Archive for the ‘Law’ Category

Twins Charged with Killing Mother

Saturday, June 26th, 2010

Cited: ABC News

The mother of rebellious teens who increasingly challenged her on issues of dating, cell phone use and even going to school was described as a “loving and open” mother. Her name was Jarmecca and “Nikki” Whitehead.

The 16-year-old twins, Tasmiyah, “Tas,” and Jasmiyah, “Jas,” had at one time been “A” students, involved in Girl Scouts and the performing arts at their Georgia high school. But 18 months ago, they reportedly became so violent and hard to handle that they temporarily moved in with their elderly great-grandmother.

Now they’re locked up, accused of murdering their mother, a beautician who had recently gone back to school to study fashion design.

Whitehead was found dead in her Conyers, Georgia, house in a pool of blood Jan. 14, brutally beaten and stabbed. Just one week before the murder the twins had returned home, but their mother had called police three times to rein in her out-of-control twins.

Now friends say they are not surprised.

“Do I think they were capable of doing it?” said Petrina Sims, owner of Decatur’s Simply Unique salon, where Whitehead worked until her death. “I was hoping not, but after all she had gone through, it was like you almost knew it was them.”

Apparently police thought so too, arresting the girls May 21 after connecting them to the brutal murder of their 34-year-old mother.

The girls face charges of malicious murder, felony murder and aggravated assault, which can carry a life sentence without parole. Prosecutors cannot ask for the death penalty because juveniles are barred from capital punishment in Georgia.

“There was a point soon after the murder when a lot of people became suspicious of the two girls,” Police Chief Eugene Wilson told the Atlanta Journal-Constitution.

The twins have denied killing their mother, telling police that they discovered her body when they came home from school. One of the girls hailed a sheriff’s deputy, who had been serving a warrant in an unrelated case in the neighborhood.

The number of young children who kill is small, but edging up after reaching an all-time high a decade ago.

The murder arrest rate in 2008 was 3.8 arrests per 100,000 juveniles ages 10 through 17. This was 17% more than the 2004 low of 3.3% and three-quarters less than the 1993 peak of 14.4%, according the Office of Juvenile Justice and Delinquency Prevention.

The Whitehead slaying has unsettled this middle-class community of about 80,000 people, just 30 miles outside Atlanta. The last violent crime in Conyers was a 1999 shooting at its Heritage High School, according to Rockdale County District Attorney Richard Reed. Six students were injured in a copycat shooting one month after the massacre at Columbine High School in Colorado.

When the girls became suspects, police literally “beat the bushes” with batons in the Whitehead’s subdivision, searching for a weapon, according to ABC’s affiliate WSB-TV.

Police have gathered evidence that was tested at the GBI crime labs to see if it will help link the girls to their mother’s death.

“Some of that evidence is tested and some testing is ongoing,” said Reed.

He confirmed that Whitehead and her daughters had a tempestuous relationship.

“There were extreme differences between the mom and the girls and there was a lot of emotion and a lot of drama and anger that the girls had directed toward their mom,” said Reed.

Whitehead Twins Charged With Murder Held Separately

Rockdale County public defender Thomas Owen Humphries, who is representing Jas, told the Atlanta Journal-Constitution, “I’ve got my work cut out for me.”

The girls are being held in youth detention centers in two different counties without bond to “keep them from comparing notes,” said Humprhies.

The girls had a history of conflict with their mother, according to Whitehead’s friend and colleague of 15 years. Their father lived in Jamaica and was not a presence in their lives.

“It took its toll on Nikki,” said Sims. “She was a stranger to no one, real sweet. She was a very loving person and not a confrontational person. Any time there was a problem, she would try to bring about a resolution and didn’t even hold a grudge. She was always trying to reach across the board to reconcile.”

“She was always talking about problems with the girls acting out,” said Sims. “They were not wild all the time. They were real amenable girls, involved in ballet, playing instruments and in the performing arts. She had them involved. But they began to rebel and tried to jump on her and got away. The police apprehended the girls and took them to juvenile.”

But in 2008, Whitehead had a confrontation with the twins. “The girls wanted to go somewhere and she said they couldn’t go, and they tried to jump her,” said Sims. “And it wasn’t the first attempt.”

Whitehead called the police. “In spite of that, Nikki still loved those girls,” she said.

The girls ended up in juvenile court and Whitehead’s grandmother, who was more lax about discipline, was given primary custody.

“They liked being with her because they were able to do what they wanted to do,” said Sims. “At first, they weren’t violent, you would have thought they were typical teenagers. But after they were taken out of the home, the case turned. They were unruly and began to tell lies.”

Friends reported that the girls stole money from their family and their great-grandmother, who even had a dead-bolt on her bedroom door.

Over the course of the last year Whitehead had “tried back and forth with the court and with her whole heart” to get her daughters back, but to no avail.

Just a week before the murder, a judge gave Whitehead back custody of her daughters and she pledged to make a clean start. But more defiance ensued at the salon and in their home — over respecting others, sitting down for meals and even going to school.

Whitehead suspected that the girls may be up to something, according to Sims. “She was afraid of them, but I don’t think she knew they would kill her,” said Sims.

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My Take: I have something may have happened to these twins before the shit hit the proverbial fan. It does not seem natural for someone who was well behaved and getting good grades to suddenly become violent. It sounds like these girls at one time were more into True Religion jeans than violence.

I would love to be the Los Angeles court reporter who hears this case. I think sometimes Los Angeles court reporting can be a very interesting and boring job at the same time. In this case, it would be interesting to find out why the girls are into Mek denim jeans. The reason I say this is because these girls should be playing PlayStation 3 fighting games and it should be the only violence and should be involved in.

In fact, some psychiatrists or psychologists believe that these type of games actually believes stress and frustrations. It is a benign way of taking out all that stress and frustration on something that isn’t real. These girls should download PS3 games instead of fighting and arguing with their mother

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Don’t Ask Don’t Tell Repeal Part 2

Wednesday, June 23rd, 2010

Cited: ABC News

The House of Representatives voted by a 234-194 margin late Thursday, May 27, to repeal the controversial “don’t ask, don’t tell” policy toward gays in the military. President Obama said in a statement that he was “pleased” by the House vote.

“This legislation will help make our Armed Forces even stronger and more inclusive by allowing gay and lesbian soldiers to serve honestly and with integrity,” the president said.

The amendment to repeal the controversial policy was offered by Iraq war veteran Rep. Patrick Murphy, D-Pennsylvania, in the House’s version of the defense authorization bill.

“When I served in Baghdad, my team did not care whether a fellow soldier was straight or gay,” Murphy said. “Could they do their job so that everybody in our unit could come home safely. With our military fighting two wars, why on earth would we tell over13,500 able-bodied Americans that their services are not needed.”

Republicans opposed the change, saying that lawmakers should’ve voted after the Department of Defense completed its review to see how the policy would be implemented smoothly.

“This is devastating to the war fighters and the combat infantrymen,” Rep. John Shimkus, R-Illinois, a former Army Ranger, said as the House debated the measure.

Earlier this evening, the Senate Armed Services Committee voted 16-12 on a similar measure, opening the way for a forthcoming Senate vote on whether to repeal the policy.

According to both the House and Senate measures, any repeal of “don’t ask, don’t tell” would take effect only after the completion of a Pentagon Working Group study due Dec. 1, 2010. The almost year-long Pentagon review would detail how the repeal would be implemented and how it would affect service members.

The Senate amendment was approved in a closed session of the Armed Services Committee by 15 Democrats and Republican Sen. Susan Collins of Maine. It was attached to the annual defense policy bill and will be considered by the full Senate later this year.

Lawmakers who oppose repealing the ban and others who oppose repealing it this year would need 60 votes to strip it out. It does not appear that there are 60 votes in the Senate against repealing “don’t ask, don’t tell.”

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“The ‘don’t ask, don’t tell’ policy doesn’t serve the best interests of our military. It doesn’t reflect the best values of our country,” said Sen. Joe Lieberman, I-Connecticut, after the vote.

“Bottom line, thousands of service members have been pushed out of the military, not because they’re inadequate or bad soldiers, sailors, airmen or Marines, but because of their sexual orientation. And that’s not what America’s about. We judge people not on who you are or where you came from or what’s your religion, nationality, race or gender or sexual orientation, I would hope, but on how you do the job,” said Lieberman.

Sen. Jim Webb, D-Virginia, sided with most of the Republicans on the committee. He said he can commiserate with the plight of gay and lesbian service members who cannot be public in their sexuality, but he opposed repealing the ban until the Pentagon review is completed.

“I think its frankly a little disrespectful of the people who are serving to move before that survey came in,” said Webb after the vote.

“I think there’s going to be many people on active duty who feel like they’ve been cut out of the process,” said Webb.

Secretary of Defense Robert Gates had initially asked that Congress not begin the legislative process to repeal “don’t ask, don’t tell” until after the Department of Defense review. The Pentagon said Gates changed his mind after he was informed that would not be possible, a sign that Democrats are expecting a substantial loss in their numbers in Congress in November’s mid-term elections.

‘Don’t Ask, Don’t Tell’ Repeal Faces Stiff Republican Resistance

President Obama, Gates and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen sent Congress a signed certification stating that they’ve all considered the recommendations, the Pentagon has prepared the necessary policies and regulations to implement it, and that the new policy is “consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces.”

The three had to certify that the change wouldn’t impair the military’s ability to fight.

Republican lawmakers panned President Obama and Democrats for moving forward with the vote.

“We’re saying we’re shoving this down your throat and we don’t care,” Rep. Louie Gohmert, R-Texas, said on the House floor Thursday. “The military is not a social experiment.”

Sen. John McCain, R-Arizona, solicited letters from four service chiefs in the U.S. Army, Air Force, Navy and Marine, opposing a vote on the repeal until the Pentagon review is finished.

Democrats say the amendment gives Pentagon what they were asking for, a review on the policy before it’s actually implemented.

“If you love your country, you ought to be able to serve your country,” Rep. Rob Andrews, D-New Jersey, said on the House floor. “That’s the change we’re talking about today.”

Democrats are getting some resistance from conservative members of their caucus, but in the Senate, where the votes were expected to be harder to get, Sen. Ben Nelson’s support provided a needed boost to the leadership.

Nelson, a conservative Democrat from Nebraska, said he would support the amendment in the bill and felt that the provision allowing the policy to be implemented after the Pentagon’s review ensured that the military would be ready before the ban was lifted.

“In a military which values honesty and integrity, this policy encourages deceit,” he said.

The “don’t ask, don’t tell” policy was implemented in 1993 under President Bill Clinton. It disallows gays and lesbians from openly serving in the U.S. armed forces.

Gay and lesbian rights groups applauded the Senate committee vote, calling it a “historic step.”

“The importance of this vote cannot be overstated — this is the beginning of the end of a shameful ban on open service by lesbian and gay troops that has weakened our national security,” Joe Solmonese, president of Human Rights Campaign, a civil rights organization that advocates for gay and lesbian rights, said in a statement. “The stars are aligning to finally restore honor and integrity to those who serve our country so selflessly.”

But others say the question of when it will actually be implemented still needs to be answered.

Lt. Dan Choi, a 29-year-old openly-gay service member whose discharge is pending, said the compromise is “absolutely not what we’ve been asking for” and that he will not be satisfied until the Pentagon actually implements the policy and lifts the ban.

“I don’t agree that we have to accept compromises when there’s complete injustice,” Choi said. “As far as we’re concerned, we have a responsibility to continue asking, when are you going to fully repeal discrimination, when can soldiers finally tell the truth about who they are and who they love, when is integrity going to be restored, and the question when hasn’t been answered yet so no I’m not satisfied.”

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My Take: I think they should repeal the law completely. A soldier’s sex life does not have anything to do with how he performs in battle! And that is not the problem. The problem is that people in the military who are homophobes. Somehow, they have it in their head that they live with and sleep near a homosexual person, it will rub off on them and they will become homosexual. That is the most stupid and idiotic thing I’ve ever heard.

The only difference between homosexuals and heterosexuals is their sexual preference. A gay man would have to eliminate credit debt just like a straight man some day. A straight man who joins a debt relief program will find that a lesbian woman will do the same to resolve credit problems.

Same thing goes with all aspects of life. A homosexual may need to take a defensive driving course for a ticket they received just as a heterosexual would. In fact, I do not believe that any defensive driving program would refuse someone because of their sexual orientation. The only thing I have heard about any homosexual having problems with was a high school student who wanted to wear a tuxedo instead of a formal prom dress. I’m sure you read about it in the newspapers. The result was that she didn’t get to go to were prom because girls are supposed to wear prom dresses were prom.

Continued from “Don’t Ask Don’t Tell Part 1

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Are Guantánamo Detainee Lawyers Being Harassed?

Thursday, June 10th, 2010

Cited: ABC News

The US government investigation into the work of lawyers representing detainees at Guantánamo Bay, Cuba has begun and defense attorney Clive Stafford Smith is no stranger to them. Smith has been investigated 4 additional times for allegations ranging from rule violations on classified information to smuggling contraband that included Under Armor underwear and a Speedo bathing suit to one of his clients.

He says the allegations — which he takes very seriously — have gone nowhere, and he believes they are attempts by the government to intimidate him and other lawyers.

“Doing these Guantanamo cases has been intimidating enough as it is,” said Stafford Smith, who received anonymous death threats early on in his work. “On top of that, to have the government making these kind of threats is over the top.”

But some lawmakers and administration officials see the closer examination of the work of defense lawyers at Guantanamo Bay as necessary, despite the perception of it being “intimidating.”

n ongoing Justice Department investigation, for example, is looking into allegations that military lawyers — who have no connection to Stafford Smith — may have given their clients pictures of their CIA interrogators, a prospect that has many lawmakers alarmed.

By a unanimous vote earlier this week, the House Armed Services Committee approved a defense appropriations bill that includes a measure to expand the power of the Defense Department to investigate the “conduct and practices of lawyers” at Guantanamo.

The measure specifically instructs the DOD inspector general to examine the work of attorneys representing clients at Guantanamo Bay who may have “interfered with operations of the Department of Defense” and report back to Congress.

The measure’s sponsor, Rep. Jeff Miller, R-Fla., proposed the language to the bill because he was outraged by the allegations behind the Department of Justice investigation that is being led by U. S. Attorney Patrick Fitzgerald.

Miller said it’s important to subject detainee defense lawyers to greater scrutiny in order to “identify any policy violations,” that, he said, could compromise national security. “If an attorney was involved in trying to identify a covert CIA officer or their families, the attorney should be held accountable,” Miller told ABC News. “If they were not [involved], the attorney should not have anything to be concerned about.”

The measure is expected to be up for a vote before the full House today.

Lawyer Groups Bristle at Investigations of Detainee Lawyers

But many defense lawyers say the measure is too broad and risks infringing on constitutional freedoms.

The ACLU , which was working with the military lawyers alleged to have provided pictures of CIA officers to detainees, said the statute, if enacted “will prevent civilian and military defense attorneys from doing their jobs.”

Stephen Vladeck, an American University law professor who also defended a Guantanamo detainee, called Rep. Miller’s proposal “the latest salvo in the war on lawyers.”

The proposal to investigate any lawyer who “interferes” with detainee operations could ensnare “virtually every lawyer that has represented a detainee,” he wrote on his blog.

“From the government’s perspective, the representation itself has caused substantial interference, since lawyers have, among other things, informed detainees of their rights; petitioned the federal courts for the detainees release; obstructed the government’s ability to interrogate the detainees and so on,” he said.

The American Bar Association also opposes the provision in the defense bill.

“If passed, this legislation will have a severe chilling effect on the ability of lawyers to provide zealous advocacy and effective assistance of counsel to their clients at Guantanamo,” said Carol Lamm, president of the ABA.

Still, Rep. Miller believes expanded authority for the DOD to investigate lawyers working at Guantanamo holds them to “the same standard of any other individual.”

“Attorney-client privilege doesn’t give them the ability to break the law and compromise national security,” he said.

The Senate Armed Services will get the legislation after the full House votes on it and the debate is expected to continue.

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My Take: This is the type of situation that is very touchy for everyone. In our country, every criminal deserves a criminal lawyer Colorado. However, these criminals are suspected of killing hundreds or thousands of Americans. They may need criminal attorneys, but Americans would rather just take them out and shoot them.

But what I do not understand is why the government is using lawyers, who are Americans, of helping these criminals in any other way than a legal one. Just because a Monmouth County NJ criminal defense lawyer is representing a Guantánamo Bay detainee, does not mean that they are going to give them information they should not have or get them contraband.

I could see it being a problem if these detainees represented by a Denver alimony attorney or expungement lawyer, but they need criminal attorneys. Even a NJ DUI lawyer might raise eyebrows. I’m just so confused as to why they are investigating lawyers. I could see an investigation of these lawyers are taking these jobs are connected with drug lords or crime bosses. But if they’re just US citizens providing legal services, they should be left alone to do their jobs.

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The Falcon Lake Pirates is Not a Sports Team

Thursday, June 10th, 2010

Cited: ABC News

Falcon Lake in the Zapata, Texas has become the scene out of a pirate movie thanks to the Mexican drug cartel pirates. Armed boatman had been reported by Texans on the lake, which hosts some of the largest bass fishing tournaments in the US. Falcon Lake also shares a border with the northern Mexican state of Tamaulipas. However, pirates on this lake have reportedly wielded high-powered rifles and automatic weapons that are nothing like the infamous Somali pirates the Gulf of Aden.

After several incidents in the past month, including armed robbery and attempted armed robbery, the Texas Department of Public Safety and the Zapata County Sheriff’s Department are urging all boaters to stay out of Mexican waters. (The international border is in the middle of the lake.)

“It’s piracy,” said Zapata County Sheriff Sigifredo Gonzalez. “It may not be on the high seas, but they are taking advantage of people on this lake by threatening and robbing them.”

On April 30, five U.S. men on two separate boats ventured into the area of Old Guerrero, a colonial town that’s now a ghost town, on the Mexican side of Falcon Lake, according to a press release from the Texas Department of Public safety (TDPS).

Tom Bendele, owner of Falcon Lake Tackle, in Texas, said he knew the victims involved in the incident.

Bendele said while his friends were taking photos of an old church during a fishing trip on the Mexican side of the lake, four heavily tattooed gunmen in an old bass boat approached them.

“They boarded the boat at gunpoint,” Bendele recounted. “They were all wearing black and [my friends] told me one had Z’s tattooed around his neck — the others had Z’s tattooed on their wrists.”

The men had reportedly identified themselves as “Federales” (Mexican Federal Police), but they were not wearing uniforms. According to the TDPS, they demanded cash, asking, “Where are the drugs?”

The U.S. fishermen told them that they were just fishing and taking photos. They ended up giving the men $200 in cash before leaving the area.

Gonzalez said he believes the pirates may be working for the paramilitary drug cartel organization, the Zetas.

“They need money right now, they are broke,” said Gonzalez. “They are not paying salary to them right now, so this is the only way they know how to get money. They don’t know how to do anything else anymore.”

According to Bendele, the confrontation lasted about a half hour.

“The [pirates] also told them, ‘Tell all your men to stay away. We’ll be checking everyone who comes this way,’” Bendele said.

Mexican Pirates Visit Falcon Lake

After hearing about his friends’ ordeal, Bendele posted a warning to his Web site, alerting fisherman of the possible dangers on the lake: “I am not trying to alarm anybody here. But you need to know that there is a gang war going on just across the border. And until one side wins there is a possibility that you could end up in the wrong place at the wrong time. If you do fish Mexican waters, it is probably best to stay near the main lake, and if you see anything that makes you uncomfortable, leave.”

TDPS also reported a May 6 incident involving three men who were fishing about a quarter-mile north of Saledo Island on the Mexican side of the lake. While fishing, a boat with two men quickly approached them and pointed AR-15’s at the three fishermen. One of the men boarded the boat — he was reportedly searching for drugs, cash and guns. During the incident, a gunman chambered a round into the rifle and told the fishermen he would shoot them if they did not give him money. The fishermen gave the gunmen all the money in their wallets. U.S. authorities were also informed that five armed men had approached a boat on the U.S. side of the lake on May 16. Officials were unable to contact those boaters to determine whether any cash had been taken.

“It worries me,” said Gonzalez. “There are fishermen out there that are coming face to face with pirates. Even if they resist a little, they may get shot and killed. When this happens on the Mexican side, we have no jurisdiction — we can’t even go get the bodies.”

Outside their line of jurisdiction, Gonzalez and his deputies cannot protect fisherman who make the decision to cross into Mexican waters. He is urging all boaters to stay on the U.S. side of the lake.

“We’ve been fishing here for 30 years. We fish that area all the time” said Bendele. “I fish in Mexico more than I fish on the Texas side of the lake.”

Piracy Worries Local Businesses

Falcon Lake is known as having the largest amount of bass in the nation. There are currently seven to eight fishing tournaments scheduled for the rest of the year.

“This is the top lake in the nation for black bass. This lake holds all the records for the Bassmaster’s tournaments,” said Bendele. “I’ve been fishing here for 30 years and never had any problems. I haven’t even been stopped and checked for a license.”

Dan Shoonveld, a fishing guide on Falcon Lake with more than 15 years of experience, worries that word of piracy on the lake may affect his business; since the Department of Public Safety released its reports, far fewer fishermen are venturing out.

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“It’s strange because just a month ago, there would be 30 to 40 boats out in the [Mexican] creek,” said Shoonveld.

Shoonveld believes that the lake isn’t dangerous if you fish smart. He said he often ventures into Mexican waters and has never been confronted.

“I was fishing in Mexican waters just three days ago. Nothing happened, but I wasn’t seven miles into the river or five miles into the Mexican creek,” said Shoonveld. “I only go about 100 to 200 yards into Mexico — mainly because that’s where the fish are.”

“Some who go six or seven miles into the Mexican river area are just asking for it,” he added.

Staying Safe on Falcon Lake

Bendele and Shoonveld, who consider themselves experts on the lake, know that there is danger, but believe it’s relatively simple to avoid.

“You have to use your head,” Shoonveld said. “If someone waves you down, just don’t go over there. Be aware of what boats are Mexican boats. They are very recognizable because they are small, white and usually have a small outboard motor on them.”

Two drug trafficking organizations, the Gulf Cartel and the Zetas, are currently engaged in a bloody turf war to supply Americans with illegal drugs. Residents who fish the lake believe this piracy may become a trend.

“The Zetas are pressing the local community. Once I hear through authorities that things are calming down over there, I’ll start fishing back in Mexico,” said Shoonveld.

“We are trying to get the Mexican military to fly helicopters over the area and patrol,” said Gonzalez.

“It makes me nervous that these things are happening. It irritates me because we can try and do more if the federal government would provide more funding,” said Gonzalez. “I dread having to even think of having a fisherman resisting, shot in the head, and we can’t even go retrieve the body.”

Gonzalez can only warn visitors and locals in his county to stay away from that side of the lake because they were out of his jurisdiction.

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My Take: I love to go fishing. Unfortunately, I don’t get the chance very often anymore. I would think that the Coast Guard could put a show of support to the fishermen by being near the border. That might discourage these pirates. Fishermen in the area should just make sure they don’t get a yacht charter, because that would really attract pirates.

In fact, it might be better to get yacht charter vacations in a completely different area that has fishing. They could get a Florida fishing charter; of course they would not get black bass. However, they would enjoy fishing Key West. That is unless they really wanted to get away from it all and went to Australia. They could come back with all kinds of Australian souvenirs. One they would bring back would be Australian T-shirts.

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Vatican Prosecutor Warns Pedophile Priests

Thursday, June 10th, 2010

Cited: AP

On May 29th, the Vatican prosecutor, Rev. Charles Scicluna, gave a warning to the pedophile priests. In essence, he told them they would suffer damnation in hell and it was worse than any death penalty. The Maltese priest who is a top official at the Vatican’s morality office a led a special “make amends” prayer service in St. Peter’s Basilica. The service grew out of a desire by some seminarians in Rome for a day of prayers for the victims of clergy abuse and for the healing of the church’s wounds from the scandal over its concealment of abuse.

“It would be really better” for priests who sexually abuse minors that their crimes “cause them death” because for them, “damnation will be more terrible” in hell, Il Sole 24 Ore online news reported.

The Vatican said it didn’t immediately have the text of the meditation Scicluna delivered for the two-hour prayer service attended by seminarians and other students of religion.

Scicluna has been leading the Vatican’s drive to rid the church of pedophile priests. Many victims’ groups say the Vatican must admit responsibility for a decades-old culture of secrecy and systematic cover-ups.

Participants at the ceremony asked for prayers “for the victims of abuses perpetrated by men and women of the Church, so that they can heal their wounds and experience true peace,” ANSA reported. Prayers were also offered for clerics and other religious who committed abuses “so that, in the light of day, they can honestly face up to the consequences of their guilt and embrace the needs of justice,” it said.

Scicluna, who could not immediately be reached for comment, began with a meditation from St. Mark’s Gospel saying those who harm children would be better off tying a millstone to their neck and throwing themselves into the sea.

Earlier in the week, the Catholic news agency Zenit reported that several seminary students, including from Britain and the United States, decided to have the prayer service in response to Pope Benedict XVI’s harsh letter to Irish bishops in March.

In that letter, Benedict chastised bishops in that predominantly Catholic nation for making grave errors of judgment about the abuse. But he didn’t blame Vatican policies that kept the abuse secret for making the situation worse and he issued no punishment for the bishops.

The Vatican considers any scandal in the Italian church to be delicate. Cardinal Angelo Bagnasco, the head of the Italian Bishops Conference, stated it may be possible that sex abuse by clergy may have been covered up in Italy when speaking to his churchmen. He also stated that the bishops should follow the guidelines set down by the Vatican in dealing with abuse allegations.

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My Take: Vatican prosecutor? Well, I guess since their considered an independent country that they would have their own prosecutor. But if they had their own prosecutor, why have they not been prosecuting their priestly pedophiles? Are they waiting for the Wellington FL family attorneys to show up or what? If that’s the case, and I was a West Palm Beach FL family lawyer, I would be on your doorstep in a snap!

Priests never seem to have a need for Manhattan employment lawyers. But they do seem to have a need for criminal lawyers! You never hear about a New York employment discrimination lawyer been hired by a priest, do you? But it seems in recent decades, priests have had need for criminal lawyers a lot. That is, if the church doesn’t I need the accusations or crimes.

In fact, I think I have heard more about priests having problems with online casino gambling than anything else. It seems with the technology age it is much easier to play blackjack online than to go to a real casino.

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Family Charged with Breaking Child Labor Laws

Thursday, June 10th, 2010

Cited: ABC News

The owners of a family pizzeria in Connecticut are fighting back after the state’s Department of Labor began investigating them for allegedly violating child labor laws because there children help out on weekends.

Michael and his wife Migdalia Nuzzo filed a complaint in federal court on May 20 claiming that the Department of Labor was violating their civil rights.

“[The Department of Labor] is attacking my culture, my heritage and my tradition. This is the way we were raised,” Nuzzo told ABCNews.com. “I’ve learned more working for my father than I did at a four-year college where I got a degree in financial accounting.”

In his complaint, Nuzzo denied he did anything wrong by trying to teach their children the family business, a 55-year-old pizzeria named Grand Apizza in Clinton, Conn.

“Michael helps me make pizza, and he’s an excellent pizzaman just like I was when I was his age,” said Michael Nuzzo of his 13-year-old son with the same name.

According to the Nuzzo’s complaint, on May 12, a special investigator from the state’s Department of Labor came to the restaurant to inform the Nuzzo family that, under child labor laws, their children “could not be seen assisting their parents” in the restaurant.

Connecticut Department of Labor spokeswoman Nancy Steffens confirmed to ABCNews.com that they went to the Nuzzo restaurant after receiving a tip. She declined to go into more detail about who may have sparked the investigation.

“The investigation is still underway and we were basically just providing outreach and education, to notify the family that children under the age of 14 are not allowed to work in a commercial establishment,” said Steffens. “You can fine a restaurant but nothing like that was done. We were just letting them know the law.”

The case has been turned over to the state’s Attorney General’s office, who said in a statement that they are “carefully reviewing the allegations and facts surrounding the case,” but that there has been no enforcement action taken against the Nuzzos.

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Nuzzo Family Says Kids Learn Family Business in Pizzeria

The Nuzzos meanwhile say their children are devastated that they are barred from helping at the restaurant.

“Michael is very, very upset and doesn’t understand why people would do this,” said Nuzzo. “We’re not paying him. He just loves it. He’s learning the family trade.”

According to the complaint, the Nuzzos say their children “do not operate dangerous equipment, are not paid wages,” and “regularly attend public school.”

Asked whether his kids are ever allowed to skip school if they’re needed at the restaurant, Nuzzo said no, “Never during school. School is very important and I hope all three of them go to college.”

Nuzzo also said that Michael, while he does make pizza, never goes near the pizza ovens.

The family’s three children, Michael, 13, Brittany, 11, and Christopher, 8, only come to the restaurant on Friday nights and Saturday, when their grandfather – and the restaurant’s founder – is there as well, said Nuzzo.

“My father is 84 years old and when he sees his grandson helping him, it puts a twinkle in his eye. He’s so proud of his grandson,” he said.

“I hope the Department of Labor leaves me alone and lets my family live our life of tradition,” said Ruzzo.

Connecticut’s Child Labor Laws Don’t Allow Kids Under 14 to Work

It may not be that easy, according to Daniel Schwartz, a Hartford-based lawyer who is also the author of the Connecticut Employment Law Blog.

“The law is pretty clear that children, particularly under the age of 14, aren’t allowed to work,” said Schwartz. “Many many years ago the state said that they wanted kids to be in school, not at work.”

“There isn’t a family business loophole, which I think is certainly something that responsible parents could make a good argument for,” he said. “But the way the law is set up is to prevent the unscrupulous parents from taking advantage of their kids.”

“There has to be a balance for parents who are really trying to provide an education and real world experience versus parents who are taking advantage of free labor.”

Schwartz said that the states definition of the law is fairly circular, a child doing anything that “ads by you to a business” could very well be considered as such.

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My Take: It sounds to me that some customer is sticking their nose in where it doesn’t belong. They probably came in on a day that the young boy did something wrong and dad, mom or grandpa was chewing him out and didn’t like it. It happens when you take things out of context. I think it is a good thing that the young boy wants to be part of his family’s business and is willing to learn it. The state should leave them alone.

It might be different if he was paying his son and sending information to his payroll services. The state would have evidence that the boy is an employee. That would violate labor laws in my opinion. But, it doesn’t sound to me that the author even needs payroll solutions. If anything, he might need small business funding to expand his business.

In fact, a small business loan might help him increase his profits so that his kids could go to college in the future. I think it is great that he wants to send his kids to college. It sounds to me that at least one of his children wants to carry on the business when they grow up. Right now the boy is learning the business from the ground up. When he gets older he’ll probably learn how to use the credit card machines to take payments for pizza orders.

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Feds Threaten Arizona Lawsuit over Bill 2010

Thursday, June 3rd, 2010

Cited: AP

On May 28, Arizona Attorney General and aides to the government that the federal government had serious reservations about the new immigration law by the Justice Department. Their response was a lawsuit wasn’t the answer.

“I told them we need solutions from Washington, not more lawsuits,” said Attorney General Terry Goddard, a Democrat.

The Justice Department initiated separate meetings by phone and face-to-face in Phoenix with Goddard and aides to Republican Gov. Jan Brewer to reach out to Arizona’s leaders and elicit information from state officials regarding the Obama administration’s concerns about the new law.

The strong message that the Justice Department representatives delivered at the private meetings — first with Goddard, then with Brewer’s staff — left little doubt that the Obama administration is prepared to go to court if necessary in a bid to block the new law, which takes effect July 29.

Five private lawsuits already filed

Goddard said he noted that five privately filed lawsuits already are pending in federal court to challenge the law.

“Every possible argument is being briefed,” said Goddard, who is running unopposed for his party’s nomination for the governor’s race.

Brewer, who is seeking re-election, later said in a statement that her legal team told the Justice Department officials that the law would be “vigorously defended all the way to the United States Supreme Court if necessary.”

The department officials, Brewer said, “Were advised that I believe the federal government should use its legal resources to fight illegal immigration, not the state of Arizona.”

“Key provisions of the sweeping law include a requirement that police enforcing any other law question people about their immigration status if there is “reasonable suspicion” that the people are in the country illegally. It also makes it a state crime to be in the country illegally.

Arizona has an estimated 460,000 illegal immigrants, and the law’s supporters contend it will save taxpayer money and reduce crime by pressuring illegal immigrants to “self-deport.”

Racial profiling potential at issue

Federal officials and other critics fear the state law could lead to widespread racial profiling.

Goddard said it would be wrong to assume that Arizona law enforcement officers would not act in a fair and highly professional manner.”

Brewer, who has hired private attorneys to represent her in the pending cases, expressed unease with Goddard’s willingness to defend the law.

Goddard earlier vowed to defend it.

“While Senate Bill 1070 is far from perfect, it is a response to a very serious problem,” Goddard said. “I told the lawyers that it would be just plain wrong for the federal government to sue to stop Arizona from dealing with something that the federal government has ignored for so many years.”

Issue goes nationwide

The federal officials’ trip to Phoenix also was an effort to see if the two sides can find common ground in the debate, which has reignited immigration as a major political issue nationwide.

A number of other states are considering laws similar to Arizona’s.

Justice Department spokesman Matthew Miller noted that U.S. Attorney General Eric Holder met with a number of police chiefs Wednesday in Washington “to hear their concerns about the impact of the Arizona law on their ability to keep communities safe.

“We continue to have concerns that the law drives a wedge between law enforcement and the communities they serve and are examining it to see what options are available to the federal government,” Miller said.

Even though several Arizona associations that represent rank-and-file police officers support the law, numerous police chiefs have criticized the new immigration law

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My Take: Maybe Governor Jan Brewer should be wearing flame resistant clothing since she’s come under fire so much recently. I am one of those Arizonans who is tired of the Mexican-Americans complaining that they are not getting treated fairly. Considering that there are so many illegal Mexicans in the state, I wonder why they’re not treated fairly. These illegals are wearing their Carhartt clothing and driving new cars that our tax dollars pay for. Somebody had to do something!

What happens when a Mexican is working a construction site and is injured because of a defect in equipment or materials? His boss filed a claim and the construction defect lawyer does not have an injured person as evidence of the defect because the person injured has disappeared. Why did they disappear, because they weren’t legally in the country?

That same construction lawyer would then advise the site boss to double-check his employee, otherwise he will get fined for hiring illegals. Then you have the other Mexicans that are working there legally hiring harassment attorneys because every time they turn around their getting checked to make sure they are legal. But, FCRA lawyers are different. They work for the person who purchased the defective equipment and not the employee who was injured.

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US Hunts down Jamaican Drug Lord

Thursday, June 3rd, 2010

Cited: ABC News

Drug Enforcement Administrative Air Wing pilots and planes had been put on standby alert by US law enforcement officials as they await the outcome of discussions between alleged Jamaican drug lord Christopher “Dudus” Coke and the US government. They are waiting to see whether Coke will be brought out of hiding in handcuffs or in a body bag.

US Marshals, DEA agents and federal prosecutors are working hand in hand with senior Jamaican military and police officials in an effort to effect a surrender and extradition of Coke, who is wanted on federal drug and firearms charges, to the United States.

At least 60 Jamaicans, including both civilians and security officers, have died since Jamaican authorities began moving in on Coke’s barricaded West Kingston neighborhood in an attempt to capture him Monday. The U.S. has wanted to extradite Coke since 2009, but the Jamaican government had resisted until this month.

The violence shows no signs of abating and has spread to adjoining neighborhoods. The police and military effort to curb it now has by some estimates “thousands” of troops on the streets. Jamaican authorities allege that Coke brought in gunmen from other parts of Jamaica and other Caribbean islands to help prevent his capture.

The 2009 U.S. indictment of Coke charges that he shipped firearms back to Jamaica from the U.S. The island nation has one of the highest murder rates in the Western Hemisphere. Nearly 1700 people were slain in 2009, out of a population of about three million, and as 2010 approaches the halfway mark about 1300 have already been killed.

On Tuesday, U.S. authorities said they believed Coke had escaped through a ring of hundreds of cops and soldiers who had surrounded the West Kingston neighborhood of Tivoli Gardens. Jamaican and U.S. authorities report that Coke may have slipped through police lines and escaped into one of two adjoining areas, either Denham Town or Jones Town.

Jamaican Prime Minister Bruce Golding had resisted U.S. efforts to extradite Coke, citing doubts about the use of wiretaps to gather evidence against Coke. Golding dropped his resistance to Coke’s extradition during the week of May 10, 2010, under intense pressure from Jamaica’s main political parties, the ruling Jamaica Labour Parties (JLP) and the opposition People’s National Party, or PNP. On May 17th Golding announced that he would direct his Attorney General to sign an order that would allow Coke’s arrest.

Following that announcement, the West Kingston communities allied to Coke began non-violent protests. But even then it was apparent to authorities that Coke’s supporters were gearing up for an armed confrontation. They fortified their neighborhood with sandbags, threw up road blocks, installed improvised explosive devices and electrified fencing, all in an effort to block Coke’s arrest.

Coke’s forces are heavily armed with an arsenal that includes automatic rifles and hand grenades. Authorities are attempting to confirm reports that the drug gang also has rocket launchers.

According to the indictment issued in New York in 2009, Coke is alleged to head an international criminal posse known as “The Shower Posse” that operates in Jamaica and the United States. He has been charged by U.S. authorities with conspiracy to distribute marijuana and cocaine and conspiracy to traffic in firearms.

Coke is alleged to have sold crack cocaine and marijuana in the New York area since the 1990s and to equip his gang members with illegally procured weapons.

Coke, aka “Presi,” “President,” “Dudus,” and “Shortman,” according to the indictment, is alleged to have sold more than 1000 pounds of pot and at least five kilos of cocaine during the period of the indictment, 1994 through 2007.

Coke’s posse allegedly operated out of the Tivoli Gardens neighborhood in West Kingston, which the indictment described as a garrison community, “a barricaded neighborhood guarded by a group of armed gunmen.” The indictment also alleged, however, that the Shower Posse had a presence in “other areas of Jamaica, and in other countries, including the United States.” At Coke’s direction, Shower Posse members allegedly sent firearms back to Jamaica, which has one of the highest murder rates in the Western Hemisphere.

Coke’s “power and influence” the indictment charged, enabled him to protect his posse as it shipped dope to New York and weapons to Jamaica. Coke’s alleged ties to Jamaica’s prime minister and ruling party have been a major factor influencing the US inability to extradite him in the past. Now plug ugly is going on inside now have

In March, the political opposition criticized Prime Minister Golding for allegedly hiring a lobbying firm in the US to fight the extradition of Coke. The Jamaican government did hire a firm to lobby the US over the treaty dispute according to lobbying documents. Golding said the effort was on behalf of his political party and not the government when he later admitted that he approved the hiring of the firm.

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My Take: I know this is costing millions of dollars, but is it worth it? This country is so far in debt now; do we really need to go further in debt over a drug lord? He is probably going to hire a Bucks County criminal lawyer and get off. At least, that’s what it seems to go for these crime lords.

I am sure that even a assault lawyer Philadelphia would defend this drug lord to his best ability. But sometimes, I wish lawyers would allow their morality or conscience to interfere in their work. I recently got a movie download where a lawyer did just that. Of course, he was reprimanded severely for doing it, but he did. Actually it was my mother’s choice of movie, it was a good movie but I prefer to download horror movies.

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Don’t Ask Don’t Tell Repeal Part 1

Thursday, June 3rd, 2010

Cited: AP

On May 27, the 1st step toward ending the policy that allows gays to serve in the military only if they do not close their sexual orientation was finally taken by Senate committee. The Senate Armed Services Committee approved, with a vote 16-12, a provision to repeal the 1993 “don’t ask, don’t tell” policy.

Sen. Susan Collins of Maine, the only Republican to vote for the amendment to a defense spending bill, said it passed after “vigorous and aggressive debate.”

Sen. Joe Lieberman, I-Conn., who promoted the measure with Armed Services Chairman Carl Levin, D-Mich., said: “It’s time for this policy to go. It doesn’t reflect America’s best values of equal opportunity, and it’s not good for the military.”

Repealing the 1993 law, a priority of gay rights groups that President Barack Obama has pledged to pursue, still faces a tough road.

The full House is expected to take up the identical amendment late May 27th or 28th and opposition is fierce, particularly among Republicans who cited letters from military service chiefs urging Congress to hold off on the legislation until the Pentagon completes a study of the impact on military life and readiness.

The measure could face a filibuster when it reaches the Senate floor.

“I think it’s really going to be very harmful to the morale and effectiveness of our military,” said Sen. John McCain of Arizona, the top Republican on the Armed Services Committee and a leading opponent of the repeal.

Still, the vote was welcomed by gay-rights groups. “This is the beginning of the end of a shameful ban on open service by lesbian and gay troops that has weakened our national security,” said Joe Solmonese, president of Human Rights Campaign, a leading gay-rights organization.

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‘We need to get this done’

In the House, debate on “don’t ask, don’t tell” dominated an all-day session on a bill that approves more than $700 billion for military operations.

Democrats stressed that the measure was a compromise under which the repeal would not go into effect until the Pentagon completes its study, expected in December, and until Obama and military leaders certify that it would not adversely affect the military’s ability to fight.

Republicans countered by reading similar letters written by the heads of the military services asking Congress to wait.

“I also believe that repealing the law before the completion of the review will be seen by the men and women of the Army as a reversal of our commitment to hear their views before moving forward,” wrote Gen. George Casey, head of the Army.

Congress going first “is the equivalent to turning to our men and women in uniform and their families and saying, ‘Your opinion, your view, do not count,’” said Rep. Howard “Buck” McKeon of California, the top Republican on the House Armed Services Committee.

But Rep. Jared Polis, an openly gay Democrat from Colorado, said most Americans “recognize that on the battlefield, it doesn’t matter if a soldier is lesbian, gay or straight. What matters is they get the job done for our country.”

Rep. Patrick Murphy, a Pennsylvania Democrat who served in the Iraq war and who is the chief sponsor of the amendment, said, “We need to get this done, and we need to get it done now.”

The Senate panel’s vote of approval was sealed when Sen. Ben Nelson of Nebraska, a conservative Democrat, endorsed it earlier this week. He said then a provision in the bill giving the military the power to decide on the details of implementing the policy was key to his support because it “removes politics from the process” and ensures repeal is “consistent with military readiness and effectiveness.”

Advocates hoped the momentum in the Senate would carry over to the House, where several conservative Democrats, including Rep. Gene Taylor of Mississippi, threatened to oppose the massive defense spending bill if it included the repeal.

Continued in “Don’t Ask Don’t Tell Part 2

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My Take: These guys can’t seem to agree on anything anymore! They probably even argue over new or used copiers for their offices. And that is even if they only need replacement parts. What these guys need to do is what their wives do when they’re frustrated and that is a little aromatherapy with wickless candles. Maybe soaking in a nice hot tub will make them relax. They wouldn’t even have to worry about lighting the candle because Scentsy candles have no wick to light.

The only thing politicians ever agree on is there annual wage increase in net that the beginning of the session. Maybe if they had house or techno music playing in the background might be able to agree on something. I’m sure you know the kind of music I’m talking about; it’s the kind of music at the Santos NYC club.

Right now the only thing these politicians are worried about are the votes they won’t get if they do the wrong thing!

Continued from “Don’t Ask Don’t Tell Part 2

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Man Confesses, He Kills People for Money

Sunday, July 19th, 2009

Cited: Associated Press

Just hours after being arrested in a suburban alley, Vincent Smothers told an investigator, “I don’t have a profession,” he said calmly. “I kill people for money.” He then told the police in detail, how he accomplished in murders he was hired to commit. He first stalked his victims before shooting them at close range. Apparently, he killed while talking on his cell phone and shot others as they appeared to lay lifeless on the ground.

Even in Detroit, which had more than 300 slayings last year, Smothers’ case is notable: Rarely is one person charged in so many deaths. On Friday, his lawyers planned to ask a judge to have the confessions thrown out, arguing he was worn down while in custody. Police deny it.

“He’d been accused of doing so many, he just wanted to get it over (with),” said Detective Sgt. Ken Ducker of the Michigan State Police. Police say the work paid $60,000 over two years, although Smothers did one job for as little as $50. All but one of his victims were involved in drugs. The exception was a police officer’s wife.

At 6-foot-1 and less than 150 pounds, Smothers said he didn’t raise suspicion, according to a police account of the confession. He was able to walk up to two Chicago men in town for a drug deal in May 2007 and ask if they needed help with their car, which was parked with the trunk open near an interstate.

“He said, ‘Naw, young fellow.’ … Once he turned where he couldn’t see me, I pulled the pistol out and shot him in the head,” Smothers told police.

He said he fired through the windshield and the passenger window while the other man tried to honk the horn to attract attention. Smothers changed weapons without hanging up the phone with the man who hired him. The pay: $15,000.

His last alleged slaying-for-hire was Rose Cobb, the 47-year-old wife of a Detroit officer, on the day after Christmas 2007, according to the confession. She was sitting in her van outside a pharmacy when Smothers, wearing a ski mask, broke a window with a tire iron and shot her in the head.

“My stomach was in knots,” he told police. “I felt like she was innocent. … All the rest were dope dealers.” Smothers said Cobb’s husband, David Cobb, arranged the killing while having an affair. The sergeant was never charged but hanged himself in September.

The confessions were evidence at a series of hearings over the past year where judges found probable cause to put Smothers on trial. Police also have tapes of the interviews.

Defense lawyer Gabi Silver doesn’t dispute the words but claims Smothers, 28, was coerced with promises that his wife would not be charged with helping him.

“The interrogation was extremely long and unfair. … The confessions were the product of duress,” Silver said in a recent filing in Wayne County Circuit Court, where Smothers faces six trials.

He spent nearly four hours in April 2008 confessing to Cobb’s death, then went on to talk about the other killings, chief investigator Ira Todd said. Smothers seemed remorseful.

“I knew at the time these crimes were committed, they were wrong and that there would be a price to pay,” he wrote. “After Cobb’s wife, I could no longer have anything to do with murdering people. “I can’t bring them back,” Smothers wrote, “But I hope this will allow their families to know that someone is going to pay behind what happened to their loved ones.”

Judge Craig Strong began hearing testimony last month until appeals were made concerning police testimony. On Friday, July 17, it was reported that Judge Strong had resumed hearing testimony over confessions made by Vincent Smothers who has been described as a “killer-for-hire” in eight different Detroit murders. His lawyer, Gabi Silver, claims that the police coerced him after hours of interrogation to confess and has requested that the statements be thrown out.

Apparently, the judge has disagreed and began hearing Officer LaTonya Brooks on Friday in Wayne County Circuit Court. Vincent Smothers is facing 6 trials on 8 fatal shootings based on his confessions that police say were detailed and voluntary. The confessions also state that he was paid $60,000 over a two-year period.

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My Take: I do not think I will ever understand how anybody can take the life of another. Apparently, the pay must be good. He definitely did not need employee payroll services. Although, he probably could have utilized online payroll services to get paid. Seriously, I really do not understand. Life is such a precious thing.

Life is hard, money is tight, but that does not make it right for someone to take a life for money. I do believe he did the right thing in confessing. Although, he was misguided in the idea that he was only killing bad people. I am very sure that there are a lot of bad people that should not be living right.

Maybe taking the life of an innocent person made him realize what he was doing wrong. The ironic thing is he could still have been a killer by going into pest control. He could have been killing all kinds of things, bugs that is. However, using roach killer may not have given him the same satisfaction or the income, it still would have been killing. He could have been using do it yourself pest control and still make money.

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