Miyerkules, Agosto 31, 2011

Woodbine: Rahy's Attorney retired with injury

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Barbara D. Livingston

Rahy?s Attorney (right) was injured during his second-place finish in Saturday?s Grade 1 Sword Dancer at Saratoga.

ETOBICOKE, Ontario ? Rahy?s Attorney, a very game second in last Saturday?s Grade 1 Sword Dancer at Saratoga, was injured during the running and has been retired.

Under regular rider Emma-Jayne Wlson, Rahy?s Attorney led through every step of the 1 1/2-mile turf race before being overtaken by Winchester in the final yards.

Wilson pulled up Rahy?s Attorney on the backstretch, and the horse was vanned off.

?Emma thought something was not right,? said Ian Black, who has trained the 7-year-old gelding throughout his career. ?But he cooled out okay.?

Rahy?s Attorney was back in his stall at Woodbine on Sunday and seemed to be none the worse for his experience.

The next morning, however, a problem was discovered.

?When we got him out Monday morning, he had a little filling in his left pastern,? Black said. ?We decided to ultrasound it and found a lesion on his superficial digital tendon.

?If it was somebody a little younger, you could probably give him six months off and bring him back.

?But he?s done so much for everybody involved. It was hard enough to see him vanned off in one piece. You?d hate to see something really serious happen.?

Rahy?s Atttorney was bred by the husband and wife team of Joe and Ellen MacClellan at their Elle-Boje Farm in Spencerville, Ontario, about 50 miles south of Ottawa.

Joe?s mother, Jean MacLellan; brother, Jim MacLellan; and friends Mitch Peters and Jim Reid joined them in the ownership of Rahy?s Attorney.

Rahy?s Attorney began his career in anonymity here in the fall of 2006, finishing third for $32,000 in his second career start.

But the Ontario-sired Rahy?s Attorney showed dramatic improvement the following season when winning five races, including the restricted Vice Regent and Bunty Lawless, both over one mile of turf.

The year 2008 will be remembered as Rahy?s Attorney?s finest as he won the Grade 1 Woodbine Mile and the Grade 3 Connaught Cup and wound up his campaign with a ninth-place finish, beaten just 3 3/4 lengths, in the Grade 1 Mile Championship at Japan?s Kyoto Racecourse. He was Canada?s champion turf male that season and runner-up in the Horse of the Year balloting.

Rahy?s Attorney went on to win the Grade 2 King Edward, the Grade 2 Nijinsky, and the Bunty Lawless here in 2009 and finished second in the Sovereign Award balloting for his division.

Last year, Rahy?s Attorney added more laurels, with wins here in the restricted With Approval and Bunty Lawless and second-places finishes in Gulfsteam?s Grade 3 Appleton, the King Edward, the PTHA Presidents Cup in Philadelphia, and the Grade 3 Tropical Turf Handicap at Calder. Again, he was the runner-up in the Sovereign Award turf male vote.

There was still more in store, however, as Rahy?s Attorney found a new niche as a long-distance runner this season and won the Grade 3 Pan American over 1 1/2 miles at Gulfstream and the 1 3/8-mile prep for the Singspiel here at Woodbine before almost pulling off another Grade 1 win in the Sword Dancer.

?For now, he?ll stay here until I see that he?s okay,? Black said. ?Then he?ll go to Kinghaven and eventually to the MacLellans?s farm.?

Rahy?s Attorney will go home with an overall record of 14 wins, 10 seconds, and 4 thirds from 41 starts for earnings of more than $2.2 million.

?He?ll get another life, either as a pony or a riding horse,? Black said.

Fifty Proof set for Sky Classic

The Black stable plans to see stakes action here this weekend with Fifty Proof slated for Sunday?s Grade 2, $250,000 Sky Classic over 1 1/4 miles of turf.

Other locals expected for the Sky Classic include Windward Islands, Hailstone, and Musketier; the respective first-, third-, and fifth-place finishers in the Nijinsky over 1 1/4 miles of turf here last time out; Kara?s Orientation, coming off a sharp win here in a first-level allowance race at 1 1/8 miles of turf; and Laureate Conductor, who was claimed for $62,500 here June 12 and finished eighth when debuting for his new interests in the Grade 3 Dominion Day over 1 1/4 miles of Polytrack here July 1.

Trainer Christophe Clement has expressed an interest in returning to Woodbine with Grassy, who finished second behind Musketier in the Grade 3 Singspiel here June 26 and was scratched from the Sword Dancer.

Smart Bid, who is based at Fair Hill in Maryland with Graham Motion, also is a possibility.

Inglorious heads to Spa for Alabama

Inglorious, winner of the La Lorgnette, Woodbine Oaks, and the Queen?s Plate in her three starts at the Woodbine meeting, shipped out for Saratoga on Tuesday morning for her engagement in Saturday?s Grade 1 Alabama.

Owned by the Donver Stable of Donna and Verne Dubinsky and trained by Josie Carroll, Inglorious will have her regular rider, Luis Contreras, in the irons, for the 1 1/4-mile Alabama. The Dubinskys and Carroll won the 2009 Alabama with Careless Jewel, who was ridden by Robert Landry.

Handicapping Challenge scheduled

Woodbine?s annual Thoroughbred Handicapping Challenge will be held on the weekend of Aug. 27-28 in the trackside tent.

Advance registration will be available daily, through Aug. 26, from 11 a.m. to 11 p.m. at the second-floor Player Services desk here at Woodbine and through Sue Clark at (416) 675-3993, ext. 2513, or at sck@woodbineentertainment.com until 4 p.m. Aug. 26.

Entries also will be taken at the contest venue from 10 a.m. to 1 p.m. Aug. 27.

Contestants must ante up $330, comprised of a $250 entry fee plus an $80 bankroll to cover 10 $2 win-place bets on each day of the contest, including three mandatory races. Woodbine, Saratoga, and Monmouth will be the contest tracks, with Fort Erie added Sunday. Entries are limited to two per person.

All entry fees will be returned as prize money, and the top three finishers, provided that they are current members of the National Handicapping Tour, will qualify for berths in next year?s $2 million Daily Racing Form / National Thoroughbred Racing Association Handicapping Championship in Las Vegas.

Source: http://www.drf.com/news/woodbine-rahys-attorney-retired-injury

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Stamos considered front-runner in Arlington commonwealth?s attorney race

Her opponent, David W. Deane, 39, is a native Virginian who has been practicing law for 14 years. He is a partner at Albo & Oblon in Arlington, where he manages the firm?s criminal division and started his career as a prosecutor in Fairfax County before going into private practice.

Stamos says her experience should win her the position, while Deane says he will bring a fresh perspective to the office. Outside of modest operational changes, the office?s structure would remain the same under Stamos. Deane wants to streamline the way the office handles drug charges and hire more Spanish-speaking prosecutors, a move Stamos also welcomes.

When it comes to the death penalty, the two candidates differ.

Deane opposes capital punishment and said: ?The commonwealth?s attorney has the discretion of what level of charge to bring. I think the only valid argument for the death penalty is sheer vengeance.?

Stamos said it is her job to present the facts of a capital case to the jury.

?These are the kinds of cases where the jury has to make that determination, and I think it is appropriate for them to do so,? she said.

Stamos, who grew up in Chicago and worked as a journalist while going to law school at night, has received numerous endorsements in Arlington and throughout Virginia. She significantly outraised Deane; about $99,100 as of June 30, compared with Deane?s $7,880.

?I believe very deeply in the criminal justice system we have in this county and making it work the right way,? said Stamos, who added that she is honored to be a public servant.

Among the highlights of her career, Stamos won five life sentences plus 168 years in prison in 2010 for Jorge Avila Torrez, who was found guilty of abducting and raping a University of Maryland graduate student, among other charges. Torrez, a former U.S. Marine, was indicted by a federal grand jury in May for the 2009 slaying of Navy Petty Officer Amanda Jean Snell, 20, at Joint Base Myer-Henderson Hall.

Stamos also worked to convict several murderers. Among them was Matthew J. Pahno in 2006, who was convicted of strangling and decapitating his aunt, Maria ?Marissa? Teresa Dela Cruz Escoto, and Zachary Cooper, who was convicted of killing his wife, his 5-year-old daughter and his girlfriend in 2002.

?The hallmark of this job is having the seriousness of purpose, understanding and appreciating prosecutorial discretion and showing how it is exercised,? Stamos said. ?I think my experience doing what I do, being a mom, a parent in the community, is what I need to do this job well,? she said.

S. Randolph Sengel, Alexandria commonwealth?s attorney, endorsed Stamos and said she is a skilled trial attorney with ?excellent judgment in terms of assessing cases and determining what the right outcome is.? He said experience is key.

Source: http://www.washingtonpost.com/local/dc-politics/stamos-considered-front-runner-in-arlington-commonwealths-attorney-race/2011/08/09/gIQArYCUJJ_story.html?wprss=rss_local

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Martes, Agosto 30, 2011

NY attorney general settles soldiers' $3.5M debt

ALBANY, N.Y. (AP) ? An agreement with a finance company will clear $3.5 million in debt for nearly a thousand soldiers who bought computers and other electronics at highly inflated prices and credit terms at a retailer outside the Army's Fort Drum military base, the state's attorney general said Tuesday.

Rome Finance Co. Inc., of Concord, Calif., also agreed through its bankruptcy trustee to take steps to restore the credit histories of hundreds of people, Attorney General Eric Schneiderman said. Telephone calls to Rome Finance's trustee weren't immediately returned Tuesday.

A lawsuit filed last year by the attorney general's office and pending in state Supreme Court accuses electronics retailer SmartBuy and affiliates of defrauding service personnel through "wildly inflated" prices and high interest rates paid directly from military paychecks. The lawsuit seeks restitution and credit repair.

"This company took advantage of service members using deceptive practices and roping them into high-interest contracts and ruining their credit ratings," Schneiderman said.

Schneiderman, visiting his office in Watertown, near the military base in northern New York, with Fort Drum officials, said Tuesday that one soldier ended up $6,000 in debt for a computer that costs $1,200.

"The last thing any soldier should have on their mind is the fact they were the victim of a scam back home that haunts them when they are overseas," Schneiderman said. "They're easy victims for some types of scams."

In one case from 2009, a soldier who later served in Iraq bought a 47-inch LCD TV for $4,632 plus 12 percent interest, the attorney general's office said. The soldier's wife found the same model for sale at a Sam's Club for about $1,100, it said.

SmartBuy, which last year closed a kiosk at a shopping mall near Fort Drum, has denied wrongdoing. It also had operated near military posts in North Carolina, Texas, Colorado, Oklahoma, Georgia, California and Tennessee.

SmartBuy attorney Gabe Nugent said the allegations against the company "aren't any more truthful or accurate than when they were first made two years ago."

He said the company, which has executive offices in Fayetteville, N.C., is in transition and no longer sells consumer goods.

"They're not in bankruptcy, but they're not in business," he said.

The New York attorney general's office said the store's clerks had aggressively pushed sales of electronics including laptops, game systems and flat-screen televisions to soldiers, declined to take cash payments and pressured buyers into payment contracts with hidden fees and exorbitant interest rates.

In May 2010, Assistant Attorney General Deanna Nelson wrote to top Pentagon officials advising them that the retailer was targeting military personnel and "unlawfully" attempting to sell them computers and other electronics with markups of double or triple normal retail prices plus financing averaging 244 percent in interest. She listed seven other stores near bases and wrote that most sales were paid through direct military payroll deductions commonly known as allotments.

Schneiderman's agreement with the finance company settles the debt for 995 soldiers, who owed an average of about $3,500 each.

His office has referred about 200 cases to other states, including Colorado, Georgia, Hawaii, Kentucky, Louisiana, North Carolina, Oklahoma, Texas, Virginia and Washington, spokeswoman Jennifer Givner said Tuesday.

Source: http://news.yahoo.com/ny-attorney-general-settles-soldiers-3-5m-debt-201114157.html

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Attorney Joins Trial Practice in New York - PR-USA.net

The global law firm of Thompson & Knight LLP is pleased to announce that Amy A. Lehman has joined the Firm?s Trial Department as an Attorney in the New York office.

?Amy is a bright, highly motivated litigator with excellent educational credentials,? says Philip J. Kessler, the Firm?s New York Office Leader. ?She will be a worthy addition in supporting the growing litigation and international arbitration practice in our New York office. With her ties to the University of Michigan Law School, she will also support our Michigan practice, where she has been welcomed.?

Ms. Lehman represents clients before federal and state trial and appellate courts and focuses her practice on civil and commercial litigation and other areas of dispute resolution. She is a member of the American Bar Association, New York State Bar Association, New York City Bar Association, New York County Lawyers Association, Volunteer Lawyers for the Arts, and the University of Michigan Entertainment Coalition. She received a J.D. from the University of Michigan Law School in 2006 and a B.A., magna cum laude, from New York University in 2000.

Prior to joining Thompson & Knight, Ms. Lehman was an attorney at Flemming Zulack Williamson Zauderer LLP. Her previous experience also includes providing pro bono foreclosure defense litigation and negotiation for the New York City Bar Justice Center Foreclosure Project and serving as a Law Clerk for the Office of General Counsel at the University of Michigan.

About Thompson & Knight

Established in 1887, Thompson & Knight is a full-service firm providing legal solutions to public and private companies, governments, and individuals in all areas, including commercial and tort litigation, intellectual property, finance, banking, securities, mergers and acquisitions, taxation, corporate governance, creditors rights, real estate, labor, white collar defense, and environmental matters, among others. We are particularly recognized for our depth of experience and capabilities on behalf of clients in the energy industry, both domestically and around the world. Thompson & Knight has approximately 350 attorneys with offices in New York, Texas, and Michigan and international offices and associations in the Americas, North Africa, and Europe.

Source: http://pr-usa.net/index.php?option=com_content&task=view&id=865049&Itemid=29

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Lunes, Agosto 29, 2011

Stamos considered front-runner in Arlington commonwealth?s attorney race

Her opponent, David W. Deane, 39, is a native Virginian who has been practicing law for 14 years. He is a partner at Albo & Oblon in Arlington, where he manages the firm?s criminal division and started his career as a prosecutor in Fairfax County before going into private practice.

Stamos says her experience should win her the position, while Deane says he will bring a fresh perspective to the office. Outside of modest operational changes, the office?s structure would remain the same under Stamos. Deane wants to streamline the way the office handles drug charges and hire more Spanish-speaking prosecutors, a move Stamos also welcomes.

When it comes to the death penalty, the two candidates differ.

Deane opposes capital punishment and said: ?The commonwealth?s attorney has the discretion of what level of charge to bring. I think the only valid argument for the death penalty is sheer vengeance.?

Stamos said it is her job to present the facts of a capital case to the jury.

?These are the kinds of cases where the jury has to make that determination, and I think it is appropriate for them to do so,? she said.

Stamos, who grew up in Chicago and worked as a journalist while going to law school at night, has received numerous endorsements in Arlington and throughout Virginia. She significantly outraised Deane; about $99,100 as of June 30, compared with Deane?s $7,880.

?I believe very deeply in the criminal justice system we have in this county and making it work the right way,? said Stamos, who added that she is honored to be a public servant.

Among the highlights of her career, Stamos won five life sentences plus 168 years in prison in 2010 for Jorge Avila Torrez, who was found guilty of abducting and raping a University of Maryland graduate student, among other charges. Torrez, a former U.S. Marine, was indicted by a federal grand jury in May for the 2009 slaying of Navy Petty Officer Amanda Jean Snell, 20, at Joint Base Myer-Henderson Hall.

Stamos also worked to convict several murderers. Among them was Matthew J. Pahno in 2006, who was convicted of strangling and decapitating his aunt, Maria ?Marissa? Teresa Dela Cruz Escoto, and Zachary Cooper, who was convicted of killing his wife, his 5-year-old daughter and his girlfriend in 2002.

?The hallmark of this job is having the seriousness of purpose, understanding and appreciating prosecutorial discretion and showing how it is exercised,? Stamos said. ?I think my experience doing what I do, being a mom, a parent in the community, is what I need to do this job well,? she said.

S. Randolph Sengel, Alexandria commonwealth?s attorney, endorsed Stamos and said she is a skilled trial attorney with ?excellent judgment in terms of assessing cases and determining what the right outcome is.? He said experience is key.

Source: http://www.washingtonpost.com/local/dc-politics/stamos-considered-front-runner-in-arlington-commonwealths-attorney-race/2011/08/09/gIQArYCUJJ_story.html?wprss=rss_local

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Rahy's Attorney retired after minor leg injury

Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Rahy's Attorney, best known for his upset win in the 2008 Woodbine Mile, has been retired from racing with a career record of 14-10-4 from 41 starts.

The gelding, who was pulled up and vanned off following a runner up effort in the Aug. 13 Sword Dancer at Saratoga, sustained a minor leg injury, but is expected to make a full recovery, according to trainer Ian Black. "Turning down the backside, (jockey) Emma-Jayne (Wilson) said he took a funny step, so she pulled him up and called for the horse ambulance," said Black. "He seemed to cool out fine, and the longer he walked, the better he seemed to get." The next morning, after being examined by a veterinarian, Rahy's Attorney was cleared to be shipped to Woodbine. Black didn't discover the filling in gelding's left pastern until the morning of Aug. 15. "The vet decided to ultrasound it and there was a lesion in his digital tendon," said Black. "With a young horse, if you give them time off, they'll probably come back. But as good as Rahy's Attorney has been to everybody, and the fact he's almost 8, no one wanted to bring him back and have something worse happen to him." The 7-year-old gelding by Crown Attorney was bred in Ontario by Joe and Ellen MacLellan's Ellie Boje Farms and was campaigned by that operation in partnership with Joe's mother Jean MacLellan, Mitch Peters, and Dean Read. "Apart from the Woodbine Mile, the Sword Dancer was one of the bravest, best races (Rahy's Attorney) had ever run," said trainer Ian Black. "It looked as though they were getting to him and going to pass him, but he just said, 'No.' That's the type of horse he is." Rahy's Attorney ended his career with earnings of $2,120,208, and was named the Canadian male turf champion in 2008. He also counts the 2008 Connaught Cup, and 2009 Nijinsky and King Edward Handicap among his victories. He set the 1 1/8-mile Woodbine course record in the King Edward, running the distance in 1:44.73. "What I'll always associate him with is his complete and utter consistency and honesty," said Black. "He's such a pleasure." Black said Rahy's Attorney, who won two of his six starts this year, including the March 26 Pan American at Gulfstream Park, would recover at Ellie Boje near Ottowa, Canada, after which he may become a track pony. "He would make a lovely pony," said Black. "He loves to go out on the racetrack and stand and watch. Even when he was training, he'd stand there forever if you'd let him before he galloped. So there is a possibility we could do something like that with him, because he does love the racetrack life."
Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Source: http://espn.go.com/horse-racing/story/_/id/6868192/grade-1-winner-rahy-attorney-retired

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Linggo, Agosto 28, 2011

York Co. attorney faces recall bid - Omaha World-Herald


By Steve Moseley
WORLD-HERALD NEWS SERVICE

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YORK, Neb. ? Members of the York County Board are at the center of an effort to recall York County Attorney Bill Sutter.

County Board Chairman Kurt Bulgrin filed paperwork Wednesday to recall Sutter; however, that document was rejected. A second petition filed Thursday by board member Pat Bredenkamp, with pared-down reasons for the action, was recorded Thursday at the York County Clerk's Office.

A statement released late Wednesday under Bulgrin's name and contact information said action was taken "after an investigation was conducted into Sutter's mismanagement of the York County Attorney's Office."

Sutter told the York News-Times, "I have done nothing wrong. I have performed (the duties of) my office. I'm shocked and dismayed."

Bulgrin's press release said board members ordered an investigation after accusations were made about unprofessional conduct Sutter allegedly displayed toward his staff, his unwillingness to prosecute cases involving child pornography and his unwillingness to prosecute sex offenders who fail to register.

The last two elements were the reason the first petition was rejected. Thursday afternoon, Bulgrin said he has since learned that whom a public prosecutor chooses to prosecute does not constitute a legal and proper cause for recall.

In the press release, Bulgrin said: "The County Board met with Mr. Sutter and presented the findings of the investigation to him. After his refusal to submit a letter of resignation, he left the members of the board no other choice but to go public with the investigation and to start the process of removing him from office through a recall.

"Mr. Sutter's unprofessional and inappropriate behavior has created a hostile work environment within his office as well as in the community when performing his duties as county coroner."

The second recall petition, filed by Bredenkamp, listed the reasons for the action as negligence of duties and unprofessional and inappropriate conduct.

On Thursday morning, Bulgrin said County Board members are acting as "individual members of the community" in this matter and not as the sitting board.

Sutter said he was blindsided by Wednesday's events.

"I was called down to a board meeting at 11 o'clock, confronted by this and told to resign by 4 o'clock Wednesday or they were going to initiate a recall," he said Thursday morning.

Sutter has been York's county attorney since April 2010, when he was appointed by the County Board to fill an unexpired term. He has since been elected to the post.

A native of York, Sutter spent most of his legal career as a civil litigator in private practice in Lincoln. He oversees a staff of three.


Copyright �2011 Omaha World-Herald�. All rights reserved. This material may not be published, broadcast, rewritten, displayed or redistributed for any purpose without permission from the Omaha World-Herald.

Source: http://www.omaha.com/article/20110826/NEWS97/708269898/1003

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Port Angeles attorney receives Super Lawyer kudo again - Peninsula Daily News

Attorney Deborah Nelson has been named a Washington Super Lawyer for the ninth consecutive year.

Only 5 percent of the lawyers in the state receive this honor each year.

Selections are made by the research team at Super Lawyers, a service of the Thomson Reuters Legal Division.

The selection process includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check.

Nelson practices law in the areas of personal injury, insurance coverage and business disputes in Clallam and Jefferson counties and in Seattle.

In 2003, Nelson was the first lawyer on the North Olympic Peninsula to be named a Super Lawyer.

She is a past president of the Washington State Trial Lawyers Association (now the Washington State Association for Justice) and a past president of the Council of Presidents of the American Association for Justice.

She received the Distinguished Service Award from the Clallam Pro Bono Lawyers and was twice selected as ?Best Attorney in Clallam County? by a Peninsula Daily News readers? survey.

She is a frequent speaker and author on insurance coverage.

For more information, email Nelson at nelson@nelsonboydlaw.com.

Last modified: August 28. 2011 1:42AM

Source: http://www.peninsuladailynews.com/article/20110828/news/308289980/port-angeles-attorney-receives-super-lawyer-kudo-again

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Sabado, Agosto 27, 2011

Law murky on identifying police in homeless death - The Associated Press

Law murky on identifying police in homeless death

SANTA ANA, Calif. (AP) ? The refusal of police to release the names of six officers involved in a violent confrontation with a mentally ill homeless man has sparked anger but legal experts said Friday there is significant debate about whether law enforcement can ? and should ? publicly identify police in such instances.

The Fullerton Police Department maintains it is not giving the officers special protections following last month's death of Kelly Thomas, 37, and the district attorney has launched an investigation into his death. The FBI has also initiated a criminal inquiry into whether the officers violated Thomas' civil rights.

Legal experts say that California law is murky on the question of whether law enforcement agencies should routinely release the names of cops involved in officer-involved deaths, and every department handles things differently depending on their interpretation of the law.

A number of cases currently working their way through the legal system address the tension between the full disclosure required by the state's public records law and another law that exempts key parts of police officers' personnel records, said Michael Gennaco, an independent consultant hired by Fullerton to investigate the Thomas case.

"It's certainly a legal issue that has been percolating up and down the state of California on a number of fronts," he said. "Arguments can be made in both directions about what disclosure is appropriate or what disclosure should occur."

If any of the officers in the Thomas case are criminally charged, their names would automatically become public record.

Barring that, getting the names could be an uphill legal battle depending on the approach taken by the district attorney and the local police department, said Merrick Bobb, executive director of the Police Assessment Resource Center, a non-profit that provides advice on police best practices nationwide.

So far, the Fullerton Police Department has declined to release the officers' names, as has the Orange County district attorney.

The district attorney this week rejected a public records request from The Orange County Register and cited a list of threats to the police following the July 5 incident in its response.

The city has not yet replied to a similar records request from the AP. The coroner's office also rejected an AP request for Thomas' autopsy report.

The decision angered Thomas' father and promises to reinvigorate protesters who have been marching each Saturday outside the Fullerton police station.

"Like everything they do, they cite officer safety, officer privacy, the officers' bill of rights. It's a double standard," said Thomas' father, Ron Thomas. "They're afraid for their safety. Well, you know what? My son was afraid for his safety and he lost that battle. We're all supposed to have rights, but they violated them to the highest extent."

If any officers are eventually charged, the names of those individuals will be released, but they are otherwise protected by the state law dealing with exemptions for things in their personnel files, such as internal investigations, disciplinary actions and performance evaluations, said Sgt. Andrew Goodrich, a spokesman for the Fullerton police.

The law is intended to protect officers in situations involving "the politics and the public fervor" generated by highly charged incidents such as the Thomas death, Goodrich said.

"You have these protections so you don't have a situation where a politician or the management of an organization decides it's politically expedient to take a certain action against a police officer.

"If I arrest the mayor's son, suddenly my job's in jeopardy for arresting the mayor's son. The decisions have to be made putting all the public pressures and politics aside," he said.

Bobb said a number of agencies statewide have interpreted the law the same way since the California Supreme Court handed down its decision in Copley vs. the Superior Court in 2006.

In that case, The Copley Press Inc. challenged the San Diego County Civil Service Commission's closure and sealing of the record regarding an unnamed officer who fought dismissal.

In their ruling, the justices said police officers deserve more protection than other government employees to, among other things, shield "peace officers from publication of frivolous or unwarranted charges."

"The state of the law is such that if they don't want to disclose, they do have some legal grounds for that decision," Bobb said. "If an officer is cleared, then there's no particular reason for his or her name to be made public and some choose not to do so."

Some lower courts, however, have ordered the names of officers released in other cases despite the Copley decision and a number of cases are still moving through the courts, making it an area of law that's still in flux, said Gennaco, the independent consultant.

In some of those cases, the agencies are arguing that the officers face threats if their names are revealed, he said.

That could be at play in the Thomas case, given the district attorney's listing of threats made to the police following the incident.

The current case is also interesting, Gennaco said, because it was a public action but the records requested do not, at this point, involve files from an internal affairs investigation.

The internal probe is on hold until the district attorney's investigation has concluded.

"There's no real guidance on that scenario on what a city needs to do or even what a city should do and I think the arguments could be made on both side for that," he said.

Associated Press writer Amy Taxin contributed to this report.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNFkz7I2TjxmdHRDbmS9QfecjNh_Jw&url=http://www.google.com/hostednews/ap/article/ALeqM5h2S_WTlZdbjjzygcWTmn0YDBiEDw?docId=e2de6ab645bf403393b195788c98f74b

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Schuette appoints Metro Detroit attorney to DMC board

Last Updated: August 16. 2011 3:57PM

Melissa Burden/ The Detroit News

Michigan Attorney General Bill Schuette Tuesday appointed a Metro Detroit attorney and community advocate to the Detroit Medical Center's Legacy Board.

Candyce Abbatt will serve an indefinite term at the will of the attorney general, according to a news release. She has more than 26 years of legal experience and is a member of Fried Saperstein Abbatt, a Southfield firm specializing in family and business law.

"Candyce Abbatt is a smart, experienced and hard-working attorney with a strong commitment to charitable activities in Southeast Michigan," Schuette said in a statement. "She will be a strong voice for the community."

Legacy DMC is responsible for monitoring for-profit Vanguard Health System Inc.'s commitments made as part of its December purchase of the then-nonprofit DMC, including maintaining charity care, operating DMC hospitals and core medical services and numerous capital improvement projects. Legacy DMC must issue a public report annually on Vanguard's performance through 2020.

mburden@detnews.com

Subscribe to Detroit News home delivery and receive a SPECIAL INTRODUCTORY OFFER.

Source: http://detnews.com/article/20110816/BIZ/108160424/1001/rss21

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Biyernes, Agosto 26, 2011

Attorney: Police calls to Roane County bar minimal - Knoxville News Sentinel

HARRIMAN ? Contrary to official reports, the number of calls for police at a tavern just outside the city limits has been limited, according to the attorney hired to represent the owner in a beer revocation hearing tonight.

Knoxville attorney Gregory P. Isaacs said his firm checked public records and found "average to minimal police involvement" over the past 10 years at The Grill and Pub on Harriman Highway.

According to a statement from Isaacs' office, public records indicate an average between two and four calls for criminal offenses at the bar each year.

Sheriff Jack Stockton has called the bar a "nuisance" and said there have been more than 150 responses by law enforcement officials to the tavern since he was elected in 2006.

The Roane County Beer Board will consider a request from County Attorney Tom McFarland filed a petition to revoke the Grill & Pub's beer license, and it will be considered during a called meeting at 6:30 this evening.

In his petition, McFarland asserts there have been "voluminous 911 calls regarding violence, drug activity, and/or other criminal acts" at the bar in the last several months.

The petition was filed after an incident in July where a man died after he was punched once in the head following a fender-bender in the bar's parking lot.

According to the statement from Isaacs' office, that episode involved a man who was not a bar patron.

The tavern owner, Grover Norton, "intends to propose a plan to address many of these concerns" mentioned by local officials, the statement continues.

But Norton "will exercise any remedies he has at law and equity in the event his permit is revoked based on misperceptions or as a result of him being treated differently than other similarly situated businesses.''

Source: http://www.knoxnews.com/news/2011/aug/15/attorney-police-calls-to-roane-county-bar/

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Attorney: Witness offered $50K to testify against Albert Haynesworth - Washington Post (blog)

A witness in the Albert Haynesworth sexual abuse case was offered $50,000 by the alleged victim in exchange for testimony against the former Washington Redskin, the player?s attorney alleged in a filing with D.C. Superior Court.

In the late Monday filing, Haynesworth?s attorney A. Scott Bolden requested that the judge overseeing the trial ? scheduled to begin Aug. 23 ? to force prosecutors to provide what he believes to be various pieces of evidence.

According to the filing, the evidence includes the testimony of a security guard who allegedly testified before a grand jury that he saw Haynesworth grope a cocktail waitress at the W Hotel?s P.O.V. Roof Terrace Lounge early in the morning of Feb. 13 following a party.

That witness later told one of Bolden?s private detectives the contact was ?consensual? and that he was offered $50,000 to testify on behalf of the waitress from a man who introduced himself as the victim?s attorney, Bolden said.

Haynesworth was charged with one count of misdemeanor sexual abuse after prosecutors alleged he ?inappropriately? touched the woman?s breast while paying his bill. Haynesworth has pleaded not guilty in the case.

In the filing, Bolden included an affidavit from the waitress?s supervisor at the W Hotel in which the supervisor said he noticed on the waitress hug, flirt and dance with guests on ?several? occasions. The supervisor also said he ?talked? to her about her behavior and told her to ?relax a bit? because the behavior was ?inappropriate.?

Later in the affidavit, the manager said the waitress looked ?visibly upset? after the alleged incident with Haynesworth. She told her supervisor that she nodded her head yes to Haynesworth when he asked if he could place his credit card in her blouse, the W employee said in the affidavit. But she later told her supervisor ?he had taken it too far? and fondled her breast. He said the waitress began crying and she told him she wanted to call the police.

Prosecutors had offered to dismiss the sexual abuse charge if Haynesworth would plead guilty to simple assault, but Bolden rejected the deal, saying his client was innocent. In the filings, Bolden asserts his client was never arrested in connection with the charge.

In July, Haynesworth was traded to the New England Patriots for a fifth-round draft pick.

In the filings, Bolden was also seeking any information that any of the government?s witnesses were ?under the influence of alcohol, narcotics or any other drug? at the time of the incident as well as whether any of the witnesses had any prior cases in which they could be seeking favor from the government in exchange for their testimony.

Bolden wrote that he believed the testimony from several of the witnesses would prove Haynesworth either did not sexually assault the waitress or the victim consented.

U.S. Attorney spokesman Bill Miller declined to comment on the filings.

According to charging documents, Haynesworth motioned the waitress over so he could settle the bill as she was cleaning tables and had dirty plates in both her hands and on her arms. The waitress said she needed to put the plates down, but Haynesworth insisted on paying immediately.

Haynesworth then put his debit card down the woman?s bra and allegedly began moving his hand toward her breast while holding the card, documents say. As he did so, according to the documents, he asked her, ?Can I do that?? and ?Is that okay??

The waitress told him to stop, according to the documents, but Haynesworth continued to fondle her.

Bolden was also seeking to have statements made by Haynesworth when he was being questioned by detectives and security officers in a private room at the hotel excluded from the trial. Bolden said Haynesworth made the statements before he was read his rights.

Bolden specifically identified the statements Haynesworth made alleging the waitress, who was African-American, made up the allegations because she was angry he dated outside his race and that he did not like black women. ?She was upset I have a white girlfriend. I couldn?t tell you the last time I dated a black girl,? Haynesworth allegedly told a detective.

The statements, Bolden wrote, had nothing to do with the case. ?These statements will serve no purpose other than to impair the search for the truth, harass, annoy or humiliate Mr. Haynesworth, improperly inflame the arbiter and unfairly prejudice Mr. Haynesworth?s defense in this action,? Bolden wrote.

?This case would have never seen the inside of a courtroom if this didn?t involve Albert Haynesworth,? said Chad Speck, the player?s agent.

Speck said his client will be in court during the trial. Management with the Patriots, Speck said, were aware of the case before he was traded.

This item has been updated.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNEC0MnRMQ_jXTQ7DQaLE8-vvO7Sgw&url=http://www.washingtonpost.com/blogs/crime-scene/post/witness-in-haynesworth-sexual-abuse-case-offered-50000-to-testify-against-former-redskin-attorney-asserts/2011/08/16/gIQAJqkDJJ_blog.html

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Huwebes, Agosto 25, 2011

U.S. attorney gathering info on "Run, Ed, Run," source says - San Francisco Gate

Call it what you will -- inquiry, preliminary investigation or full-blown inquest -- but the U.S. Attorney's Office has begun gathering information about Progress for All, the now-disbanded group behind the "Run, Ed, Run" campaign to draft interim Mayor Ed Lee into running for a full term, a source told City Insider.

Under scrutiny.

Lea Suzuki / The Chronicle

Under scrutiny.

The group has been the subject of complaints by both local Democratic Party chair Aaron Peskin and retired Superior Court Judge Quentin Kopp, who both asked for investigations into its conduct.

Peskin's request went to the city's Ethics Commission over campaign finance issues and the possibility that Progress for All was coordinating its activities with Lee in violation of election law.

Kopp requested a criminal inquiry after The Chronicle reported that Rose Pak, a Lee confidante and fundraiser for Progress for All, had solicited help for the "Run, Ed, Run" campaign from Recology, the city's garbage collection contractor, which at the time had a $112 million contract to ship waste to a landfill in Yuba County pending before the Board of Supervisors.

Pak had pressed a senior executive on multiple occasions to provide workers to help her effort to get Lee to run for a full four-year term. Two temporary Recology employees, at the encouragement of an unnamed company supervisor, then gathered signatures urging Lee to run, while a separate petition was placed in one of the company's workrooms, which 86 employees signed, Recology officials said. Kopp asked both the District Attorney and the U.S. attorney to launch a criminal probe into possible "corrupt influencing and other felony or misdemeanor misconduct."

Lee had a hand in Recology securing its $112 million contract. As city administrator, he was one of three people on a city panel evaluating bids in July 2009, when he gave Recology a substantially higher score than the other two panelists. One of the other panelists rated Recology's bid equal to one by Waste Management Inc. The other gave Recology a three-point edge. Lee rated it 11 points higher. Recology's average score beat Waste Management's by five points.

"Mayor Lee reviewed the proposal with the goal of getting the best deal for the city and ratepayers," said mayoral spokeswoman Christine Falvey. Recology's proposal will save the city $100 million over 10 years, Falvey said.

Lee's camp maintains he had no ties to Progress for All's activities.

"This campaign is wholly independent from that effort," campaign spokesman Tony Winnicker said. "We have abided by every Ethics Commission guideline and campaign law from day one."

A source told us the U.S. Attorney's Office asked for documents on Aug. 10, the same day Progress for All changed its campaign finance filing to replace a $5,000 donation it had listed as from Victor Makras, a close friend of former Mayor Willie Brown. The donation is now listed as from Sausalito investor John Talty.

A spokesman for the U.S. attorney could not be reached late Monday. Two leaders with Progress for All did not return calls seeking comment.

Posted By: John Cot� (Email) | August 15 2011 at 07:30 PM

U.S. attorney gathering info on "Run, Ed, Run," source says

Call it what you will -- inquiry, preliminary investigation or full-blown inquest -- but the U.S. Attorney's Office has begun gathering information about Progress for All, the now-disbanded group...

Source: http://www.sfgate.com/cgi-bin/blogs/cityinsider/detail?entry_id=95451

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Rahy's Attorney retired after minor leg injury

Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Rahy's Attorney, best known for his upset win in the 2008 Woodbine Mile, has been retired from racing with a career record of 14-10-4 from 41 starts.

The gelding, who was pulled up and vanned off following a runner up effort in the Aug. 13 Sword Dancer at Saratoga, sustained a minor leg injury, but is expected to make a full recovery, according to trainer Ian Black. "Turning down the backside, (jockey) Emma-Jayne (Wilson) said he took a funny step, so she pulled him up and called for the horse ambulance," said Black. "He seemed to cool out fine, and the longer he walked, the better he seemed to get." The next morning, after being examined by a veterinarian, Rahy's Attorney was cleared to be shipped to Woodbine. Black didn't discover the filling in gelding's left pastern until the morning of Aug. 15. "The vet decided to ultrasound it and there was a lesion in his digital tendon," said Black. "With a young horse, if you give them time off, they'll probably come back. But as good as Rahy's Attorney has been to everybody, and the fact he's almost 8, no one wanted to bring him back and have something worse happen to him." The 7-year-old gelding by Crown Attorney was bred in Ontario by Joe and Ellen MacLellan's Ellie Boje Farms and was campaigned by that operation in partnership with Joe's mother Jean MacLellan, Mitch Peters, and Dean Read. "Apart from the Woodbine Mile, the Sword Dancer was one of the bravest, best races (Rahy's Attorney) had ever run," said trainer Ian Black. "It looked as though they were getting to him and going to pass him, but he just said, 'No.' That's the type of horse he is." Rahy's Attorney ended his career with earnings of $2,120,208, and was named the Canadian male turf champion in 2008. He also counts the 2008 Connaught Cup, and 2009 Nijinsky and King Edward Handicap among his victories. He set the 1 1/8-mile Woodbine course record in the King Edward, running the distance in 1:44.73. "What I'll always associate him with is his complete and utter consistency and honesty," said Black. "He's such a pleasure." Black said Rahy's Attorney, who won two of his six starts this year, including the March 26 Pan American at Gulfstream Park, would recover at Ellie Boje near Ottowa, Canada, after which he may become a track pony. "He would make a lovely pony," said Black. "He loves to go out on the racetrack and stand and watch. Even when he was training, he'd stand there forever if you'd let him before he galloped. So there is a possibility we could do something like that with him, because he does love the racetrack life."
Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Source: http://espn.go.com/horse-racing/story/_/id/6868192/grade-1-winner-rahy-attorney-retired

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Miyerkules, Agosto 24, 2011

Stamos considered front-runner in Arlington commonwealth?s attorney race

Her opponent, David W. Deane, 39, is a native Virginian who has been practicing law for 14 years. He is a partner at Albo & Oblon in Arlington, where he manages the firm?s criminal division and started his career as a prosecutor in Fairfax County before going into private practice.

Stamos says her experience should win her the position, while Deane says he will bring a fresh perspective to the office. Outside of modest operational changes, the office?s structure would remain the same under Stamos. Deane wants to streamline the way the office handles drug charges and hire more Spanish-speaking prosecutors, a move Stamos also welcomes.

When it comes to the death penalty, the two candidates differ.

Deane opposes capital punishment and said: ?The commonwealth?s attorney has the discretion of what level of charge to bring. I think the only valid argument for the death penalty is sheer vengeance.?

Stamos said it is her job to present the facts of a capital case to the jury.

?These are the kinds of cases where the jury has to make that determination, and I think it is appropriate for them to do so,? she said.

Stamos, who grew up in Chicago and worked as a journalist while going to law school at night, has received numerous endorsements in Arlington and throughout Virginia. She significantly outraised Deane; about $99,100 as of June 30, compared with Deane?s $7,880.

?I believe very deeply in the criminal justice system we have in this county and making it work the right way,? said Stamos, who added that she is honored to be a public servant.

Among the highlights of her career, Stamos won five life sentences plus 168 years in prison in 2010 for Jorge Avila Torrez, who was found guilty of abducting and raping a University of Maryland graduate student, among other charges. Torrez, a former U.S. Marine, was indicted by a federal grand jury in May for the 2009 slaying of Navy Petty Officer Amanda Jean Snell, 20, at Joint Base Myer-Henderson Hall.

Stamos also worked to convict several murderers. Among them was Matthew J. Pahno in 2006, who was convicted of strangling and decapitating his aunt, Maria ?Marissa? Teresa Dela Cruz Escoto, and Zachary Cooper, who was convicted of killing his wife, his 5-year-old daughter and his girlfriend in 2002.

?The hallmark of this job is having the seriousness of purpose, understanding and appreciating prosecutorial discretion and showing how it is exercised,? Stamos said. ?I think my experience doing what I do, being a mom, a parent in the community, is what I need to do this job well,? she said.

S. Randolph Sengel, Alexandria commonwealth?s attorney, endorsed Stamos and said she is a skilled trial attorney with ?excellent judgment in terms of assessing cases and determining what the right outcome is.? He said experience is key.

Source: http://www.washingtonpost.com/local/dc-politics/stamos-considered-front-runner-in-arlington-commonwealths-attorney-race/2011/08/09/gIQArYCUJJ_story.html?wprss=rss_local

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G1 winner Rahy's Attorney retired - ESPN

Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Rahy's Attorney, best known for his upset win in the 2008 Woodbine Mile, has been retired from racing with a career record of 14-10-4 from 41 starts.

The gelding, who was pulled up and vanned off following a runner up effort in the Aug. 13 Sword Dancer at Saratoga, sustained a minor leg injury, but is expected to make a full recovery, according to trainer Ian Black. "Turning down the backside, (jockey) Emma-Jayne (Wilson) said he took a funny step, so she pulled him up and called for the horse ambulance," said Black. "He seemed to cool out fine, and the longer he walked, the better he seemed to get." The next morning, after being examined by a veterinarian, Rahy's Attorney was cleared to be shipped to Woodbine. Black didn't discover the filling in gelding's left pastern until the morning of Aug. 15. "The vet decided to ultrasound it and there was a lesion in his digital tendon," said Black. "With a young horse, if you give them time off, they'll probably come back. But as good as Rahy's Attorney has been to everybody, and the fact he's almost 8, no one wanted to bring him back and have something worse happen to him." The 7-year-old gelding by Crown Attorney was bred in Ontario by Joe and Ellen MacLellan's Ellie Boje Farms and was campaigned by that operation in partnership with Joe's mother Jean MacLellan, Mitch Peters, and Dean Read. "Apart from the Woodbine Mile, the Sword Dancer was one of the bravest, best races (Rahy's Attorney) had ever run," said trainer Ian Black. "It looked as though they were getting to him and going to pass him, but he just said, 'No.' That's the type of horse he is." Rahy's Attorney ended his career with earnings of $2,120,208, and was named the Canadian male turf champion in 2008. He also counts the 2008 Connaught Cup, and 2009 Nijinsky and King Edward Handicap among his victories. He set the 1 1/8-mile Woodbine course record in the King Edward, running the distance in 1:44.73. "What I'll always associate him with is his complete and utter consistency and honesty," said Black. "He's such a pleasure." Black said Rahy's Attorney, who won two of his six starts this year, including the March 26 Pan American at Gulfstream Park, would recover at Ellie Boje near Ottowa, Canada, after which he may become a track pony. "He would make a lovely pony," said Black. "He loves to go out on the racetrack and stand and watch. Even when he was training, he'd stand there forever if you'd let him before he galloped. So there is a possibility we could do something like that with him, because he does love the racetrack life."
Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHKC4w_g2EGXdYm9tgbAS2KLU9Qpw&url=http://espn.go.com/horse-racing/story/_/id/6868192/grade-1-winner-rahy-attorney-retired

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Martes, Agosto 23, 2011

http://goo.gl/bK24Z

Source: http://goo.gl/bK24Z

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City will hire investigator into homeless death - The Associated Press

City will hire investigator into homeless death

FULLERTON, Calif. (AP) ? City officials approved Tuesday the hiring of an attorney to investigate the death of a mentally ill homeless man after a confrontation with police that has outraged many in this suburban community.

The Fullerton City Council agreed to sign two contracts with Michael Gennaco to probe the death of 37-year-old Kelly Thomas and review the police department's policies and procedures. Gennaco specializes in examining law enforcement agencies and is chief attorney for the Los Angeles County Office of Independent Review, a civilian oversight body that monitors that county's sheriff's department.

Councilman Bruce Whitaker voted against awarding Gennaco a contract to probe Thomas' death, noting that he may not be able to start the independent investigation until ongoing probes by the FBI and the Orange County District Attorney's office are completed.

The council's move comes on the same day Acting Police Chief Kevin Hamilton ordered an internal affairs review of the arrest of a man in October who was later acquitted of misdemeanor attacking an officer and resisting arrest.

The attorney for Veth Mam told City News Service that his client saw a friend being arrested by Fullerton police and took out his cell phone to record what he thought were officers using excessive force. David Borsari said an officer knocked the camera out of Mam's hand and another man picked it up and continued recording.

Borsari said the video contradicted an officer's testimony about what happened and led to his client's acquittal on July 7.

Sgt. Andrew Goodrich, a spokesman for the police department, said Hamilton ordered the review based on information that was brought to Hamilton's attention over the last week.

Meanwhile, the community uproar over Thomas' death continues to grow as the six officers involved in the clash are put on paid administrative leave.

At Tuesday night's meeting, numerous residents berated council members for what they called inadequate response to the bloody encounter.

Thomas' father, Ron Thomas, lashed out at Mayor Pro Tem Don Bankhead and demanded a private meeting so he can shift his focus away from the council and on to the criminal probe. Bankhead agreed to meet with him.

Police said Thomas ran when officers tried to search his bag while investigating a report of vehicle break-ins, and they struggled to arrest him on suspicion of possession of stolen goods.

Video from a bystander's cell phone taken from a distance showed parts of the confrontation, including a snippet in which he can be heard screaming for his father. Surveillance video aboard a bus showed agitated passengers saying officers beat and repeatedly used a stun gun on him.

Thomas was hospitalized after the July 5 confrontation. He suffered severe head and neck injuries and was taken off life support several days later.

An autopsy initially failed to determine the cause of death pending further tests.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNFjD-7e1QlsYkKSxaKVVS7LDo3cSA&url=http://www.google.com/hostednews/ap/article/ALeqM5jT554rInybgPyn0hVNs8_1X1ocgA?docId=b30e3c5106cb41e39fd7bac49fc544d1

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Lunes, Agosto 22, 2011

Rahy's Attorney goes out as a contender

Rahy?s Attorney was a blue collar horse with a white collar bankroll.

On Tuesday, the 7-year-old gelding was retired from racing with earnings of $2.2-million, with 14 wins, 10 seconds and four thirds in 41 starts. But those are just numbers.

He has his own Facebook page. He?s the pride of a small group of owners, friends and relatives spread from Ottawa to Calgary. In the past couple of days, his Facebook account has bulged with notes from well-wishers from around the country.

On Saturday, Rahy?s Attorney ended his career with a typically gallant effort in the $500,000 Sword Dancer Stakes at Saratoga, in upper New York state, the summer mecca of the horse racing world, with an injury to his left front leg.

?What a big blow to a little stable,? said part-owner and breeder Joe MacLellan.

With Woodbine jockey, Emma-Jayne Wilson aboard, he set a lively pace and when the stretch runners swelled up behind him at the head of the stretch, he marched on, very unwilling to let them by. In the final strides, Winchester sailed past, but not easily and Rahy?s Attorney finished second, trying hard until the final step.

?He ran a huge race,? said trainer Ian Black, who watched Rahy?s Attorney win honours as Canada?s top male turf horse in 2008, the year he won the $1-million Woodbine Mile against the best horses in the world.

?Apart from the Woodbine Mile, that was one of the bravest, best races he?s ever run,? Black said. ?It looked as though they were getting to him and going to pass him, but he just said: ?No.? That?s the type of horse he is.?

There?s no telling where this sort of spirit comes from. Obviously, it doesn?t come from the price tag they bring in a sales ring. Joe MacLellan, now retired from his accounting job with the Treasury Board in Ottawa and wife Ellen, now also retired from her job with Health Canada, bred their mare, Rahy?s Hope to Crown Attorney, which stood for a fee of only $3,000. Crown Attorney had been a stalwart for the stable of their friends, Anthony and Mary Lamb and had won a cascade of top stakes races and close to $1-million while racing at Woodbine.

Then the MacLellans (known as Elle Boje Stable) sold a half-interest in Rahy?s Attorney for $4,000 in his early days. He?s now also owned by MacLellan?s mother, Jean, former president of the Canadian Figure Skating Association, his brother, James, and friends Mitch Peters and Dean Reid of Calgary.

They hoped only to have a horse that could win a few races at Woodbine. He turned into much more.

But it all ended on Saturday and most people watching the race missed the drama. ?I didn?t even realize it had happened, until I went down to meet Emma,? Black said. But pulling up down the backside, he had taken one bad step and then another one. Wilson sensed something wrong and pulled him up. He was vanned off the track.

Back in the grandstand, his owners knew nothing of what had happened. They knew only that the horse had not returned to the unsaddling area in front of the grandstand. He had pulled up on the backstretch and they could not see him past a large tote board in the infield. They heard only Black being told to get into a van.

?It was not a good scene,? MacLellan said.

?He got off the van fine, and he cooled out,? Black said. ?But he looked like he might have been walking a little slightly short on his right side. He got better as he cooled out and he cooled out quickly. He did everything right.?

MacLellan said the horse showed only a slight limp while being cooled out and the veterinarians couldn?t really tell which leg was ailing him.

Source: http://www.theglobeandmail.com/sports/more-sports/rahys-attorney-goes-out-as-a-contender/article2131418/?utm_medium=Feeds:%20RSS/Atom&utm_source=Home&utm_content=2131418

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Source: http://goo.gl/psNdT

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Linggo, Agosto 21, 2011

Nevada AG is latest to balk at foreclosure deal - Boston Globe

NEW YORK - A possible settlement of a 50-state probe of foreclosure practices drew more state scrutiny as Nevada?s attorney general joined three other states in voicing concern about a deal that protects banks from continuing mortgage investigations.

Catherine Cortez Masto, whose office sued Bank of America and is conducting civil and criminal foreclosure investigations, said she will be ?very cautious?? about agreeing to a settlement that hinders those inquiries.

?If it?s impacting my ongoing litigation and any other future litigation or current investigation, I?m going to be cautious about whether to sign on or not,?? the Nevada attorney general said by phone Monday.

State and federal officials are negotiating a settlement with the five largest mortgage servicers, including Bank of America in Charlotte, N.C., and JPMorgan Chase in New York, over their servicing and foreclosure practices.

A person familiar with the matter said last month that banks want liability releases that cover other areas of their mortgage operations besides servicing, including the bundling of loans into securities.

Dan Frahm, a spokesman for Bank of America, said the bank shares Masto?s goal of helping homeowners.

?Bank of America has been a cooperative partner with the attorney general, and has worked with state leaders to evolve programs and resources to broaden assistance to distressed customers,?? he said in a statement.

Tom Kelly, a JPMorgan spokesman, declined to comment.

Masto joined New York, Delaware, and Massachusetts in resisting broad releases for the banks in any settlement. Those states are conducting their own investigations into mortgage practices of banks.

Attorney General Martha Coakley of Massachusetts said in a letter last month that she will not sign on to an agreement if it includes ?a comprehensive liability release?? for mortgage securitization or conduct related to a mortgage database called MERS.

State attorneys general and federal agencies, including the Justice Department, have not reached an agreement with the banks about the releases, said Geoff Greenwood, a spokesman for Attorney General Tom Miller of Iowa, who is leading negotiations for the states in the nationwide probe. Greenwood declined to comment about how individual state investigations may be affected.

?We?re working with state attorney generals, our federal partners, and the banks on resolving the liability issue,?? he said.

Masto said her office is conducting inquiries into various areas of mortgage fraud. She declined to provide details or say which companies are under investigation. The office has a civil investigation into mortgage securitization, she said.

In its lawsuit against Bank of America, the state accused the bank of misleading homeowners about modifying their mortgage loans to reduce their payments. The case was filed in December in state court in Las Vegas and moved to federal court in Reno.

Nevada claimed that the bank violated the state?s deceptive trade practices act by misleading consumers with false assurances that their homes would not be foreclosed on while requests for modifications were pending, inaccurate and deceptive reasons for denying modifications, and false promises that modifications would be made permanent if homeowners successfully completed trial modification periods.

Masto said she wants to continue to investigate her claims and pursue the lawsuit.

?At the end of the day, whether we?ll be part of it or not will be based on what?s in the best interests of the people here in Nevada,?? she said about a nationwide settlement over foreclosure practices.

Like Masto, Eric Schneiderman, New York attorney general, and Beau Biden, Delaware attorney general, are investigating mortgage securitization. Biden said in an interview last month that he has strong reservations about a deal that provides releases beyond servicing because servicing is the focus of the nationwide settlement talks.

?I hesitate to release those claims and those potential liabilities mostly because we?re still in the midst of investigating many of the other related issues,?? he said.

� Copyright 2011 Globe Newspaper Company.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHu_eiSPA6dx1QgKx1xhAYa4bCN1A&url=http://www.boston.com/business/articles/2011/08/17/nevada_ag_is_latest_to_balk_at_foreclosure_deal/

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Ky. attorney's testimony wanted in tobacco case - BusinessWeek

A former attorney for the tobacco industry who testified against his employers is at the center of two Canadian lawsuits alleging that tobacco companies hid the dangers of their products.

Attorneys in Montreal want to take the testimony of David A. Schechter, a former Brown & Williamson vice president and general counsel living in Louisville. The attorneys also want testimony from attorney John Meltzer of London, England, a one-time attorney for British American Tobacco, in class-action lawsuits about how tobacco companies kept and destroyed documents. The lawsuits are set for trial in March.

Schechter will be asked about document policies at Brown & Williamson, which was based in Louisville until 2004, said Bruce Johnston, a Montreal-based attorney. Johnston is also seeking testimony about another company, Imperial Tobacco of Canada, which used a similar policy.

"The object of these policies was to destroy documents to prevent their discovery in litigation," Johnston told The Associated Press.

Johnston represents plaintiff Cecilia Letourneau in the cases against Imperial Tobacco, Rothmans, Benson & Hedges and JTI Macdonald Corp. The lawsuits are similar to cases that played out across the United States in recent decades.

The suit is one of two in Montreal against the tobacco companies brought by smokers who claim smoking-related illnesses from tobacco and that the firms conspired to stop smokers from learning about the addictive nature and dangers of tobacco products.

Schechter did not return several messages from AP. Messages left at Imperial Tobacco and Rothmans, Benson & Hedges also were not returned.

Caroline Evans, a spokeswoman for JTI Macdonald, declined to address Schechter's possible testimony.

"We are looking forward to presenting our case in court," Evans said in an email.

Canadian Judge Brian Riordan, at the behest of Johnston and other plaintiffs' attorneys, sent a request Aug. 3 to U.S. District Court in Louisville for a subpoena for Schechter's testimony. A similar request has been made of the British courts for Meltzer's testimony.

The request asks that the American court system help locate and make Schechter available for questioning, with his testimony to be recorded and admitted at trial in Canada.

Schechter surfaced in the Canadian case because he testified in 2006 that tobacco companies created document retention and destruction policies in the 1990s aimed at getting rid of anything that could be used against them in a lawsuit.

"Keeping the documents out of the hands of Canadian litigants is one possibility," Schechter testified. "... Well, the other purpose would have been to keep them out of the hands of the Canadian government, which is more likely."

Johnston said Schechter's testimony about the document destruction is a key to his case.

"That's really what we're after," Johnston said.


Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNFy1X3Gm94G2p3aKAgmIbQ9MQSeqw&url=http://www.businessweek.com/ap/financialnews/D9P5CSPG0.htm

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Sabado, Agosto 20, 2011

G1 winner Rahy's Attorney retired - ESPN

Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Rahy's Attorney, best known for his upset win in the 2008 Woodbine Mile, has been retired from racing with a career record of 14-10-4 from 41 starts.

The gelding, who was pulled up and vanned off following a runner up effort in the Aug. 13 Sword Dancer at Saratoga, sustained a minor leg injury, but is expected to make a full recovery, according to trainer Ian Black. "Turning down the backside, (jockey) Emma-Jayne (Wilson) said he took a funny step, so she pulled him up and called for the horse ambulance," said Black. "He seemed to cool out fine, and the longer he walked, the better he seemed to get." The next morning, after being examined by a veterinarian, Rahy's Attorney was cleared to be shipped to Woodbine. Black didn't discover the filling in gelding's left pastern until the morning of Aug. 15. "The vet decided to ultrasound it and there was a lesion in his digital tendon," said Black. "With a young horse, if you give them time off, they'll probably come back. But as good as Rahy's Attorney has been to everybody, and the fact he's almost 8, no one wanted to bring him back and have something worse happen to him." The 7-year-old gelding by Crown Attorney was bred in Ontario by Joe and Ellen MacLellan's Ellie Boje Farms and was campaigned by that operation in partnership with Joe's mother Jean MacLellan, Mitch Peters, and Dean Read. "Apart from the Woodbine Mile, the Sword Dancer was one of the bravest, best races (Rahy's Attorney) had ever run," said trainer Ian Black. "It looked as though they were getting to him and going to pass him, but he just said, 'No.' That's the type of horse he is." Rahy's Attorney ended his career with earnings of $2,120,208, and was named the Canadian male turf champion in 2008. He also counts the 2008 Connaught Cup, and 2009 Nijinsky and King Edward Handicap among his victories. He set the 1 1/8-mile Woodbine course record in the King Edward, running the distance in 1:44.73. "What I'll always associate him with is his complete and utter consistency and honesty," said Black. "He's such a pleasure." Black said Rahy's Attorney, who won two of his six starts this year, including the March 26 Pan American at Gulfstream Park, would recover at Ellie Boje near Ottowa, Canada, after which he may become a track pony. "He would make a lovely pony," said Black. "He loves to go out on the racetrack and stand and watch. Even when he was training, he'd stand there forever if you'd let him before he galloped. So there is a possibility we could do something like that with him, because he does love the racetrack life."
Updated: August 16, 2011, 5:22 PM ET
By Staff
Bloodhorse

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNHKC4w_g2EGXdYm9tgbAS2KLU9Qpw&url=http://espn.go.com/horse-racing/story/_/id/6868192/grade-1-winner-rahy-attorney-retired

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City will hire investigator into homeless death - The Associated Press

City will hire investigator into homeless death

FULLERTON, Calif. (AP) ? City officials approved Tuesday the hiring of an attorney to investigate the death of a mentally ill homeless man after a confrontation with police that has outraged many in this suburban community.

The Fullerton City Council agreed to sign two contracts with Michael Gennaco to probe the death of 37-year-old Kelly Thomas and review the police department's policies and procedures. Gennaco specializes in examining law enforcement agencies and is chief attorney for the Los Angeles County Office of Independent Review, a civilian oversight body that monitors that county's sheriff's department.

Councilman Bruce Whitaker voted against awarding Gennaco a contract to probe Thomas' death, noting that he may not be able to start the independent investigation until ongoing probes by the FBI and the Orange County District Attorney's office are completed.

The council's move comes on the same day Acting Police Chief Kevin Hamilton ordered an internal affairs review of the arrest of a man in October who was later acquitted of misdemeanor attacking an officer and resisting arrest.

The attorney for Veth Mam told City News Service that his client saw a friend being arrested by Fullerton police and took out his cell phone to record what he thought were officers using excessive force. David Borsari said an officer knocked the camera out of Mam's hand and another man picked it up and continued recording.

Borsari said the video contradicted an officer's testimony about what happened and led to his client's acquittal on July 7.

Sgt. Andrew Goodrich, a spokesman for the police department, said Hamilton ordered the review based on information that was brought to Hamilton's attention over the last week.

Meanwhile, the community uproar over Thomas' death continues to grow as the six officers involved in the clash are put on paid administrative leave.

At Tuesday night's meeting, numerous residents berated council members for what they called inadequate response to the bloody encounter.

Thomas' father, Ron Thomas, lashed out at Mayor Pro Tem Don Bankhead and demanded a private meeting so he can shift his focus away from the council and on to the criminal probe. Bankhead agreed to meet with him.

Police said Thomas ran when officers tried to search his bag while investigating a report of vehicle break-ins, and they struggled to arrest him on suspicion of possession of stolen goods.

Video from a bystander's cell phone taken from a distance showed parts of the confrontation, including a snippet in which he can be heard screaming for his father. Surveillance video aboard a bus showed agitated passengers saying officers beat and repeatedly used a stun gun on him.

Thomas was hospitalized after the July 5 confrontation. He suffered severe head and neck injuries and was taken off life support several days later.

An autopsy initially failed to determine the cause of death pending further tests.

Source: http://news.google.com/news/url?sa=t&fd=R&usg=AFQjCNFjD-7e1QlsYkKSxaKVVS7LDo3cSA&url=http://www.google.com/hostednews/ap/article/ALeqM5jT554rInybgPyn0hVNs8_1X1ocgA?docId=b30e3c5106cb41e39fd7bac49fc544d1

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Biyernes, Agosto 19, 2011

http://goo.gl/psNdT

Source: http://goo.gl/psNdT

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Attorney general tackles scrap-metal thefts from homes in Brockton visit - Patriot Ledger

Attorney General Martha Coakley used an abandoned Brockton home, stripped of its water main, gas line and other copper plumbing, to illustrate the need for statewide regulation of scrap metal sales.

Without any specialized tools, vandals had broken into and removed about $5,000 worth of copper pipes from the triple-decker home on Lexington Street, built in 1900.

Pipes in the basement leading to the furnace and water heater were snipped, including the gas line, which could have led to a fire if the gas to the home had not been shut off.

?It?s a threat to public safety,? said state Sen. James E. Timilty, D-Walpole, who along with a cadre of local officials toured the house with Coakley on Tuesday.

Neighborhood Housing Services of the South Shore is in the middle of rehabilitating the home through a federal Neighborhood Stabilization Program grant.

Brockton Redevelopment Authority officials said that 90 percent of the homes in Brockton that are abandoned for six to 12 months have the copper plumbing stolen from them.

With the number of foreclosed and abandoned properties at historic highs due to the mortgage crisis, the issue of illegal metal stripping takes on new significance.

Timilty said the stripped metal probably fetched only $100 or $150 at a scrap dealer, but will probably make the scrap dealer much more when it?s resold.

?If the market wasn?t taking it, they wouldn?t be in here stealing it,? Timilty said.

The legislation he and Coakley are pushing would create a Secondary Metals Computer Registry, which would provide law enforcement officials with records of what scrap metal was being sold in the state and who was on each side of the transaction.

It would also create a state Abandoned Property Registry, a two-year pilot program to catalog all the foreclosed, abandoned and vacant properties in Massachusetts.

Concerns at the local level are that abandoned properties drive down surrounding home values and cause neighborhood blight.

Fixing them up after a period of vacancy is hard enough, but the cost can be prohibitive if it has been vandalized.

?It makes people think twice about whether they want to do it or not,? said Mayor Linda Balzotti, who also went on the tour.

?This is one little piece of what we need (to do) to get out of this recession,? Coakley said.

Erik Potter may be reached at epotter@enterprisenews.com.

READ MORE about this issue.

Source: http://www.patriotledger.com/news/cops_and_courts/x633534742/Attorney-general-tackles-scrap-metal-thefts-from-homes-in-Brockton-visit

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Huwebes, Agosto 18, 2011

http://goo.gl/bK24Z

Source: http://goo.gl/bK24Z

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Power of attorney took load off senior - Winnipeg Free Press

Winnipeg Free Press - PRINT EDITION

When is it time to take over financial affairs for a loved one?

Bill asked his two nephews whether they would be willing to take over his financial affairs if he became too old or infirm to handle it himself. The two nephews said "yes."

Bill's lawyer prepared an enduring power of attorney and Bill signed it. An enduring power of attorney is a document that gives someone else the power to handle your finances and extends that power beyond the date on which you lose capacity. Generally, a power of attorney kicks into effect on the day you sign it. It remains in effect until you die. You can revoke it if you change your mind but only if you still have your marbles on the date you try.

Bill did not need help right away. He was perfectly able to handle his own finances and planned to do so for as long as he could.

No one thought much more about it until Bill started to fail. He could not remember things as well as he used to. It got worse. He was 90 years old. The problem was plain, old-fashioned senility.

People started to notice. The nephews started to notice, too. Questions started to pop up, and the questions made them worry.

When was it time to take over Bill's affairs? Neither of the nephews was a doctor. Neither had a crystal ball. How would they know when the magic moment arrived? A banker shared his wisdom with them: "Don't worry; when the moment arrives, you'll know." They did, too. As a general rule, there is a moment of realization -- a moment where some risk flashes into sight. It could be burnt cooking pots or a day when the person wanders lost. When the moment came, the nephews spent some time with Bill. They talked to other family and friends around him. They concluded Bill was at risk if they left things alone. It was time.

What was the first step? The first thing they needed to do was ask Bill. That would not have been true if he had suffered a massive stroke and the doctors at the hospital said it was necessary to step in. Bill still lived in his condo. A person is presumed competent until declared incompetent by a judge or through a medical process mandated by statute. So they asked Bill. He said "yes." It turned out he was glad for the help. He knew he was failing. An arrangement was struck. The nephews stepped in on the understanding they would take over the chequebook and credit cards but were going to consult Bill along the way. He would continue to participate in his own affairs to the extent he was able.

What were the mechanics of taking over? The nephews had Bill sign a letter stating he had asked his nephews to start acting under the power of attorney and telling everyone they could take financial instructions directly from the boys. The nephews attached the letter to the back of the power-of-attorney document and had a lawyer make a dozen "notarial copies" of the power of attorney and attached letter. They then gave one notarial copy to each bank where Bill did business. As people asked, the nephews provided them with notarial copies. One was attached to the tax return they filed for Bill.

When Bill reached a point where he was clearly past it, his doctor started a process to have him declared incompetent. When that happened, the nephews started a formal set of books for Bill and took outright control of his assets for safekeeping. Eventually, Bill passed away. The nephews handed everything over to his executors.

Bill's story is real. Names and details have been changed to protect his privacy.

Every situation is different. Some people are stricken suddenly. Some fight the very people who are trying to help them. Some are vulnerable to predators along the way unless they are protected. If you have accepted the role of attorney, remember it is a position of trust and responsibility. You have to do a good job. Get good professional advice along the way.

John E.S. Poyser is a lawyer with the Wealth and Estate Law Group. Contact him at 947-6801 or jpoyser@inksterchristie.ca.

Republished from the Winnipeg Free Press print edition August 17, 2011 B5

Source: http://www.winnipegfreepress.com/s?action=editReg&rurl=http://www.winnipegfreepress.com/opinion/columnists/power-of-attorney-took-load-off-senior-127922883.html

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