Tag Archive for 'justice system'

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Miscarriage of justice

The case of Julie Amero, a substitute teacher in Norwich, CT, has been getting more press, even from the mainstream media, lately.

Julie Amero was using the computer in the classroom when it suddenly started displaying porn pop-ups. She was unable to make them dissappear since every time she closed one, new ones would open up. She didn’t think of shutting down the computer or the monitor because the regular teacher had told her not to shut down the computer, and she didn’t understand the difference between shutting the monitor and shutting down the computer.

Some of the underage students in the class also saw the popups and told their parents. That’s when the “fun” started for Julie Amero.

The school fired her and she was arrested for suspicion of risking of injury to a minor, or impairing the morals of a child. In January she was convicted of four counts of risk of injury to a minor, or impairing the morals of a child and is facing upto 40 years in prison. The sentencing hearing is scheduled for March 3rd.

The clueless prosecution and their “expert” witnesses claimed she must’ve intentionally clicked on porn links, repeatedly for more than an hour and a half to access the porn popups. The “expert” witness testified that the browser history is evidence that she clicked on the links. Alternet has some more information about the “expert” testimony and how the “evidence” against Julie Amero was acquired.

All that would be laughable if it weren’t for the fact that Julie is, indeed, facing prison time for a crime it’s obvious she never committed.

The Norwich public school system is throwing her to the wolves, because they can’t own up to their own mistakes of not keeping their anti-virus software uptodate and not having any other adequate safeguards on that computer. The Norwich prosecutor and his “expert” witnesses are so recklessly incompetent at their jobs, they should most certainly be fired on the spot. It’s also interesting the judge didn’t allow evidence to be presented at the trial that would’ve proven Julie’s defense (that the computer was so infected with spyware anything could’ve happened on it).

What truly is a miscarriage of justice in this case is that the stress caused by the case affected Julie so much that she miscarried. She and her husband have been battling infertility for years. There’s NOTHING anyone can do to repair that, even if somebody somewhere finally gets a fucking clue and let’s this woman go.

-TPP

allofmp3.com sued for $1.65 TRILLION USD

RIAA sues allofmp3.com for copyright infraction in New York. They are going for the maximum penalty afforded by the law…$150K per infraction. That comes to $1.65 trillion USD.

How they can sue a Moscow based company in New York escapes me, but I’m sure the RIAA lawyers found a loophole to exploit.

The $1.65 trillion USD claim just illustrates very poignantly how ridiculous the laws governing copyright violations are.

-TPP

EFF, AALL, ACLU and Public Citizen gang up on RIAA

I guess RIAA’s just been called out. The acronym combination is kind of like the royal flush of free speech / civil liberties advocates in the US. I wonder if such a combination has ever joined together against an organization such as RIAA before.

EFF (Electronic Frontier Foundation), AALL (American Association of Law Libraries), ACLU (American Civil Liberties Union) and Public Citizen have filed an amicus brief in favor of Deborah Foster’s motion to have RIAA pay for her legal fees.

RIAA sued Ms. Foster claiming she was sharing copyrighted content on a P2P network. RIAA withdrew the case after dragging the case for months when they already knew Ms. Foster wasn’t guilty (her daughter was).

The brief is fascinating reading and outlines in plain english RIAA’s legal tactics.

EFF’s press release and the brief about the brief can be found at EFF’s website.

-TPP

RIAA can not prove illegal file sharing in the courts

It looks like RIAA’s war on soccer moms is all based on bluffing.

Debbie Foster from Oklahoma basically asked RIAA to present their evidence against her. For whatever reason RIAA failed to do so and Ms. Foster filed a motion for summary judgment in her favor and the judge did so.

It looks like RIAA is using the US courts to intimidate and blackmail people. They certainly don’t seem to have any evidence against these people that would withstand even the most elementary legal challenge. How hard would it have been for RIAA to answer the request for evidence if they did have it?

-TPP

Pigs are flying – Hillary Rosen thinks RIAA’s lawsuits are useless

Wow. The ex-CEO of RIAA has this to say about RIAA’s current legal warfare against consumers:

But for the record, I do share a concern that the lawsuits have outlived most of their usefulness and that the record companies need to work harder to implemnt a strategy that legitimizes more p2p sites and expands the download and subscription pool by working harder with the tech community to get devices and music services to work better together.

Has she become a spokesperson for some consumer electronics industry lobbying group?

-TPP

Rock, paper and scissors as an alternative dispute resolution tool

A federal judge in Florida orders two lawyers, who are unable to agree on a location for a meeting, to settle their dispute with one game of rock, paper and scissors.

Simple and cost-effective. Brilliant!

-TPP

The Recording Industry vs The People

I just found a very interesting blog about the RIAA lawsuits. It’s run by two lawyers, who apparently think RIAA is abusing the law.

The blog documents and comments on active cases RIAA is litigating in the courts as well as other background information into the RIAA’s war on P2P downloads.

-TPP

Guilty until proven innocent

Looks like a couple of the Michael Jackson trial jurors are milking in the dough on the media interview circus by basically saying “we thought he was innocent of the crimes accused, but we should’ve convicted him anyway, because he might’ve been guilty of other crimes”.

That’s exactly what was wrong in all the media coverage during the trial. Because the dude is a monkey-loving, plastic-surgery-defaced freak we should put him away, cause we don’t like him. Fine. Let’s go that way, but only if we get to jail other people we don’t like as well. In fact, I have a LONG list of people I don’t like and rather see neutralized before they can do more harm.

In fact, let’s do one better. Let’s have the MEDIA run trials and convict people using website polling:

Q. Should we hang this ugly african-american man?
1. Hell yea, hang the n****, I’m from the south
2. Heavens, no! I’m a tree-hugging liberal intellectual from Vermont, death penalty is wrong
3. Whatever YOU think, Geraldo Rivera
4. Dude, I don’t know, I’m so high I can’t even click on the right freakin button
5. No, but hang this other dude I don’t like

That’d save a fortune and, even better, it’d be a revenue generating activity for the private businesses. What could be better???

-TPP

The Supreme Court has lost it?

The Supreme Court ruling today on a case against the city of New London, CT greatly expanded local government’s “rights” to seize private property under eminent domain.

Originally the use of eminent domain was restricted only for public use (roads and other public infrastructure) or to get rid blighted property. Today’s ruling allow local governments to seize ANY property if they can demonstrate the planned use for the land would generate more tax revenue for the city.

The reaction to the ruling has been a big “wtf”. A quick Internet search reveals widespread opposition to the ruling from the American Farm Bureau Federation to small business owners across the country. Several local newspapers have written about local residents’ and business owners’ concerns about specific projects (New York Nets stadium in Brooklyn, a shopping center in DC targeted for demolition so that another shopping center operator could take it over, etc.).

It seems to me that The Supreme Court just abolished private property rights in the US. I am puzzled as to why.

-TPP

91% of people arrested during the Republican Convention in New York City found innocent

1,806 people were arrested sometimes with distinct gestapo style tactics in New York City during the Republican party convention last year.

1,670 of those cases have so far been decided. In 91% of the cases the charges were dropped or the people were found not guilty of the charges filed against them.

The New York Times article also reports edited video tapes were sometimes being used to present the prosecutor’s case. Unedited tapes clearly showed people to be not guilty. The police, of course, is saying the editing was accidental. Sure…

But, hey, they were only protecting the President against grave threats. Surely their actions were justified.

-TPP