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Posts by Jesse Wendel
Texas Court Rules Against Seizures of FLDS Children
Posted by Jesse Wendel, Group News Blog on May 23, 2008 at 5:01 AM.
In a stunning reversal, the Texas 3rd District Court of Appeals reversed the District Judge who ruled last month that the children sized in the April 3, 2008 raid on the Fundamentalist Church of Jesus Christ of Latter-Day Saints, should not have been taken by the State, saying “The Department did not present any evidence of danger.”
CNN
The judges did not order that the children be returned to Yearning for Zion Ranch in Eldorado, but they directed the lower court to vacate its order granting custody of the children to the state.
In its ruling, the Texas 3rd District Court of Appeals decided in favor of 38 women who had challenged the removals and appealed a decision last month by a district judge that the children remain in state custody.
"The existence of the FLDS belief system as described by the department's witnesses, by itself, does not put children of FLDS parents in physical danger," the three-judge panel said.
More than 450 children were removed from their homes on the Yearning for Zion Ranch, which is owned by the Fundamentalist Church of Jesus Christ of Latter-day Saints, a Mormon offshoot that practices polygamy.
An attorney representing the mothers said the trial court that originally backed the state's seizure of the children has 10 days to vacate its decision. If it doesn't, the appeals court will act, said Julie Balovich of Texas RioGrande Legal Aid.
Although the ruling applies only to 38 mothers and their children represented in this case, "we believe the reasoning in the court of appeals decision would apply to all children," Balovich said.
After the state took custody of the children, the mothers appealed the order on the grounds the department failed to establish that the need for protection was urgent.
Because no such proof was presented, the mothers argued, the district court -- which backed the department's seizure of the children -- "was required to return the children to their parents and abused its discretion by failing to do so."
The appeals panel agreed.
"Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal prior to full litigation of the issue," the panel wrote.
Outside the courthouse, Balovich said it was "ridiculous" how the courts had ignored the parents' rights.
"It was about time a court stood up and said that what has been happening to these families is wrong," she said.
Flanked by the FLDS mothers represented in the case, Balovich said authorities considered the YFZ Ranch one household, an assertion with which the appeals court did not agree.
Therefore, proving that there was abuse in one household did not mean the state could apply that behavior to the entire ranch.
"This was the right decision," Balovich said, adding that she and her clients are "ecstatic about this news."
The authenticity of the initial abuse reports that turned authorities' attention on the ranch is in question, the court noted in its ruling.
Police have alleged that a family shelter crisis line received multiple calls March 29 and 30 from a caller claiming to be Sarah Jessop Barlow, age 16.
At least one of the telephones used by "Sarah Barlow" has been traced to a Colorado woman. Police say Rozita Swinton is a person of interest in connection with the reports of abuse at the ranch, but she has not been charged. She does, however, face a charge of providing a false report to authorities in a Colorado case.
Read the rest of the post on the flip side »
John Murtha Endorses Hillary in Pennsylvania
Posted by Jesse Wendel, Group News Blog on March 19, 2008 at 7:35 AM.
Just over one month to go till the Pennsylvania primary, and Pennsylvania 12th District, veteran, and anti-Iraq war activist Congressman John Murtha (D) has endorsed Senator Hillary Clinton for President.
The Washington Post"Sen. Clinton is the candidate that will forge a consensus on health care, education, the economy, and the war in Iraq," Murtha wrote in a statement about his decision.Murtha, who represents the 12th district of Pennsylvania, near Pittsburgh, was an early and sometimes inflammatory critic of the Iraq war. As a retired Marine Corps colonel and the first combat veteran of Vietnam elected to serve in Congress, Murtha's voice on Clinton's behalf could prove especially valuable in both inoculating her from anti-war criticism and bolstering her claim that she is the most qualified to serve as commander-in-chief. That message is the backbone of Clinton's appearances this week."Her experience and careful consideration of these issues convinced me that she is best qualified to lead our nation and to bring credibility back to the White House," Murtha said. He said he "whole-heartedly" recommends Clinton to all voters in his state.Meanwhile, Obama is setting the bar for Pennsylvania low, low, low, telling major donors that Hillary should win in Pennsylvania, and that his goal is simply to get within 10 points.
Read the rest of the post on the flip side »
Bush Uses Signing Statement to Legalize Warrantless Searches of US Citizens' Mail
Posted by Jesse Wendel, Group News Blog on March 6, 2008 at 10:13 AM.
On December 20, 2007, President Bush signed routine postal legislation. In a "Signing Statement", the President claims Executive Power to search the mail of U.S. citizens inside the United States without a warrant, in direct contradiction of the bill he had just signed.
The Seattle Times
The move, one year after The New York Times' disclosure of a secret program that allowed warrantless monitoring of Americans' phone calls and e-mail, caught Capitol Hill by surprise.
"Despite the president's statement that he may be able to circumvent a basic privacy protection, the new postal law continues to prohibit the government from snooping into people's mail without a warrant," said Rep. Henry Waxman, D-Calif., the incoming House Government Reform Committee chairman, who co-sponsored the bill.
"You have to be concerned," a senior U.S. official agreed. "It takes executive-branch authority beyond anything we've ever known."
Yet, in his statement, Bush said he will "construe" an exception, "which provides for opening of an item of a class of mail otherwise sealed against inspection in a manner consistent ... with the need to conduct searches in exigent circumstances."
White House spokeswoman Emily Lawrimore denied Bush was claiming new authority.
"In certain circumstances -- such as with the proverbial 'ticking bomb' -- the Constitution does not require warrants for reasonable searches," she said.
Bush, however, cited "exigent circumstances" that could refer to an imminent danger or a long-standing state of emergency.
I feel safer already.
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Army Body Armor Tests Postponed... Again
Posted by Jesse Wendel, Group News Blog on January 2, 2008 at 6:07 AM.

Who You Gonna Believe? Me Or Your Lying Eyes?
Friend of GNB, Lurch of Main and Central has an interesting take on Army logistics.
Seems yet again -- what is this, the third time? -- the Army has postponed side by side comparisons of the Dragon Skin body armor against Interceptor armor which the Army swears is safe.
Main and Central
A cynical fly on the wall would not have been surprised to have heard "some" armor manufacturer say, "Are you insane? We can't stand up to a side-by-side test! We need tome to build a better vest for the testing."
The Army insists the Interceptor is the best armor available, and has in fact warned GIs that if they wear Dragon Skin and are injured or killed, they families will not be allowed to collect their SGLI benefits.
If any reader believes Whining Joe Lieberman and Dick "dick" Cheney aren't wearing the very best armor money can buy, please contact me. I have a controlling interest in a bridge I'm prepared to sell you for a bargain price. After gaining approval from the Mayor of New York, and the Borough Presidents of Manhattan and Brooklyn you will be able to erect toll booths. It's an income for life!
Pinnacle's [DragonSkin] [Murry] Neal says he plans to submit Dragon Skin samples for the upcoming test and is glad the Army is finally taking his technology seriously.
"The extensions, as we have been told by several Army personnel, are primarily for the current manufacturers to fix the plates that have been run through preliminary testing and that are not passing with enough percentage to guarantee passing the [final] testing," Neal said in a email to Military.com, adding he's only too eager to pit his flexible -- otherwise known as "scalar" -- system up against any comers.
If their vests weren't ready in the Summer of 2007, and they needed more time to jigger improvements, then the Interceptor certainly wasn't the best vest available.
I just want to point out that NBC filmed their side-by-side tests of the Interceptor and Dragon Skin vests. The Army either didn't, or won't release the films. Suspicions that the Mk II pencil was involved in the testing just might be valid.
There's more...
This story won't quit.
Read the rest of the post on the flip side »
Top Ten Reasons Why the WGA's Deal With Letterman Is Great
Posted by Jesse Wendel, Group News Blog on January 1, 2008 at 9:25 AM.
Go Letterman Go!
The WGA made a full deal with World Wide Pants, Dave Letterman's company.
The deal INCLUDED the entire MBA. Everything the the WGA had on the table -- where the AMPTP left it when they walked out 25 days ago -- has now been negotiated fully, closed and signed with 'Pants.
Done. Game over. (For WWP. Their writers -- and only their writers -- are returning to work.)
What great, amazing news.
United Hollywood (Howard A. Rodman, member of the WGA Board and founder of the Guild's independent film writers committee)
Top 10 Reasons Why The Worldwide Pants Deal is a Good Idea
10. The AMPTP says that we're too crazy, too ideological, too amateurish to make a deal, and this lets us say, oh yeah?
9. The Networks That Are Not CBS will be hard put to justify to their advertisers and stockholders why they're letting the competition have a real late-night show while they go forth with writerless efforts. (As The Canadian Press put it yesterday, "Jay Leno, Conan O'Brien, Jimmy Kimmel and Jon Stewart all plan returns to late-night television over the next two weeks, but aside from their familiar faces, viewers may not recognize much.")
8. And despite what some will say, that's genuine pressure. Yes, the conglomerates have deep pockets. But they do have to answer to the folks who pay the bills.
7. Because it's not just a plain vanilla interim deal: this is a deal we can use as a model, with cherries on top.
6. Cherries, in this case, meaning that the Letterman deal is the full MBA, complete with the New Media proposals we couldn't get the other side to move on at the Big Table. This shows our proposals are affordable. And, perhaps best of all, Worldwide Pants is taking on the liability of our contract provisions, including not only the payment terms, but also the backstop of the fair market valuation test under the MBA.
5. Although this will be very hard on Leno, Conan, Kimmel and other late-night Guild writers, the wedge that it drives between the networks is deeper and sharper than the wedge it drives between writers. While the companies understand ROI, only we understand solidarity.
4. Go re-read number 10.
3. Like the waiver for the SAG awards, it lets people know that, when we are able to, we honor those who honor us.
2. Because in 1988, Letterman called management "money-grubbing scum." Out loud. In public.
Read the rest of the post on the flip side »
Why Jamie Lynn Spears Is Knocked Up
Posted by Jesse Wendel, Group News Blog on December 20, 2007 at 1:08 PM.
Jamie Lynn Spears, sixteen, star of the Nickelodeon show Zoey 101, has announced she is twelve weeks pregnant with the child of her boyfriend, student Casey Aldridge, nineteen.
Jamie's pregnancy should not impact production of Zoey 101 which already completed production of its fourth season.
Sister Britney tonight denied Wednesday night her baby sister is pregnant. TMZ has the video.
I can't count as a paramedic how many teenage mom's I've had in the back of my rig. Or how often I've referred someone to Planned Parenthood for birth control. In fact, I referred a teenager there last week.
What isn't surprising to me is this child getting pregnant. Her home life is well known to not be of especially high quality. Born in McComb, Mississippi, just on the borderline of Louisiana, she was raised Baptist. Her sister is an addict. Her family life has been white trash with money. None of this is the recipe for being taught to use birth control religiously.
If she weren't the sister of a train-wreck of a major star (once renowned for her claimed virginity) or staring in her own television show, this would mean precisely nothing. It isn't as if teens don't get knocked up daily.
Don't think however it will force any Wing Nuts to deal honestly with pregnancy or birth control. As Sara has pointed out repeatedly at Orcinus -- read her Cracks in the Wall and Tunnels and Bridges series, and search for her articles on Mark Foley -- the fundies are quick to forgive their leaders human failings, knowing as they do that we are all born sinners.
Read the rest of the post on the flip side »
Fundamentalist Father Allegedly Kills Own Teenage Daughter for Being Too Independent
Posted by Jesse Wendel, Group News Blog on December 14, 2007 at 12:28 PM.
Aqsa Parvez, sixteen, of Mississauga, Canada, (just to the west of Toronto) died Tuesday after her father, Muhammad Parvez, a 57 year-old taxi driver, allegedly strangled her on Monday when she returned to her parent's home to pick up some of her belongings. He has been charged with murder. Her 26-year-old brother, Waqas Parvez, has been charged with obstructing police.
Ms. Parvez's friends described the Grade 11 student at Applewood Heights Secondary School as someone who was drawn to Western culture even as her family adhered to a devout form of Islam. Friends paint a picture of a hardworking and cheerful girl who loved dancing, fashion and photography - interests that often clashed with her strict home environment.
Last week, Ms. Parvez temporarily moved in with a friend from school.
"She said she wasn't getting along well with her family and that things weren't right," said Trudy Looby, the mother of one of Ms. Parvez's friends, Alisha. "When she was here, she was very happy."
During her stay, Ms. Looby said, Ms. Parvez didn't wear the hijab, a head scarf that friends said was a hot topic within her family.
Krista Garbutt remembers walking down the street with Ms. Parvez earlier this year, when the two of them spotted Ms. Parvez's brother walking toward them. Panicking, the teenager quickly fumbled for her head scarf, trying to put it on. "There were times when we'd be walking down the street and she'd see her brother and she wouldn't be wearing her hijab and she'd have to put it on," Ms. Garbutt said. "She said, 'He'll kill me, he'll kill me.' I said, 'He's not going to kill you,' but she said, 'Yeah, he will.' And nobody believed it."
There's more...
What a waste of a life.
First, obviously, when you leave, leave. You don't ever go back for your stuff. From airplane crashes to the Johnstown Flood, to refugees to fleeing abusers, when it's time to go, go.
Second and separate from the tragedy of this child and her family, is the issue of fundamentalism.
From 1988 - 1993 there was a study done called The Fundamentalism Project. I will be returning to it over and over again.
The Fundamentalism Project was a big deal, the largest study of its type ever attempted. Scholars of every type world-wide examined fundamentalism -- the religions, the people, their sacred and traditional books and fables and stories, their cultures and beliefs, rituals and practices for men, women, men and women, and for children, their historical backgrounds, and the contexts in which the fundamentalists currently lived and in which they had come from over many many years. This was done for every major group of fundamentalists which the scholars were able to distinguish, throughout the world.
After which, the scholars asked, what do all of these groups have in common?
Read the rest of the post on the flip side »
Army Still Discharging Traumatic Brain Injury Patients Without Benefits
Posted by Jesse Wendel, Group News Blog on December 7, 2007 at 4:00 PM.
This post, written by Jesse Wendel, orignally appeared on Group News Blog
Sgt. Darren Mischke got hurt bad in Iraq.
A two-tour vet, he was in a wreck tour one, and knocked out. In his second tour, his vehicle was mortared. He has Traumatic Brain Injury.
Like many chronic pain, PTSD, and depression patients, he became a different person, a different "I" from the person his family had always known.
Happens. But the Army, consistently has been taking the easy way out, and shoving soldiers out any way they can, rather than rate them properly.
Colorado Confidential
"I told him to get help," Teresa Mischke said. "He told me he'd get in trouble with his unit. He said one of his superiors had told him he'd make his life a living hell."
Shortly thereafter, Darren Mischke, pain-riddled and confused, turned abusive, then suicidal. His wife, trying to save him, called 911.
The El Paso County Sheriff's Department "arrested him for domestic violence and the District Attorney's office fast-tracked him to plead guilty," Teresa Mischke said.
The third-degree assault plea became the basis for an attempt by the Army to give Mischke a general discharge.
"He would have nothing, no insurance and limits on his VA coverage," his wife said.
Working with the advocacy group Veterans for America, Teresa Mischke pushed the military to send her husband to a medical review board.
The medical board talked about depression and post traumatic stress, but not brain injury. The diagnosis didn't help. Eventually, a military doctor decided Sgt. Mischke suffered from "post concussive syndrome," but offered no regimen of treatment, his wife said.
"He's actually worse now than when he came home from Iraq," she added.
In addition to the already noted 30,000 injured veterans from Iraq, a full 20,000 more at least likely have TBI. But not on the official casualty rolls of the Iraq war. (It's the fucking Agent Orange and Depleted Uranium fights all over again.)
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