for sale."

State charges related to the case are still pending against Bettencourt.

Patton Village!


Posted: February 25, 2012 - Updated: February 27, 2012 02:32:37 PM PST

PATTON VILLAGE, TX (WCJB) -- Several Patton Village officials -- including the mayor -- are facing charges for the alleged misuse of funds, and the city council called a special meeting Saturday night to address issues surrounding the scandal. The criminal investigation involved several agencies, including the Montgomery County District Attorney's Office, the FBI, and the Texas Rangers. It ended in the arrest of police officers, the court clerk and Mayor Pamela Munoz. Resident David Gips was at Saturday night's meeting. He said he is glad the arrests were made. "I just think it's a real shame, you know? Everybody pays their taxes, you know? You think that your elected officials will do right with your money and all this comes out," he said. "I'm just glad someone put some light on it and made some arrests."



A grand jury just indicted the group, which includes Munoz, City Secretary Georgia Simons, Court Clerk Paricia Edmonson and four current and former police officers. All are accused of using their public positions for personal gain. The mayor alone is charged with nine felonies and a misdemeanor on allegations she misused tens of thousands of dollars worth of public funds and property. Investigators tell us the accused officers misused public databases for personal purposes.

Media sources spoke with Munoz by phone Saturday. When asked about her arrest and the charges against her, Munoz said, "No comment. I've bonded out, and it's back to work as usual until my court date." City officials said the mayor is expected to be back on the job Monday.

'Camille'!


Posted: 6:33 PM on 24th February 2012 - Updated: February 27, 2012 03:03:37 PM PST



Houston, TX -- A middle school was caught having sex with a 15-year-old student in his home when his younger brother, aged 12, walked in on the pair. Kathryn 'Camille' Murray, 28 (pictured above, center) from Houston was arrested on Thursday and charged with sexual assault of a child. According to a police report Murray went to the boys' house the night of February 11 when his parents were away after he invited her over. The older boy had asked his younger brother in advance if he could invited 'Mrs. Murry' over to the home. Around midnight, according to the 12-year-old, he walked in on the pair in bed. He saw a tan bra and used condom on the floor and the teacher and his brother under the covers.



The older brother then introduced the pair. 'Mrs. Murray (pictured left) say hi to [younger brother].' She replied 'Hola,' according to the boy, who remembered her voice as that of 'Mrs. Murray, a Memorial Middle School Language Arts teacher.' When she left the home at 12:30 am she called out 'Adios.' Interviewed by police afterwards the 15-year-old admitted having sex with her and said he 'was in love with the defendant and he had kissed her.'

Earlier in the week Murray was removed from her post at Memorial Middle School after a report of a then unspecified inappropriate relationship was reported to the principal on February 13. She has taught eighth grade at the school for the past three years. After her initial suspension, before she was fired, superintendent Duncan F. Klussmann said: 'The safety of every SBISD student is our very highest priority. This allegation, if true, represents a complete breach of trust that our children and our community place in our educators every day. 'We will never tolerate any teacher or other employee who takes advantage of and harms a student.' Counselors were at the school for pupils to offer care and counseling over the alleged incident.

Children's Protective Services, Spring Branch ISD police, and the State Board for Educator Certification are also investigating. The boys' family now has a restraining order against Murray. Murray is also barred from going near the school. She is being held in lieu of $250,000 bond.

Montebello!


Posted: February 23, 2012 - Updated: February 27, 2012 11:27:37 AM PST

A 42-year-old teacher at Roosevelt High School has been arrested on suspicion of having sexual relationships with two teenage students. Gabriela Cortez (pictured left) of Montebello, was taken into custody Wednesday evening by Montebello police after they interviewed two teenage male students she allegedly had sexual relationships with in recent years, said Chief Kevin McClure of the Montebello Police Department. One of the alleged victims reported the alleged crime to police after the teacher broke off the relationship, police said. A subsequent police investigation uncovered a second alleged victim, police said. Both alleged victims are now legally adults.

Montebello police investigated the case because many of the alleged illegal acts occurred in the city and her home. Detectives suspect Cortez may have prior victims and are continuing the investigation. Montebello police detectives will formally present their investigation to prosecutors Thursday, but have previously discussed the probe with them.

The teacher was booked into the Montebello city jail on suspicion of having unlawful sexual intercourse with a minor, a felony, and released on $140,000 bail.

Ghost Payrolls!


February 25, 2012 | 6:19 pm PST

Los Angeles, CA -- A high-ranking supervisor with Immigration and Customs Enforcement in Los Angeles has been convicted of defrauding the government by keeping his stay-at-home wife on the federal payroll for more than five years. In all, Frank Johnston and his wife cheated taxpayers out of more than half a million dollars over the years, federal prosecutors alleged in a three-week trial that ended Thursday. "Ladies and gentlemen, you may become disappointed in your government," Assistant U.S. Atty. Joseph Akrotirianakis told jurors at the beginning of trial in downtown Los Angeles. After about half a day of deliberations, the federal jury also convicted Johnston's wife, Taryn, of lying to federal authorities. After the verdicts, U.S. District Judge S. James Otero remarked on what he said appeared to have been a "systemic failure" in the office during the time of the Johnstons' scheme, according to attorneys involved in the case.

Taryn Johnston, who was on paper as an intelligence specialist for ICE, stopped showing up for work sometime in late 2001, prosecutors alleged during the trial. Her husband, a top official in the office, transferred her to a small satellite office with only one other agent and began signing off on her time sheets himself, according to prosecutors. During hours when she purportedly was working, collecting overtime, holiday pay and bonuses on top of her $90,000 salary, she was, in fact, volunteering at her son's school, raising show puppies and even working a second job, prosecutors alleged.

Several ICE officials, in their testimony, indicated that they were aware of the Johnstons' situation long before the scheme came to light through an anonymous tip. The judge had to interrupt the testimony of multiple agents to advise them about their right to remain silent because of incriminating statements they were making, attorneys said.

Frank Johnston's attorney said government witnesses who admitted to illegal conduct themselves should have raised enough reasonable doubt for jurors. "It should have sent up some red flags," he said. An attorney for Taryn Johnston argued during the trial that it was unfair to blame the employee when her supervisors had dropped the ball on overseeing her work. "There was a lot of misconduct at ICE that unfortunately funneled onto the Johnstons," the attorney said Friday.

Frank Johnston also was separately convicted in December of obstruction of justice and lying to federal authorities for trying to get a favorable sentencing arrangement for a convicted felon in an alleged quid-pro-quo deal.


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