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HIV-Positive Airman in Kansas Sentenced to 8 Years

 

 

Tech Sergeant David Gutierrez, an HIV-positive airman at McConnell Air Force Base in Kansas, was found guilty and sentenced to eight years in military prison, The Associated Press (AP) reports. Gutierrez was accused of having unprotected sex with multiple partners without telling them he was HIV positive. A court martial convicted him on seven counts of aggravated assault and violating his commander’s order to notify sexual partners about his HIV status and to use condoms. Gutierrez was also convicted of indecent acts for having sex in front of others and eight counts of adultery. He originally faced 53 years in prison.

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Craigslist was a hit list

 

All four of the corpses found near a Long Island beach in December were young prostitutes who advertised their services on the Internet and were likely slain by a serial killer, authorities said yesterday.

After identifying one of the bodies as a Maine hooker last week, officials revealed that the three other skeletons found wrapped in burlap bags at Gilgo Beach were all Craigslist escorts who were killed shortly after meeting their slayer for sexual trysts.

Using DNA evidence, the victims were identified as Maureen Brainard-Barnes, 25, of Norwich, Conn.; Amber Lynn Costello, 27, of North Babylon; and Melissa Barthelemy, 24, of Buffalo.

Megan Waterman, 22, of Maine, was identified last week.

The killer's last known victim, Costello, went missing from North Babylon only five months ago on Sept. 2. Waterman was last seen at a Hauppauge Holiday Inn on June 6 of last year, Barthelemy went missing from The Bronx on July 12, 2009, and Brainard-Barnes vanished from Manhattan in July 2007.

"I think it fits within the known definition of what a serial killer would be," said Suffolk County District Attorney Thomas Spota, adding that more than one culprit could be involved.

Barthelemy, who moved from Buffalo to New York to become a stripper and prostitute, was reported missing on July 18, 2009. The NYPD confirmed that her mother and sister received calls from her daughter's cellphone just days after she went missing.

"Do you know what your sister does for a living?" the male caller asked, according to Barthelemy's mother. "Your sister's a whore, don't be like your sister."

Barthelemy's mother said her daughter first traveled to New York with her rapper boyfriend and decided to stay. She promised she would use the money earned from her stripping and prostitution to one day return to Buffalo.

Waterman traveled to Hauppauge last June with her boyfriend and pimp, Akeem Cruz, 20, of Brooklyn, and vanished after leaving the hotel. Cruz is currently in prison in Maine on a drug rap.

Norwich cops said that Brainard-Barnes left her Connecticut home for New York City on July 12, 2007, and has not been heard from since.

Originally published by SELIM ALGAR and JOHN DOYLE.

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"Sexting" May Lead to Criminal Consequences

December 05, 2010 /24-7PressRelease/ -- The latest gossip, according to RadarOnline, is that the Tony Parker and Eva Longoria-Parker divorce stemmed from a lengthy "sexting" relationship Tony had with a former teammate's wife, Erin Barry. It is likely that Parker will join the ranks of other celebrities, such as Tiger Woods and Brett Favre, who have been enveloped in drama-filled sexting scandals.

Sexting, by all practical evaluations, has gained mainstream attention with these high-profile incidents. "Sexting" is the texting of sexually explicit or scandalous messages and pictures. For many seeking to cheat on a spouse or significant other, sexting provides a discreet way to communicate with another person.

While the internal conflict caused by sexting in these relationships is great, as evidenced by the Parker-Longoria and Woods-Nordegren divorces, another large concern regarding sexting should be the legal consequences for sexting. Unknowingly opening a sexually explicit photo from an underage woman or man can lead to child pornography charges. Sexting a non-consenting person may lead to harassment allegations. These are just two examples of how sexting can create criminal charges.

The legal implications of explicit sexting may also entrap teens. According to a 2009 survey by the National Campaign to Support Teen and Unplanned Pregnancy, 20 percent of teens admit to sexting.

Prosecutors Use Texts in Criminal Prosecution

When a person is suspected of criminal activity, North Carolina police may seek a search warrant. Cell phones and cell phone records can often provide police with a wealth of information about a suspect, including evidence to be used in a criminal prosecution.

While those who send or receive "sext" messages often believe that their communications are private, if the police have suspicion that illegal acts are occurring, a search warrant may permit the police to search the phone and phone records.

Throughout the country, suspects often learn the hard way that text messages can be used in criminal prosecutions for sex crimes. According to the North Carolina News & Observer, the following examples are just a handful of the hundreds of cases throughout the U.S. that involve sexting:
- An 18-year-old man was convicted of distributing obscene materials in Iowa when he sent a 14-year-old girl a picture of his genitals.
- An 18-year-old man was charged with distributing child pornography after he sent a nude photo of his 16-year old girlfriend to dozens of people.
- A 14-year old girl was charged with possession and distribution of child pornography in New Jersey after posting sexually explicit photos on MySpace.
Anyone who sends or receives sexually explicit photos or messages from an underage teen, has reason to be concerned. A child pornography charge can lead to a lifetime on the sex offender registry, in addition to jail time, fines and serious reputation damage.

Sexting is a dangerous gamble. With the advancements of modern technology, it is not known how far beyond the intended recipient a text message will go. Tony Parker, Tiger Woods and Brett Favre are only celebrity examples of the reputation damage sexting can cause. In all circumstances, it is urged that sexting be avoided because of the large criminal consequences that may be triggered after one single explicit text message.

Contact a Criminal Defense Attorney

If you have been arrested for a sex crime as a result of explicit text messages or social networking posts, contact a skilled Raleigh criminal defense attorney . A criminal defense lawyer will fight on your behalf and aggressively protect your rights.

Article provided by Roberts Law Group, PLLC
Visit us at www.robertslawteam.com

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SEX IN PUBLIC PLACES

How far does public sex go who gets away with it and who doesn’t?

Stories by people who have watched and lived and now write about their own experiences.

Theaters that allow people to have sex with one another...pay ten dollars and have sex right there in front of everyone. I wonder if I can go to a bar and have sex right there in the open? What’s the difference we all would be over 21?  

Will I get arrested? HOW DO THESE PLACES GET AWAY WITH SUCH ACTS AND NO ONE CARES but other people get arrested for the same sexual acts in similar places. Why do laws apply only to some? Why do law officials ignore blatant offenders and establishments that let these acts go on and make money from it?

Who is affected by this just the offenders or is it their family spouses kids. Is this one of the ways AIDS gets passed on and people just continue to lie about their activities?  

 JUST THINK OUR CHILDREN'S COULD BE AT RISK

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New Jersey Man Sentenced for Cyberstalking

Department of Justice Press Release
white spacer
For Immediate Release
January 18, 2011
United States Attorney's Office Eastern District of Pennsylvania
Contact: (215) 861-8200

New Jersey Man Sentenced for Cyberstalking

PHILADELPHIA—Matthew Bean, 20, of Bergenfield, New Jersey, was sentenced today to 45 days in prison and five years probation for a case of cyberbullying that included sending sexually explicit photos of another person to that person's school on January 26, 2009 and posting them on his own online page. The defendant took part in a web chat about the victim and the photos that included references, by others, to shaming the victim into possibly committing suicide. Bean pleaded guilty to stalking on September 15, 2010.

In addition to the prison time, U.S. District Court Judge Anita Brody ordered Bean to post a message on the pertinent chat board to let people know that cyberbullying is a crime and that law enforcement will pursue those who commit it, serve five years of supervised release, and pay a fine of $2,000.

"Technology has created new avenues for crime including many that target or involve children," said Memeger. "Today's sentence sends a message that we take crimes like cyberbullying and cyberstalking very seriously. People who attempt to harm others using the internet cannot hide in cyber space. Law enforcement will find them and seek to hold them accountable."

"We cannot, in 2011, underestimate the impact of bullying when it is enhanced by cyber means. Gone are the days of the proverbial "playground bully," as that playground has now expanded exponentially via the Internet," said Special Agent-in-Charge George C. Venizelos of the Philadelphia Division of the FBI. "The relative perceived anonymity of the Internet appears to empower individuals to say and do things they would not do in person."

This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Michael L. Levy.

According to a report by the Office of Justice Program's Bureau of Justice Statistics, during a 12-month period, an estimated 3.4 million persons age 18 or older were victims of stalking. The study measured behaviors such as unwanted phone calls, sending unsolicited or unwanted letters or e-mails, following or spying on the victim, showing up at places without a legitimate reason, waiting at places for the victim, leaving unwanted items, presents or flowers and posting information or spreading rumors about the victim on the Internet, in a public place, or by word of mouth. Additional findings included that approximately one in four stalking victims reported some form of cyberstalking such as e-mail (83 percent); 30 percent of victims are stalked by a current or former intimate partner; females are nearly three times more likely to be victims of this crime; and nearly three in four stalking victims knew the offender in some capacity.

President Obama designated January as National Stalking Awareness Month. The Department of Justice commemorated this designation today as a means to help raise awareness about the signs and consequences of this crime. Resources and information related to stalking awareness month are located at www.ovw.usdoj.gov and the Stalking Resource Center's National Stalking Awareness Month website at www.stalkingawarenessmonth.org.

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Army reserve component suicides rising

Army reserve component suicides rising

By Alexandra Hemmerly-Brown Army News Service

Click photo for screen-resolution image
Gen. Peter W. Chiarelli, vice chief of staff of the Army, speaks to Army leaders about suicide prevention during an Army leader's forum at the Pentagon, Sept. 8, 2010. (Photo credit Alexandra Hemmerly-Brown, Army News Service)
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WASHINGTON (9/9/10) -- While active-duty Army suicides are trending downward, reserve-component suicides appear to be on the rise -- a fact that worries leaders as the Army observes Suicide Prevention Month.

"We're seeing a really disturbing increase in reserve-component suicides," said Gen. Peter W. Chiarelli, vice chief of staff of the Army at a Pentagon Army leader's forum. "I don't totally understand it, but we're working hard to try and get at it."

According to a recently-released study, more Soldiers died in fiscal year 2009 as a result of high-risk behavior than in combat. The Health Promotion, Risk Reduction, and Suicide Prevention report was a 15-month study by the Army's Suicide Prevention Task Force on understanding the increasing rate of suicides among troops.

The report found a rise in high-risk behavior throughout the Army, an increase in prescription antidepressants, amphetamines and narcotics, and a boom in Soldiers seeking behavioral-health care.

The total number of suspected suicides across the Army in fiscal year 2009 was 239 with 1,713 known attempts. At press time, the current number of potential suicides in 2010 stands at 169 -- nine less active-duty deaths than during the same period last year.

Also, for the second year, the Army suicide rate has surpassed the national average with about 22 per 100,000 versus 19 per 100,000 across America.

"Suicide prevention is much more than thwarting that last final act of desperation," wrote Col. Chris Philbrick, the director of the Army Suicide Prevention Task Force in a press release. "It is increasing awareness and education in order to preclude members of the Army Family from ever getting to the point where suicide might be considered an alternative to asking for help."

The Army is engaged in a suicide-prevention campaign called "Shoulder to Shoulder: I will never quit on life." Part of the campaign is a new 15-minute training video which features candid interviews of Soldiers and Family members who have battled with suicide.

The Army has also partnered with the National Institute of Mental Health in a five-year, $50-million research program to better understand why Soldiers are ending their lives.

Brig. Gen. Colleen McGuire, the provost marshal general of the Army -- who was responsible last year for heading up the Army Suicide Prevention Task Force -- noted that suicide is not just an Army problem: about 32,000 people in the U.S. commit suicide each year, the third leading cause of death.

While Army leaders and mental-health professionals haven't been able to pinpoint exactly why suicide rates have spiked dramatically since 2001, McGuire said much of the cause may lie in nearly 10 years of war and transitional stress.

Transitions, such as re-locating to a new unit and base, deploying, coming home from deployments and the breakdown of relationships are all life changes that are hard on Soldiers, she said.

"Transitions are huge on individuals," echoed Chiarelli, who added that a Soldier in his or her first year in the Army is more likely to commit suicide than at any time.

In fact, 79 percent of Soldiers who commit suicide have either never deployed or been on only one deployment, Chiarelli said.

However, McGuire sees the decrease in active-duty suicides as a success, and links the push in suicide-prevention training and awareness to the downshift in numbers.

"I think all of it is helping ... the professional products, the emphasis on leadership, the resources that are available, the entire campaign has had an effect," she said.

McGuire said she would like all leaders to put an emphasis on Soldier accountability and focus on the basics of leadership.

"Soldiers need to understand that they are responsible for themselves and they need to abide by Army values and integrate them fully in everything they do," McGuire said.

She urged troops to take extra time to know their fellow Soldiers personally and be vigilant for the signs and symptoms of depression and suicide.

"If we truly are living by the warrior ethos, we really will look after each other," McGuire said. "We can't look after each other if we aren't also looking after ourselves. If we find that we need help, we need to seek it."

(Editor's note: If you or someone you know is considering suicide, call the Suicide Prevention Lifeline at 1-800-273-TALK (8255) or visit www.armyg1.army.mil/hr/suicide).

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LSD AND TODAY

Twenty years ago there was a resurgence in the abuse of LSD, a hallucinogen that first became popular in the late 1960’s. This odorless and colorless drug, also known as acid, has a high potential for abuse. While its primary effect is to give users a dramatic change in their visual perception, it also can result in extreme changes in mood, a distorted view of objects, sounds, touch and their own body image. Their ability to make sound judgments is also impaired, and the likelihood of experiencing extreme anxiety and depression is greatly increased. Hallucinogens, from LSD to PCP to Ecstasy, continue to be dangerous and illegal drugs of concern today.

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Detroit Area Strip Club Owner Pleads Guilty to Using Computer Software Program to Delete Club’s Sales in Order to Cheat on Taxes

FOR IMMEDIATE RELEASE
Wednesday, January 12, 2011
Detroit Area Strip Club Owner Pleads Guilty to Using Computer Software Program to Delete Club’s Sales in Order to Cheat on Taxes

Nicholas J. Faranso of Farmington Hills, Mich., pleaded guilty today before U.S. District Court Judge John Corbett O’Meara in the Eastern District of Michigan to one count of conspiracy to defraud the United States, the Justice Department and Internal Revenue Service (IRS) announced.   For his role in the conspiracy, Faranso faces a maximum sentence of five years in prison. The court set sentencing for July 14, 2011.

 

­According to court documents, Faranso owned   two strip clubs:   BT’s in Dearborn, Mich., and Tycoon’s in Detroit.   From 2001 through 2004, both establishments used a computerized point of sales system which produced guest checks and electronically tracked and recorded sales.   Court documents reveal that, in 2001,Faranso purchased a computer software program called Journal Sales Remover from Theodore Kramer, a self-employed computer software salesman.   This computer software program was specifically designed to remove a portion of the actual sales from the computerized point of sales systems.   The program would make it appear that Faranso’s clubs received less income than they actually did.    

 

Faranso directed Kramer to put the Journal Sales Remover program onto his businesses’ computer systems in order to help the club owner cheat on the businesses’ taxes.   From about 2001 to about 2004, at Faranso’s request, Kramer made periodic visits to Faranso’s clubs to run the Journal Sales Remover program to remove a substantial amount of the actual sales from the computerized sales systems.   Faranso then provided the reduced sales figures to his accountant.   As a result, Faranso falsified the clubs’ tax returns by understating their gross receipts by more than $500,000. Kramer previously pleaded guilty to one count of conspiracy on Nov. 17, 2010.

 

Barbara L. McQuade, U.S. Attorney for the Eastern District of Michigan, and John A. DiCicco, Acting Assistant Attorney General for the Department of Justice, Tax Division, commended the IRS special agents who investigated this matter and Tax Division Trial Attorneys Kenneth C. Vert and Tiwana L. Wright, who prosecuted the case.

11-040
Tax Division

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Birds Fall From Sky in Falkoping Sweden

A large number of birds were found dead in Falkoping, Sweden, Tuesday night and Wednesday morning.

Autopsies on five birds were completed by the Swedish National Veterinary Institute. Their findings were no illness, no external signs of damage or blows of any kind and no infection. However, the birds showed signs of internal bleeding, which ultimately killed them.

In similar cases, Arkansas had thousands of red-winged blackbirds and starlings fall from the sky on New Year’s Eve in the small town of Beebe.

Monday morning, at least 500 birds fell dead in Labarre, Louisiana, showing the same symptoms. The birds dying there were also starlings, red-winged blackbirds and sparrows.

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2 million fish found dead in Maryland

 

Baltimore :: MD :: USA | about 1 hour ago

Credibility Credibility of 5

Authorities in Maryland are investigating the deaths of about 2 million fish in Chesapeake Bay. "Natural causes appear to be the reason," the Maryland Department of the Environment said in a news release. "Cold water stress exacerbated by a large population

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"Private" Posts To Social Media Discoverable in Lawsuits?

January 04, 2011 /24-7PressRelease/ -- Every day millions of people log on to Facebook and MySpace to post pictures of adventures and everyday events, update friends on life's happenings, and express thoughts and feelings. While using these new online social media, most assume that since they selected "private" status for their accounts, and because they only share information and pictures with their friends and family, that those who are not meant to see this information won't. But this thinking may be flawed.

Consider the logistics of keeping private the sheer volume of information flowing from social-media sites. In its December 2010 selection of Facebook founder Mark Zuckerberg Person of the Year, Time Magazine cites daunting statistics:
- Facebook membership reached 550 billion this year (one of 12 people globally)
- Daily 700,000 new members join Facebook
- In November one-quarter of all U.S. page views were to Facebook
- Almost half of all Americans have Facebook accounts
- Facebook posts 100 million new pictures every day

Time's observation about online privacy is relevant to the topic of this article: "the Internet was built to move information around, not keep it in one place, and it tends to do what it was built to do." How realistic is it to think anything you post online even to a limited audience won't end up as evidence in a later lawsuit?

According to legal opinion pieces on FindLaw.com, if you are involved in a personal injury lawsuit, your comment and picture posts to social-media websites such as Facebook and MySpace may be discoverable as potential evidence by the other side, although jurisdictions are split on the issue. This may not be something you relish, whether you are bringing the suit or defending it.

New York Example

In Romano v. Steelcase Inc., a New York state personal injury plaintiff was compelled to produce "private" postings on Facebook and MySpace for discovery after the Supreme Court (trial court) in Suffolk County decided in September 2010 that the postings were "material and necessary" to the legal and factual issues surrounding the extent of her injury and how much it affected her enjoyment of life.

The defendant asked the court for access to Romano's postings because it believed the posted comments and photos could refute her injury claim and allegation that she had lost the enjoyment of life. The court agreed, noting that "the primary purpose" of social-media websites "is to enable people to share information about how they lead their social lives," and ruling that users have "no reasonable expectation of privacy" on social-media websites even when they choose more restricted privacy settings.

The court focused on the essence of a personal injury lawsuit. By filing, Kathleen Romano herself put her "physical condition in controversy." Interestingly, the opinion analyzed similar Canadian cases in light of New York's "liberal disclosure policy." The court also commented on both sites' warnings that whatever users post is at their own risk despite privacy settings.
California Federal Court Weighs In

The U.S. District Court in the Central District of California had a different view, holding in the May 2010 copyright case Crispin v. Christian Audigier, Inc., that the defendant case could not subpoena plaintiff's private postings on social-media websites. The court equated the privacy of a "friends only" access setting to that expected in an e-mail message, banking record or employment file. Had Buckley Crispin allowed his profile and posts to be viewed by "everyone," the court would have deemed the content truly public.

Reasonable Expectations

Remember, both Facebook and MySpace caution their users that the sites cannot guarantee the privacy of posted content. Indeed, common sense dictates that parents of American teenagers should already routinely warn their kids to remember that once something hits the Internet, the cat is out of the bag and that information may return to haunt. And that warning is just as important for adults, especially those involved in lawsuits that raise legal questions about physical, mental and emotional well being like personal injury suits and child custody matters.

While jurisdictions are currently split on what information posted to social-media websites is discoverable in a lawsuit, it is wise to remember Facebook's warning, "[y]ou post User Content ... on the Site at your own risk."

Article provided by Injury Law Center - Law Offices of Jack Bloxham

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