Kansas City woman seeks payment for proving man's wrongful conviction

Two wrongfully convicted men were released from prison.  That's a good thing. But their actions after their release are questionable if what Anne Danaher is saying is true.  She claims she is the lady responsible for their release and they haven't shared any of the nearly $12 million they have collected in settlement for their claim against the city for the wrongful conviction. If the facts as stated are true these men owe her their lives and probably some of their money.   The story follows.

Kansas City Woman seeks payment for proving man's wrongful conviction

DES MOINES, Iowa — Anne Danaher is largely responsible for freeing two Omaha men wrongly convicted in a 1977 murder and now seeking $100 million from the police officers they claim framed them for the crime, but as she watches the civil trial in a federal courtroom she wonders why she’s never been compensated for her years of work on their behalf.

Danaher, now of Kansas City, hopes Terry Harrington and Curtis McGhee will ultimately remember she’s the one who pursued their freedom for nine years after they had exhausted appeals and attorneys had given up. If not, a lawsuit she’s filed could force at least one of the men to pay Danaher for her work.  “That’s what this is all about,” she said. “They do not want to pay me.”  The civil trial began Nov. 1 in Des Moines and could conclude next week.  Lawyers for the men declined to comment on Danaher’s role in the matter.

Danaher was 37 and a prison barber at the Iowa State Penitentiary in Fort Madison in 1993 when she met members of Harrington’s family at the prison. That meeting and discussions with Harrington during 15-minute haircuts convinced her he was innocent in the killing of a former Council Bluffs police officer.  “I sensed an injustice based on my background of coming from Kansas City and growing up in the inner city,” Danaher said. “I’ve always had a passion for the pursuit of justice and I just took on that role and wanted to correct an error that I believed had been committed.”

Harrington insisted that he wasn’t involved in the shotgun murder of former police Capt. John Schweer, who was killed one night in July 1977 while working as a security guard for car dealerships in Council Bluffs.  In 1994 Harrington asked Danaher for help. She had no law degree and no background in criminal investigation, but she was determined to understand how Harrington could have been convicted with no physical evidence and on the testimony of several scared teenagers.
She soon discovered that Harrington had exhausted his appeals and without new evidence, he’d have to serve his life prison sentence.

Danaher, now 55, said Harrington agreed if he was ever freed, she’d be paid for her help. Harrington even wrote and signed a promise to share with her 20 percent of anything he might receive for a wrongful conviction. She considers this a contract.  Danaher quit her prison job to devote her time to researching the case, working with Mary Kennedy, a lawyer from Waterloo who helped inmates with appeals.  Kennedy said Danaher’s commitment and belief in Harrington cannot be overstated.

“It was many, many years of just dead end after dead end after dead end,” Kennedy said. “She drove everywhere and did everything. She slept in her car. She drove five times a month for 10 years to the prison.”

Although two decades had passed since the original murder trial, Danaher found key witnesses who said they had been threatened and coerced to lie by police investigators and prosecutors.  But it was in 1999 that Danaher stumbled upon the evidence that would free the two men.  She obtained the complete Council Bluffs police files in the Schweer murder case and uncovered police reports that had not been provided to the attorneys defending Harrington and McGhee.  The reports describe a white man who had been seen by witnesses near the car lot with a shotgun and that Schweer had confronted the man days before he was shot. The reports indicated that police had considered the man a suspect but stopped pursuing him after they began focusing on Harrington and McGhee, two black teenagers from neighboring Omaha.

“When I looked at those reports my jaw just dropped,” Kennedy said. “It’s unprecedented. Usually by that time the evidence is gone.”

Kennedy sought a new trial for Harrington based on newly discovered evidence. It took three years and several appeals, but the Iowa Supreme Court in February 2003 found that the withheld reports would have allowed Harrington’s defense attorney to present an alternative suspect in the Schweer murder. The evidence could have placed doubt in the minds of jurors about the guilt of Harrington and McGhee.

The Supreme Court reversed Harrington’s conviction. It took a few more legal maneuvers but by October 2003 both men were released after spending 25 of their 43 years in prison.  In 2005 they sued the prosecutors, Pottawattamie County, the investigating police officers and the city of Council Bluffs.
A federal judge found that the prosecutors violated the men’s constitutional right to due process. Appeals in the case ended up before the U.S. Supreme Court. In 2009 the court heard arguments but before it could rule, the county settled the case in January 2010 by offering Harrington $7 million and McGhee nearly $5 million.

Danaher sought to be paid but has received no money from either man.  Last year she filed a lawsuit seeking payment. A judge dismissed McGhee’s portion of the case in March, concluding she couldn’t prove he promised to pay her.  McGhee’s attorney, Steve Davis of Chicago, declined to comment.
The case involving Harrington is pending in U.S. District Court in Des Moines and is scheduled for trial late next year. Harrington’s attorneys did not respond to calls and emails seeking comment.

Danaher said she and Harrington had grown close, but that ended once he was released. Within nine days of getting out of prison he was back in Omaha living a life that didn’t include her, she said.
Danaher has been in court daily during the trial, in which Harrington and McGhee allege two retired Council Bluffs police officers and the city should be held responsible for their wrongful imprisonment.
The city of Council Bluffs and the retired officers dispute allegations they framed McGhee and Harrington and contend they had enough evidence to take to prosecutors, noting the men were convicted in two separate jury trials.

Danaher watches lawyers representing McGhee and Harrington use the information she uncovered as they seek $100 million. Their attorneys will get tens of millions of dollars if the jury rules in their favor.
Kennedy said she finds it unbelievable that they won’t share any money with Danaher.
“They don’t even acknowledge that she did anything,” Kennedy said. “Even if they just reimbursed her for her expenses it would be a phenomenal amount.”

Serologist may be charged with faking results on Rape Kits!

When the police are trying to build a case against someone they need evidence to do so.  Sometimes a case warrants the use of DNA testing to tie a suspect to a particular crime.  This type of evidence is particularly useful in cases of rape.  So much so that laboratories have made a "kit" to use when a doctor examines a suspected victim of a rape.  These "kits" are then sent to a laboratory and tested for DNA evidence.  This is all a generally common practice and can be useful, so long as it is done with integrity...and that is where this jerk steps in.

What if the person who was paid to perform the DNA tests wasn't trustworthy? Turns out that a person in Texas has been doing just that.  Falsifying reports based on DNA evidence and that doesn't exist.  Who knows how many innocent people this person has helped the police put in jail? ...or how many guilty ones they have let go free?

The Tarrant County District Attorney's office needs to find a way to prosecute this individual.

Here is the article about what is happening to this fraud.

Attorney seeks release of documents on serologist who falsified reports

Read more here: http://www.star-telegram.com/2012/10/23/4358517/attorney-seeks-release-of-documents.html#storylink=cpy#storylink=cpy

By: Yamil Berard,
FORT WORTH -- A prominent Fort Worth criminal defense attorney is seeking additional information on a county serologist, who was disciplined by the state's top forensic board for professional misconduct but was not prosecuted.  The serologist, who resigned in March after a supervisor discovered that he had fabricated test results for two unopened rape kits, may have "committed a crime" in the lab of the medical examiner's office, attorney Mark Daniel said.  He "knowingly falsified forensic laboratory results," Daniel said, and could be subject to a third-degree felony, such as making a false entry in a government record.

Tarrant County District Attorney Joe Shannon's office said it hasn't pursued an indictment because no one has asked it to.  "No defense attorney nor anyone else has presented a proposed criminal case to this office," spokeswoman Melody McDonald said. "If that is done, we will be happy to take a look."  The Tarrant County medical examiner's office reported the incident to the Texas Forensic Science Commission after the false reports were discovered. The serologist was immediately suspended and soon resigned.  It was later discovered that results of several rape kits had been falsified without testing. Such misconduct is called "drylabbing."

Several weeks ago, Daniel submitted a request under the Texas Public Information Act to the medical examiner's office for the serologist's disciplinary records and any documents that may have been referred to the district attorney's office. The medical examiner's office has asked the Texas attorney general's office to rule on whether the items can be disclosed to the public.  At an Oct. 5 meeting of the Texas Forensic Science Commission, member Arthur Eisenberg, an internationally recognized DNA expert at the University of North Texas Health Science Center in Fort Worth, said it appeared the serologist had been "lazy."  Earlier, lab officials told the commission that the serologist had made the false tests because he was distracted by personal problems and that it was not the result of intentional misconduct.

Daniel took issue with that.  "I have never known a distraction in one's personal life to cause anyone to falsify a forensic laboratory result," he said.  Eisenberg said that Shannon's office "had elected not to file suit," and that what the medical examiner's lab management had been doing was satisfactory.

Read more here: http://www.star-telegram.com/2012/10/23/4358517/attorney-seeks-release-of-documents.html#storylink=cpy#storylink=cpy

Masked robbers steal $2 million in gold

In what sounds like an updated version of an old west heist a $2 million gold heist took place this last week.  It appears two people broke into a California museum stole over $2,000,000 worth of gold and precious gems.  You would think that this type of museum would have some serious security but you would be wrong, as it appears the robbery was done by only two people.

These two will surely need a criminal defense lawyer when it is all said and done, unless they can make it across the border to old Mexico.


Masked Robbers steal $2 million of gold, gems from California mining museum.
By NBC News staff and wire reports

LOS ANGELES -- Robbers wearing masks and goggles broke into a mining museum in California in broad daylight and stole gold and gems valued at up to $2 million, authorities said.
Although no-one has been identified in connection with the burglary, California investigators are searching for at least two suspects.

The masked men broke into the California State Mining and Mineral Museum in Mariposa, California, on Friday afternoon with pickaxes and forced employees into one end of the building, the Los Angeles Times reported, citing a state parks spokesman.

But the thieves didn't get away with the biggest prize of all -- the nearly 14-pound Fricot Nugget, a giant crystalline gold mass unearthed in the California Gold Rush era. The robbers triggered an alarm as they tried to break into the iron safe where it was held.  According to the museum's website, the Fricot Nugget was discovered in the American River in Northern California in 1864 and is the largest intact mass of crystalline gold remaining from the Gold Rush era.

The California State Mining and Mineral Museum is described on its website as offering visitors the chance to explore the variety of the state's mineral wealth and view "breathtaking gems and minerals from around the world."

The California department of parks and recreation issued a statement on Monday saying the museum would be closed "until further notice while repairs are completed."  The statement added that the museum is taking an inventory of the stolen items this week, which will allow it to confirm what was taken and exactly how much the items were worth.  The Los Angeles Times reported that the museum had moved its treasures to an undisclosed location in the meantime.

The burglary was the second theft of this year involving rare, valuable minerals in Northern California. Chunks of gold were stolen from the Siskiyou County courthouse in February.  No suspects have been identified and authorities are investigating whether there is a connection between the two incidents.

Archbishop faces DUI charge in San Diego

This just goes to show you that everyone makes mistakes and that knowing when you are "good to drive" or under the "legal limit" is not an easy thing to know.  People from all walks of life end up facing DUI charges everyday, it doesn't mean you are a bad person it just means that you made a mistake.  If you have already made a bad choice don't that bad choice by making another.  If you are charged with a DUI in Kansas hire an attorney that has experience handling DUI cases in Kansas. 

Here is the article.

San Francisco archbishop DUI charge: The Rev. Salvatore Cordileone arrested in San Diego

by: Angela Woodall of the Oakland Tribune

The Roman Catholic archbishop-elect of San Francisco, controversial for his vigorous support of California's same-sex marriage ban, was arrested on suspicion of driving under the influence and ordered to appear in court, San Diego authorities said Monday.

The Rev. Salvatore Cordileone was taken into custody after being stopped early Saturday at a checkpoint near the San Diego State campus, said Detective Gary Hassen, a police spokesman.  Cordileone was booked into San Diego County jail two hours after being stopped and was released Saturday on a $2,500 bond, sheriff's records show. He was ordered to appear in court Oct. 9.

Cordileone, 56, is the current bishop of the Oakland Diocese, which issued an apologetic statement Monday afternoon.  "While visiting in San Diego this past weekend, I had dinner at the home of some friends along with a priest friend visiting from outside the country and my mother, who lives near San Diego State University," the statement read. "While driving my mother home, I passed through a DUI checkpoint the police had set up near the SDSU campus before I reached her home, and was found to be over the California legal blood alcohol level.

"I apologize for my error in judgment and feel shame for the disgrace I have brought upon the Church and myself. I will repay my debt to society and I ask forgiveness from my family and my friends and co-workers at the Diocese of Oakland and the Archdiocese of San   The San Diego City Attorney's Office, which prosecutes misdemeanor DUI offenses, said it had not received a report on the arrest.  Cordileone is a San Diego native and was ordained at the Roman Catholic Diocese of San Diego. Police did not provide information about whether he had previously been arrested.Francisco. I pray that God, in His inscrutable wisdom, will bring some good out of this."


In late July, Pope Benedict XVI selected Cordileone to become archbishop of San Francisco, San Mateo and Marin counties.  Cordileone is not scheduled to be installed as archbishop of San Francisco until Oct. 4. Catholic bishops are answerable only to the pope and a criminal charge would not automatically prompt a delay in Cordileone's installation, according to canon law experts.  Cordileone's appointment to San Francisco archbishop provoked outcry from gay rights advocates because he is a noted proponent of Proposition 8, the 2008 law passed by California voters to outlaw same-sex marriage.

Cordileone was already known as a theologically conservative bishop faithful to the Catholic orthodoxy when he was installed as Oakland's bishop in May 2009, becoming the first Spanish-speaking bishop in the Oakland Diocese's history. He was a staunch advocate for immigrant rights and opposes the death penalty.
He was also part of the San Diego Diocese when it filed for bankruptcy protection in 2007 after being slammed with claims by 150 alleged victims of sexual abuse and multiple civil trials. Cordileone denied allegations by creditors at the time that the diocese tried to protect its finances by hiding and downplaying the value of assets before bankruptcy proceedings began.

And he has refused to provide a list of priests involved in sexual abuse requested by Survivors Network of those Abused by Priests, according to David Clohessy, director of the organization known as SNAP.  Cordileone also called on Catholics to vote for an initiative on the November ballot that requires parental consent for minors seeking an abortion.  Because it's a high-profile case, Cordileone's paperwork may take longer to process if authorities are going out of their way to avoid mistakes, Bay Area DUI defense attorney Bruce Kapsack said.  Breath tests return immediate results. Urine and blood samples can take much longer to process, Kapsack said.

Kapsack said his clients have included priests, rabbis, imams and Buddhist monks. "They don't get more of a break," Kapsack said. "Actually, the higher profile the individual the stricter the situation becomes."

Poker Runs, and Charity Raffles are illegal in Kansas

It's a game of chance.  That's that the law says, so it's illegal.  No more charity poker runs or raffles for a good cause.  Seems pretty silly to me.  Here is the article.

This should be the type of thing that is allowed...I wonder if one of the casinos could sponsor the thing.

Poker Runs, Charity Raffles Banned In Kansas 08/12/2012

Poker runs have become very popular fundraisers, but they are also technically illegal in the state of Kansas. They are considered gambling under state law. Organizers of many such events say this is news to them. According to Kansas gaming law, any activity that involves consideration, chance and prize is gambling. The Kansas Lottery and state-owned casinos are exempt, but charities are not. Kansas is one of just four states without a charity exemption in gambling statutes. "We're a nonprofit organization," said Shane Toney, President of Fire and Iron Station 54, which organizes an annual poker run. "We're trying to help as many people as we can. Toney and other organizers are now scrambling to change the event to it is legal. "We're doing a lot of charity work and we didn't mean to step on gaming laws, but it seems like we are now," he said.  "Maybe there's a loophole that needs to be sown up in the Kansas gaming laws to help out charities." According to those state gaming laws, poker runs -- fundraisers where motorcycle riders draw a card at five stops and the best poker hand wins -- are illegal. Raffle drawings can be illegal, too. Kansas gaming law has prompted the organizers of the Thunder on the Plains motorcycle rally in Dodge City to cancel this year's event, which was scheduled for next weekend. "We give away a bike every year and we sell chances for the bike giveaway," said Mel Watson, director of the rally. "This year, the gaming commission came down and said, 'It's illegal in Kansas, it is gambling, it is a game of chance.'" Watson said Thunder on the Plains has raised more than $60,000 for the families of southwest Kansas military members over the last six years. "It's for good causes and they're putting the stop to us," Watson said. "This law has been on the books for, I guess, a few years and they haven't enforced it."  Organizers of Thunder on the Plains learned about the law too late to make any changes for this year's event, but Watson promised the rally will be back in 2013. "We are planning on having a rally next year, in the later part of August and, one way or another, we're going to do it," he said. "We're bound and determined to do it." As for the Fire and Iron poker run, this year's event will happen as scheduled Sept. 8. "Our event is still planned and we're working to make it a game of skill and stay compliant within the Kansas gaming laws," Toney said. The state says the best way to keep a poker run within the law is to remove the element of chance by having participants throw a dart at cards on a board. Many charity organizers say they will be pushing for a change in Kansas law.

© KAKE News

Every cop in this Small town gets busted for forgery now they have no police force!

If you have been through Macks Creek, you know that it is a huge speed trap.  I grew up just a short ways away and every time you went through there on the way to the lake or to the outlet malls you would always see people pulled over.  I bet that there are hundreds of people that cheered when they heard these cops were facing charges over these missing funds.  But it is even more hilarious that they wiped out the whole department.  Here is the article in the Pitch.



Lawless in Lanagan, The Missouri town without a police force
By: Jonathan Bender


If you don't pay your traffic tickets, your car might get the boot. If a city apparently stiffs the state, it could lose its police force.

The two men who make up the police department in Lanagan, Missouri (three hours south of Kansas City), have been charged with forging traffic ticket documents. Police Chief Larry Marsh and officer Michael Gallhue were arrested last week by the Missouri Highway Patrol.  In November 2011, the office of state auditor Thomas Schweich issued the results of an audit, which discovered "missing funds" and what was termed routine violations of "Macks Creek Law." The town apparently failed to send excess funds (estimated at $36,000) collected on speeding tickets to the state for distribution to local schools. The report asserts that the police department then filed false Missouri Vehicle Stops Annual Reports with the attorney general's office to hide that money.

A grand jury in McDonald County indicted the two officers for felony forgery. Marsh has been charged with five counts of felony forgery and altering a racial profiling report, while Gallhue faces two charges of felony forgery. The Missouri Highway Patrol then arrested the two men, who have been suspended without pay. The McDonald County Sheriff's Office has taken over the law enforcement duties in Lanagan.

What is Bond? How can I bail someone out of jail?

I am playing around with the blog formats so I will be posting this question and answer in video format.  I will also give a brief text answer as well.  Keep writing in questions and I will keep up with the answers as best I can.  If you have a crime specific question please visit www.kansas-criminal-defense.com , for more answers.

Q:  My neighbor was arrested for stealing and now he is out of jail waiting on his trial.  He said he is out on bail or bond.  What does that mean and how does it work?

A: When someone is arrested for a crime there will be a duration of time between their arrest and the time that they go to trail.  It is not always necessary for an accused person to stay in jail waiting on trial, especially since that can sometimes take months.  The judge will release accused persons if he/she is confident that they will return to face the charges.  Often a judge will require that a person put up money or something of value to assure that they will return.  This is called a bond.  The judge will determine an amount that adequately assures that the person will return to court on their next court date then the person will put up that amount and be released from custody.  If they fail to return to court then the bond/collateral can be forfeited.

Many times a person can not afford the amount the judge is requiring them to put up as collateral so they can not be released.  This is where a bail bondsman comes in.  A Bondsman will contract with the accused person's family and will charge a fee based on the risk involved.  Once a fee is negotiated and paid then the bondsman will go into the court and put up the accused persons bond, thus allowing them to get out of jail.  If they do not return then the bondsman will be out his bond.

 

Boilermaker's Pension plan under fire by the Feds.

Recent read in the Kansas City Star claims that the Feds are investigating the union's pension fund and with a possible criminal indictment to come down about possible mismanagement of the funds in trust.  Looks like this investigation goes back several years alleging that the funds were jeopardized by unfair dealing with family friends and "executive schemes."  (Whatever that means.)  Apparently the funds have lost over a billion dollars of value in the economic turmoil of recent years.

Here is the article in the KC Star.  Pretty interesting stuff.

Union's Pension Plan Targeted for Criminal Probe.

By: Judy Thomas

KANSAS CITY, Mo. -- Federal authorities have launched a criminal investigation into the International Brotherhood of Boilermakers' pension and benefit plans, McClatchy Newspapers has learned.  The investigation began after federal agencies received anonymous complaints about mismanagement of the plans, according to court filings. The complaints included allegations that family members of some trustees received bonuses from companies that managed investments for the three funds, which total $8.5 billion. A grand jury investigation followed.  The agencies include two Department of Labor offices, one of which conducts criminal labor racketeering investigations into employee benefit plans.  "I can understand why the Department of Labor might think there's a cause for concern," said Gus Fields, a former attorney with the Internal Revenue Service and a leading pension fund expert. "There could be an issue here."

The court filings do not provide much detail on the issues and people the grand jury is investigating.  But a recently settled lawsuit by a former official with the Boilermakers funds made detailed claims about unorthodox investment schemes and questionable ties between the funds and a trustee's daughter.  Indeed, The Kansas City Star, a McClatchy newspaper, has found that the daughter of a former trustee and union executive works for a company that has been paid millions to manage investments for the three Boilermakers funds.  An attorney whose firm represents the employee benefit plans said they are under strict supervision by the Department of Labor.  Trustees "administer the fund in accordance with the trust documents and federal laws," said Michael Stapp, of the law firm Blake and Uhlig. Stapp said he was not aware of any grand jury investigation.  A spokesman for the U.S. attorney for Kansas said he could not confirm the possible existence of a federal investigation into the union's funds. But a March 27 legal motion obtained by The Star asks a judge to enforce grand jury subpoenas issued in the case.

The motion says the Kansas City Regional Office of the Employee Benefits Security Administration launched the investigation of the union's employee benefit plans after receiving several anonymous complaints.  The complaints alleged "waste and mismanagement" of the funds by trustees, said the 23-page motion, which also included exhibits and copies of subpoenas.  The document said it also was alleged that some of the investment managers for the Boilermakers employee benefit plans "were hired because of familial relationships of the trustees and the investments managers, as well as gifts provided to the trustees from the investment companies."  According to the filing, the Employee Benefits Security Administration opened a joint investigation with the U.S. Department of Labor's inspector general, who has authority to conduct criminal investigations into employee benefit plans.  Spokesmen for the two federal offices said they could neither confirm nor deny any investigation.  The three employee benefit plans are known together as the Boilermakers National Funds. The plans: The Boilermakers National Health and Welfare Fund; the Boilermaker-Blacksmith National Pension Trust; and the Boilermakers National Annuity Trust.

The funds are administered by trustees, some appointed by the Boilermakers and some by employers who do business with the union.  The investigation apparently goes back several years.  One subpoena was issued in 2010 to the records custodian of the Boilermakers funds seeking notes and minutes of meetings, the court filing said. Two other subpoenas were issued to funds officials even earlier - one in 2008 and another in 2009.  One of those officials subpoenaed later filed a lawsuit claiming that the funds were jeopardized by executive schemes and cozy family relationships.  Curtis G. Barnhill, former executive administrator of the Boilermakers National Funds, filed the lawsuit in 2010 in U.S. District Court, alleging that he was fired because he was cooperating with the federal investigation.  Barnhill, who was executive administrator from July 1, 2005, through Nov. 15, 2008, alleged in the lawsuit that his termination violated his rights under the whistleblower law. He sued the funds, their new executive administrator and 11 current or former trustees.

According to the lawsuit, the pension fund lost more than $1 billion in investments because of worsening financial markets in the summer and fall of 2008. Boilermakers International President Newton B. Jones told Barnhill and others that Jones' re-election could be at risk because possible cuts in pension benefits may be needed, the lawsuit alleged.  Jones is not a trustee of the funds, but the union's trustees serve at his pleasure.
The lawsuit said Jones began taking actions "that were outside of the normal and established investment procedures and policies of the Pension Fund."  In October 2008, the lawsuit alleged, Barnhill told pension fund trustees that Jones' plan "appeared to be financially and legally unsound," violated policies and involved a broker "of questionable background."  In another allegation, the lawsuit claims that George Rogers, then a union vice president, appeared to steer between $500 million and $1 billion worth of contracts to his daughter's company. At the time, Rogers was a trustee on all three employee benefit plans.  At least one trustee resigned in protest over what the trustee said was Rogers' improper influence in giving contracts to his daughter's company, the suit said.

According to the lawsuit, Barnhill expressed his concerns about nepotism and Jones' investment practices to other trustees.  In November 2008, the lawsuit alleged, Barnhill received a subpoena ordering him to appear before a federal grand jury in Kansas City, Kan.  Barnhill told trustees that he planned to fully cooperate with authorities. But two days before he was to appear, the lawsuit said, Barnhill was fired. He was told he was being terminated because of an alleged "romantic overture" to a female independent contractor working in the office and an overly friendly comment to another, the lawsuit said.  The lawsuit said he was fired in order "to damage Barnhill's credibility, to deter him from testifying fully and freely before the grand jury, to separate him from his records which had been subpoenaed, and to punish him for his stated intent to cooperate with a federal grand jury investigation."  The lawsuit said Barnhill cooperated with the federal investigation throughout much of 2009.  The defendants denied Barnhill's allegations in court filings.
They acknowledged that some trustees were aware that Barnhill had been subpoenaed as part of a federal investigation, but denied that they did anything to try to prevent his testimony.  They also denied any unorthodox investment schemes, that Rogers steered contracts to his daughter's company or that a trustee resigned in protest.

The actions by the funds officers were "at all times justified," according to their motion asking a judge to dismiss the lawsuit.  Court records show that the lawsuit was settled and dismissed on March 15. Barnhill declined to comment on his lawsuit.  Stapp, the union's general counsel, said, "The Boilermaker organization views Mr. Barnhill's assertions as the product of a self-serving imagination." In an interview, Rogers said he did nothing wrong.  "Yes, my daughter works for an asset management company that invests funds for the BNF," Rogers said. "Every time their name came up- not by my doings, but by our consultant - I disclosed to the board, to whatever committee was involved, that my daughter worked for that company and I recused myself from all the voting and discussion. I was gone, out of the room.  "It's all in the minutes."

Rogers said he was a trustee of the funds from 1991 to 1999 and again from 2003 until the end of 2008.
But Fields, the pension attorney, said that Rogers' recusing himself may not matter in the big picture.  "This pension system apparently knew about this relationship and they did engage her," he said.  Although the lawsuit did not name Rogers' daughter or her company, The Star found that the Boilermaker funds hired HGK Asset Management Inc., where Rogers' daughter works.  The daughter, B.K. Power, is vice president of sales and marketing at HGK, according to the company's website.  Annual reports filed with the U.S. Department of Labor and the IRS show that HGK was paid $8 million by the Boilermakers National Funds from 2004 through 2010 to manage investments.  Power formerly was married to another Boilermakers vice president.  She has worked at HGK since August 2001 and is "responsible for developing and managing client relationships," the company's website says.  Previously, Power was an internal auditor for the Boilermakers, her website bio says.  Neither Power nor HGK responded to requests for comment.

Stapp said the funds are governed in strict accordance with conflict of interest policies "and are constantly vetted to scrupulously avoid any conflicts of interest."  But Nathan Mehrens, a former Labor Department attorney who now is general counsel for Americans for Limited Government, said the hiring of a firm where Rogers' daughter was a key employee raises an important question:  "Did this plan engage in this service because it was best for their members, or did personal considerations play into that decision-making process?"
(Thomas reports for The Kansas City Star.)

Read more here: http://www.kansascity.com/2012/05/13/3608176/unions-pension-plan-targeted-for.html#storylink=cpy

A few words on the websites promising a system for beating speeding tickets and the do it yourself books

Came across this article where a EU watchdog has classified a beat your speeding ticket website as a scam.  I have had people come to my office on multiple occasions who have purchased these books or joined up on these websites that either provide a system to beat speeding tickets or claim to tell a member of their site how to beat a speeding ticket.

Let me just say right now that there are many concerns I have with these sites and these type of books.  These websites are almost 100% inaccurate and will not help you in 95% of cases.  Let me repeat that! These websites are almost 100% inaccurate and will not help you in 95% of cases.


They will tell you different "tricks" or different "truths" that simply are not true.  For example:

1. Go to court and schedule your case for trial and the officer won't show up then you can get your speeding ticket dismissed.

This is NOT accurate.  Over 98% of the time the officer will show up for court.  The reason they will do this is because it is their job to show up for court.  If they don't show up then then they won't be a cop for long.  Also, they get paid to show up to court.  Ask yourself this question...If you were a cop would you rather be in a hot black and white giving out tickets or would you rather be in an air conditioned courtroom?


2. Know this magic procedure and use the procedure to your advantage.


Although it does help to know the procedure in a courtroom its not a get out of jail free card.  The simple fact of the matter is that books and websites that claim to know often do not.  Its nearly impossible to find an informative procedure resource for a municipal court.  90% of Traffic Tickets are issued in municipal courts.  So that big fancy book you read or might read on how to beat your ticket and the process you need to use is pretty much useless as it won't give you any specific information on your particular municipal court.


3.  The beat your speeding ticket books and websites are often based on the laws and procedures in a state different than the one you got your speeding ticket in.   Ergo, the law is not the same.  The procedure is not the same.  The advice is not accurate because its based on another states law.

4.  Virtually all of these books and websites will require you to take your traffic ticket to trial.  If you set your traffic ticket for trial you are eliminating many of your options.  You won't be allowed to get an amendment.   You won't be allowed to get a diversion.  You either win or you loose.  The ticket either goes on your record or you win and it does not.  So its risky.  That and considering at least 85% of traffic ticket trials end up in a finding of guilt...The odds are not in your favor.

Now that being said your probably thinking....Of course this Speeding Ticket Lawyer is not going to want me to use the book...He wants me to hire him!

Well let me tell you, if you talk to any attorney that makes their living doing nothing but traffic tickets.  Be amazed... Because there is not a lot of money to be made helping people with traffic tickets.  By the time you talk to the client and explain the process, then call the court and get the ticket set on your docket, then go to court and talk with the prosecutor, then pay the costs, then communicate with the client to show them everything is taken care of, there is a bit of time investment on the attorney.

I help people with traffic tickets and do a good job for them so that they know me.  They consider me to be their attorney.  If something happens down the line then they remember how easy I was to work with and how I communicated with them well.  So they call me again.

Here is the article that inspired this Blog Post.

Speeding ticket avoidance advert banned

By: Josie Clark

An ad for a website promising the "top 10 tricks" for getting out of speeding tickets has been banned by a watchdog.  The website for a membership scheme offering advice and legal representation to drivers who have received a ticket said: "Get your free copy of our top 10 tricks to avoid speeding tickets" and added: "Our top 10 tricks and loopholes to get out of any UK speeding ticket will be automatically delivered to your inbox within minutes. Tell your friends about us - but not the Traffic Police!"

A reader complained that the ad was irresponsible because it suggested that drivers could avoid being prosecuted for driving offences.  Defending the ad, Drive Protect Ltd said the email course being advertised taught people "a legitimate means of being able to disprove or create legitimate doubt on whether or not the offence happened".  It said drivers avoided being prosecuted when a court decided that there was not enough evidence, or where evidence pointed to the fact that the offence did not occur, and believed that the ad was therefore not irresponsible.

Upholding the complaint, the Advertising Standards Authority (ASA) noted that those accused of speeding offenses were entitled to be made aware of legal advice and that it was not irresponsible or illegal for some or all of that defense to be based on legal loopholes.However, it added that consumers would understand the ad's wording to mean that they could escape the consequences of speeding offenses regardless of whether or not the alleged offense took place.

The ASA said: "We considered that although the ad was unlikely to encourage reckless behavour, it could encourage some individuals to take risks they would otherwise not take because they believed that they could exceed some speed restrictions with impunity and could be seen to minimise the dangers of speeding."

It ruled that the ad should not appear again in its current form.

PA