Get Some Go Again

Marriage is about team work. Like raising a child. Or holding down an intruder while your spouse stabs them.

As her husband fought with an trespasser, the woman grabbed a knife and stabbed the stranger to death, said sheriff investigators.  The corpse apparently was the same man who robbed the woman in the North Bend, WA home Sunday, just 12 hours earlier!  The couple's baby daughter and the wife's mother were also in the home about 1:40 a.m. this morning when the couple were awakened by barking dogs.

The intruder entered the house through an unlocked door Sunday and assaulted the wife, getting away with some cash. She didn't get a good look at him because her hair was grabbed from behind, slapped and punched in the face, and suffered an ankle injury when she was dragged by her hair.  I'm going to guess that she was thrilled to have a second shot at her assailant with less disadvantage.

Investigators don't believe the residents know the intruder and there's nothing to indicate why the house was attacked, let alone twice.  But let that be a warning to would-be robbers and thieves - returning to the scene of the crime can exacerbate any preexisting conditions, like say, knife allergies.

Stoned Bowl

News flash to the University of Oregon football players who came forward in the recent ESPN article to share the news of their pot use - get ready for increased drug testing next year and in the NFL.

Yes, it's not so much news as it is newsworthy, since you rarely hear marijuana in conjunction with athletics other than when there's a mugshot involved, but college students smoke weed, which include the players on the team.   And they admit it.  An NCAA study released in January had 22.6% of athletes hitting it, which is up almost a point and a half for the last study in 2005.  College football players ranked highest (pun intended) among major sports with more than a quarter smoking their eighths. The article sourced 19 current and former Oregon players and officials who chronic-led the last 15 years of smoking. Former Ducks player and current pros estimated that 40-60% of the squad lit it up, and current Ducks concur on that figure.

Even though we all knew what was going on, it is a major revelation to see it so candidly confirmed. I mean, it is Oregon and not, say, BYU, so we can't be too shocked, but as marijuana becomes more commonplace - and more legal, it could just be a matter of time before this is a small footnote. And I've always been impressed with athletes being able to perform well and still have drugs in their system that are not performance enhancing. So if you can toke a little and still play to your potential, where's the downside?

Quite The Looker

I admit, you had me at "Oregon Woman Receives Prosthetic Face After Shotgun Trauma", and while you can read all about the whole, touching procedure at The Oregonian, I found something very wrong with this tale.

Back in 1999, an accidental shotgun blast totally wrecked 16-year-old Chrissy Steltz's face. Her then-boyfriend unintentionally shot her in the face at a party (and how many times have we heard that one), destroying her nose and leaving her blind. After Steltz's son was born last year, she decided to receive a facial prosthesis so her "little boy can grow up looking at a regular mom." More than a decade later, Steltz was fitted for the custom prosthetic face that allows her to go out in public without wearing her usual cloth facial mask.

In addition to building the prosthesis, which took four days to mold, Steltz had to first undergo surgery that would allow her to hold the new face in place. She underwent four surgeries to prepare her face for the prosthesis. Last September, a nasal opening was cut where she had none. And in February, eight screwlike implants were drilled into bones above and below her eye sockets, allowing the prosthesis to snap into place and held by tiny magnets.

Did you catch it? Yeah, "After Steltz's son was born last year, she decided to receive a facial prosthesis so her 'little boy can grow up looking at a regular mom'. " That means that somebody - consciously and deliberately - made the decision to fuck Chrissy Steltz. That lucky fella happens to be blind, because, well...I'm not going to spell it out for you, but that's the lucky part. I'm sure they're both decent folk, and they've overcome their share of difficulties, but if I was blind - no, blind and living in Oregon - even then would I not reduce myself to banging a faceless woman. Not even if she was built like Kelly Brook.

Buzzed By The Fuzz

A federal appeals court says three Seattle police officers did not employ excessive force when they repeatedly tasered a visibly pregnant woman for refusing to sign a speeding ticket. They were nearly outnumbered - what else could they do?

The lawyer representing Malaika Brooks said Monday that the court’s 2-1 decision sanctioned “pain compliance” tactics through a modern-day version of the cattle prod. And Malaika ain't no cattle. “To inflict pain on a person if that person is not doing what the police want that person to do is simply outrageous,” said the woman’s attorney, who planned to ask the 9th U.S. Circuit Court of Appeals to rehear Friday’s 2-1 decision that drew a sharp dissent from Judge Marsha Berzon:

“Refusing to sign a speeding ticket was at the time a nonarrestable misdemeanor; now, in Washington, it is not even that. Brooks had no weapons and had not harmed or threatened to harm a soul,” Berzon wrote. “Although she had told the officers she was seven months pregnant, they proceeded to use a Taser on her, not once but three times, causing her to scream with pain and leaving burn marks and permanent scars.”

The majority noted that the M26 Taser was set in “stun mode” and did not cause as much pain as when set on “dart mode.” The majority noted that the circuit’s recent and leading decision on the issue concerned excessive force in the context of a Taser being set on Dart mode, which causes “neuro-muscular incapacitation.” Stun mode, the court noted, didn’t rise to the level of excessive force because it imposes “temporary, localized pain only.”

The majority reversed a lower court judge who said the woman’s rights were violated. The lower court’s failure to distinguish between the two levels of pain modes “led the court to err in finding excessive force.”

The woman was driving her 12-year-old to the African American Academy in Seattle when she was pulled over on suspicion of speeding in 2004. The child left the car for school and a verbal spat with the police resulted in the woman receiving three, 50,000-volt shocks, first to her thigh, then shoulder and neck while she was in her vehicle. An officer was holding Brooks’ arm behind Brooks’ back while she was being shocked.

Brooks gave the officer her driver’s license, but Brooks refused to sign the ticket — believing it was akin to signing a confession. She was ultimately arrested for refusing to sign and to comply with officers asking her to exit the vehicle.

“A suspect who repeatedly refuses to comply with instructions or leave her car escalates the risk involved for officers unable to predict what type of noncompliance might come next,” Judge Cynthia Holcomb Hall wrote for the majority. She was joined by Judge Diarmuid F. O’Scannlain. “Therefore, while using the Taser three times makes this a closer case, we find that it does not show excessive force in light of the corresponding escalation of Brooks’ resistance and the fact that it was the third tasing that appeared to dislodge her such that the officers could finally extract her from her car and gain control over her”.

Excessive? Ask her kid with electro-static brain damage as a result.

Cell Block the Vote

In a decision that could give momentum to other efforts to expand voting to inmates, a federal appeals court ruled that incarcerated felons should be allowed to vote in Washington state. Because if you're a murderous rape-happy arsonist, your vote should count.

Currently only Maine and Vermont allow those behind bars to cast ballots, and it is imperative that the same people who are incarcerated for aggravated assault and robbery lend their important opinion to who leads the country, and determine how tax dollars they're not contributing get spent.

The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturned the 2000 ruling of a district judge in Spokane., and shows there are a pair of unqualified magistrates on the bench. That district judge had ruled that Washington state's felon disenfranchisement law did not violate the Voting Rights Act of 1965, and dismissed a lawsuit filed by a former prison inmate from Bellevue.

The two appellate judges ruled that disparities in the state's justice system "cannot be explained in race-neutral ways," which means they made their decision based on the fact that they took race into consideration. We'll come back to that in a second.

While the ruling only currently covers Washington state, if it stands, it could be the basis for litigation in any area covered by the 9th Circuit — Oregon, Idaho, Montana, California (which is why I care), Nevada, Arizona, Alaska, Hawaii, Guam and the Northern Marianas (which is why you should care). The state Attorney General is weighing the state's next step - they could either ask a larger group of judges from the 9th Circuit to reconsider the ruling or go straight to the U.S. Supreme Court. If appealed, it's likely that the state would seek a stay on inmate's ability to vote until the case is resolved.

Of the more than 18,000 felons currently in state custody who could get their right to vote back under this ruling, 37.1% are minorities. Of that group, blacks make up the largest percentage, at 19.2%. In favor of this is Marc Mauer, executive director of The Sentencing Project, who says the issues the ruling raises about racial bias in the justice system are not unique to Washington state. "They are issues that permeate the justice system and are relevant in every state," he said, adding that an estimated 5.3 million people nationwide are ineligible to vote because of a felony conviction.

So exactly how does this have any racial bias if more than 60% of the people are not minorities? I don't give a fuck who has a felony, and making - or taking exception to the population of disenfranchised felons based on race is as relevant as complaining that jail is scary and not fun. I hate to see conservative think tanks fall on the same side as me, but I have to agree with Trent England, a policy director at Evergreen Freedom Foundation in Washington state. "Not only is felon disenfranchisement constitutional but it's good policy. People who commit the most heinous crimes should be deprived of their voice in our system of government at least for a time." Yes, you don't get to shape and determine law if you can't abide by them.

The mess stems from a lawsuit was filed by Muhammad Shabazz Farrakhan (makes sense now), who was serving a three-year sentence for a series of felony-theft convictions when he sued the state in 1996. Ultimately, five other inmates, all members of racial minority groups, joined as plaintiffs. The lawsuit contended that because nonwhites make up a large percentage of the prison population, a state law prohibiting inmates and parolees from voting is illegal because it dilutes the electoral clout of minorities. That was a violation of the U.S. Voting Rights Act of 1965, the lawsuit said.

The state contended that the lawsuit should be dismissed because the law was not intended to discriminate against minorities. And based on the figures, clearly doesn't - even though it is a totally irrelevant connection they're trying to make. It would be the same as women under 21 claiming sexual discrimination against them in the alcohol laws - even though their gender is an indirect subset of the effected populous, and the provisions of the law has no specificity at all to gender.

And you thought all bad policy came out of the eastern Washington...

Fail Like You Mean It

Sorry Scarlett, but Wisconsin's new state slogan is already inspiring something...and it's not exactly unanimous praise.

Gov. Jim Doyle said Mothe state will use "Live Like You Mean It" to promote Wisconsin as a tourism and business destination, replacing the slogan "Life's So Good." I don't think that's what the advertising and creative types call "an improvement". Yes, that is a technical term. Additionally, motivational speakers, authors and even spirit maker Bacardi have already used the phrase in marketing campaigns.

Critics who aren't thrilled the state is adopting their slogan may oppose its attempt to get federal trademark protections on it or even take legal action. "They are not going to get a federal trademark. I just wanted to let them know that," said Ellyn Luros-Elson, with all the power of a dietitian who co-authored a 2006 book by that name. "It doesn't make sense the state is going to use something they know has already been put out there."

The state's brand manager, Sarah Klavas, said the Department of Tourism thoroughly vetted the phrase before introducing it and is confident there will be no trademark infringement. She said the state applied for a trademark with the U.S. Trademark and Patent Office and is awaiting approval. A legal review, which included hiring an outside firm, turned up no problems and she noted that multiple entities can use the same phrase as long as they are promoting different items. The Department of Tourism plans to use the new phrase in advertising campaigns and is encouraging other state agencies to follow suit.

"This is another tool we'll use to keep loyal visitors coming back, communicate why a business should relocate or expand here, and let talented employees know why they should choose Wisconsin," Doyle said. Because clearly all of those just scream "Live like you mean it"! Coming up with the slogan and accompanying logo — which shows a silhouetted figure doing a cartwheel across letters spelling out Wisconsin — wasted cost $50,000. The money came from the department's annual $10 million marketing budget, which shows that they could have used some of that other $9,950,000 to improve that shitty slogan.

A University of Wisconsin-Madison law professor (naturally) said they doubt the state would have legal problems. As long as there is no risk that consumers will confuse the state's marketing with someone else's, the likelihood of problems is low. Given the term's widespread use, another UW-Madison professor was surprised the state was seeking trademark protection, since a quick web search revealed broad use in the public domain.

At least five trademarks covering the term's use are active, according to a U.S. Trademark and Patent Office database. Companies are using the term to promote real estate, clothing, and other merchandise; one headed by retired NFL great Bill "I ended the career of a teammate by punching him so hard in the face from my 'roid rage that it crushed his orbital bone" Romanowski deploys it to market dietary supplements and energy bars. Bacardi dropped the trademark in 2008 after using the term in its print, television and in-store advertising for years. The company has no plans to bring back the slogan, which is far more fitting a boozy night with sluts than an entire land mass, and does not oppose Wisconsin's use.

Others who use the term say it's premature to talk about potential legal action but aren't ruling it out. A lawyer in Kentucky registered the phrase as a trademark in 2007 for a local real estate developer who sells condominiums and student housing, and would "absolutely" be reviewing the state's plans. That's also the position of a personal development trainer from the New England area who uses the term as the title of her program, and palns to release an audio CD and a book using the slogan.

Here are some of the new proposed mottos for other states

California: "Close To Becoming The New Mexico, But We're Not Yet"

New York: "You Better ♥ NY As Much As Us Or We'll Be Even More Obnoxious If You Don't"

Texas: "Homophobes On The Range"

Oregon: "When Northern California Isn't Goofy Enough"

Arkansas: "Yokel's Paradise"

West Virgina: "Almost Fully Paved City Roads And Indoor Plumbing"

Florida: "America's Asshole"

Delware: "Really, We're A State"

Nebraska: "Bleak All Week"

Maine: "Oregon Of The Northeast"

Ohio: "Goodbye-O!"

New Mexico: "Don't Confuse Us With California"

Supercop

A video showing a King County Sheriff's deputy pummeling a 15-year-old girl in a holding cell was released prior to the weekend over the strenuous objections of the officer's attorney. Here's the terrific tale:

The case goes beyond police misconduct, County Prosecutor Dan Satterberg said in a prepared statement. "It's about criminal misconduct. And that's why he needs to be prosecuted," he said.

The video of the Nov. 29 incident was disclosed Friday, one day after Deputy Paul Schene, 31, pleaded not guilty to misdemeanor assault in King County District Court. Schene, an eight-year veteran, works out of Precinct 4, which covers SeaTac, Burien and high crime areas in White Center and Skyway.

He is the third sheriff's deputy since 2006 to face charges on allegations of excessive force. All three are from the Burien precinct. A detective assigned to the girl's case discovered the video Dec. 1 and immediately forwarded it to supervisors.

The Seattle P-I requested a copy of the holding cell video and all reports from the incident under the state's open records law. A judge on Thursday denied a request from Schene's attorney to bar the video from public disclosure. "We take this very seriously and we're very concerned about this," sheriff's Sgt. Jim Laing said Friday. An internal investigation would begin after the criminal case is finished.

The girl was arrested after she was caught in her parents' car, which had been reported stolen from her parents' Tukwila home. Deputy Travis Brunner spotted the car driving without headlights about 3:45 a.m. on 32nd Avenue South in SeaTac and pulled it over. She and another 15-year old girl were arrested and taken to SeaTac City Hall to be fingerprinted before being transported to the youth detention center. The P-I is not naming the girl because she is a minor.

The deputies apparently didn't know until later that the girl, who was in the passenger seat, was related to the car's owner. "We had argued strenuously that the videotape released to the media this morning not be released because it does not tell the whole story of the incident," attorney Anne Bremner said in a statement. "As we argued to the judge, it will inflame public opinion and will severely impact the deputy's right to a fair trial."

The video shows Schene and Brunner as they escorted the girl into the holding cell. Schene had asked her to remove her basketball shoes, and, as she slipped out of her left shoe, she appeared to kick it at Schene. Schene then lunged through the door and kicked her, striking either her stomach or upper thigh area, court documents say. He pushed her against a corner wall before flinging her to the floor by her hair. He then squatted down on her and made "two overhead strikes," although it's unclear where the blows landed.

The detective who reviewed the video said it appeared Schene and Brunner had the girl under control when Schene struck her. Schene, who is 6 feet 2 and weighs 195 pounds, did not explain his action to investigators, court documents say. He and the girl exchanged words. Brunner said she was "real lippy" after being informed she was under arrest and called them "fat pigs."

The Sheriff's Office policy manual says deputies should use physical or deadly force only when "necessary to effect an arrest, to defend themselves or others from violence, or to otherwise accomplish police duties according to law."

Schene could face up to a year in jail if convicted. He has been on administrative leave since early December. The girl said that she couldn't breathe after the incident, prompting the deputies to call paramedics. Paramedics decided that she didn't require hospitalization. Felony charges require proof of serious injury. "If the matter were to go to trial, he could face additional charges," said Ian Goodhew, deputy chief of staff in the Prosecutor's Office.

In his own report from the incident, Schene wrote that the shoe hit him in the right shin, "causing injury and pain." He wrote that he "placed" her into handcuffs and that she needed medical attention for a "panic attack." He said a "blood filled pocket" formed on his shin, requiring treatment at Auburn General Hospital, according to his report. The video, however, appears to show his shin strike a metal toilet as he pushes the girl against the wall. The girl told investigators that she didn't intend for the shoe to hit him, court documents say.

Schene had previously been in the news in 2006 after he fatally shot Pedro Jo, a mentally ill man, during a struggle after a traffic stop on Interstate 5. It was the second officer-involved shooting of his career. An inquest jury ruled the shooting was justified. Jo viciously attacked Schene, trying to strangle him with his own radio cord. Jo then ran back to his car and disobeyed Schene's orders to stop. Schene said he saw Jo reach for something in the seat, so Schene fired 11 times after Jo ran back to his car. Shortly after the shooting while on administrative leave, Schene was stopped for driving under the influence. He had been drinking and taking prescription medication, according to court records. He received a deferred sentence and was placed on probation, records show.

Schene works in an urban precinct with higher rates of violent crime and gang activity than other precincts. Officers assigned there more often report having to use physical force in arrest situations, Laing said. Schene is the second officer from the precinct in three months to face charges. In addition, a third deputy, Brian Bonnar, was acquitted in January of civil rights violations during a trial in U.S. District Court. Bonnar, who patrolled in the precinct, was accused by other deputies of using excessive force on a woman who'd been restrained after a high-speed pursuit.

Legal costs for Bonnar's private attorneys, David Allen and Todd Maybrown, as well as lawyer costs for other deputies involved, cost the county's insurer $315,000, according to records the P-I obtained. In December, Deputy Don Griffee was charged with misdemeanor assault for allegedly punching a handcuffed male suspect. The state Attorney General's Office is prosecuting the case.