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Sunday, July 31, 2011

FRANCE PARALYZED BY PROTESTING BIKERS

OFF THE WIRE
Despite pouring rain, nearly 100,000 angry motorcyclists brought every major city in France to a standstill in protest of unfair proposals including requiring every rider to wear a fluorescent yellow high visibility vest, banning traffic filtering (lane splitting), and increasing the size of motorcycle registration plates.

Organized by the Federation Francaise des Motards en Colere (FFMC – French Federation of Angry Bikers) through its highly efficient network of regional and local offices, Paris alone saw more than 15,000 bikers blocking the heart of the capital, with thousands more paralyzing dozens of cities across the country for hours with demonstrations against the French government and interior minister Claude Guéant for their anti-motorcycle policies and proposals.

“Bikers in France are just fed up with Guéant’s stupid proposals and his ’I can’t see you, I can’t hear you’ attitude, to the extent that almost 100,000 of them have today stood up against their government and paralyzed the whole nation,” reported www.ukfrancebikers.com.

In response to the largest motorcycle protest in France’s history, road safety director Michèle Merli said on national radio that bikers misunderstood the proposed obligation to wear a high visibility vest but would rather propose to riders that they wear a little yellow strap around their arm so that they can be better seen by motorists.

UK France bikers.com says they believe that “it is not the bikers who have misunderstood the latest government’s proposals but rather the French government who continue to severely misunderstand and under-estimate the safety of riders.”

Judges clear air in dispute over toilet paper design

OFF THE WIRE
By
msnbc.com contributor
Appeals court brings an end to litigation between industry leaders
Raise your hand if you can describe, from memory, the design on your toilet paper. Anyone?
Among those in the $4 billion industry, toilet-paper design is a big deal. Enough of an issue that a court battle between two toilet-paper titans ended up involving  top-notch intellectual property lawyers, the deposition of more than a dozen witnesses and some 675,000 pages of documents.
The story starts in the early 1990s, when Georgia-Pacific Co. rebranded its toilet paper as Quilted Northern, with an embossed design that made it look, well, quilt-like. (YouTube has a Quilted Northern TV adfrom 2003.) The company received several trademarks, copyrights and patents for its flush of brilliance.
In 2008, the company discovered that one of its main competitors, Kimberly-Clark Corp., had redesigned its Cottonelle Ultra and Scott Kimberly-Clark Professional with a quilted design.
"Georgia-Pacific unrolled this suit against Kimberly-Clark, alleging unfair competition and trademark infringement," wrote Judge Terence Evans of the 7th Circuit Court of Appeals, who was not above a few puns in his 17-page decision.
While the arguments involved such qualities as puffiness, bulk, absorption and “nesting,” the tissue issue came down to functionality. The court ruledthat Georgia-Pacific’s Quilted Diamond Design is functional and therefore cannot be trademarked.
Maybe the lawyers who lost the case can dab their tears away – with a quilted toilet paper of their choice.

Selling Sex on Craigslist


OFF THE WIRE

Everyday, millions of people log onto Craigslist, looking for everything from apartments and jobs, to jewelry and cars. But now, there is a growing number of people logging on for sex.
FOX6 went undercover with the San Diego Police Vice Unit to get an inside look as they target these online prostitutes and their "cyberpimps."
On that night, the eight detectives were at a downtown hotel. The set-up there was realistic. There were clothes in the closet, a toothbrush in the bathroom, and beer on the table. One thing out of place, and the operation would be blown.
"They call the hotel to make sure the name we've given them over the phone is the same name that the room is registered to," explains Vice Sgt. Lynda Oberlies. "They'll check doors, they'll pick up pillows and mattresses. They check everywhere."
Hidden in that room is a highly-sensitive voice recorder. It allows detectives in the room next door to listen to everything said between the alleged prostitute and the cop posing as a John.
Once money is exchanged, and sex is offered, the woman is handcuffed and placed under arrest for prostitution.
A 28-year old woman arrested in the sting told detectives she was selling her body to pay for cosmetology school.
A 22-year old woman who was also arrested told FOX6 she learned how to sell her body from her family.
"I had a lot of friends and family that were out there, stripping and things like that. Some had pimps, and had nice things. And I was trying to get nice things, too."
But those "nice things" come at a price.
"We hear men have held guns to their heads, they've choked them, and they've tied them up and left them," said Oberlies.
Detectives say most women selling themselves on Craigslist have "cyberpimps."
"Primarily, everyone we've had contact with, there is somebody in the background," said Oberlies. "They pretty much receive 100 percent of the profit."
Both women arrested at the sting denied having pimps, and they both received misdemeanor citations. They were allowed to walk out of the hotel that night.
Vice says many of these women often begin posting again on Craigslist the very next day. Detectives say that is what makes Craigslist so popular for online prostitution. It is free, anyone can post, and there is very little regulation. In fact, they say the postings are protected by the First Amendment.

OCEANSIDE: City closes marijuana dispensary in continuing crackdown

OFF THE WIRE
By RAY HUARD rhuard@nctimes.com
OCEANSIDE: City closes marijuana dispensary in continuing crackdown.....

Oceanside officials closed a South Coast Highway medical marijuana dispensary earlier this month in an ongoing crackdown on such businesses.
North County Collective at 913 S. Coast Highway is the latest dispensary to run afoul of a city zoning law that the city adopted in January 2010 to replace a two-year ban on the dispensaries that expired in May.
Collective owner John Scandalios is challenging the city in court, arguing that Oceanside is circumventing state law and the will of the voters.
"I run a very clean ship here," Scandalios said. "It's just not right."
Vista Superior Court Judge Earl Mass issued a temporary restraining order July 14 to close North County Collective for not having a business license, pending a hearing on the city's request for a permanent injunction to close the dispensary for good.
Scandalios said the city won't give him a business license because of the zoning law, which says that businesses that aren't specifically listed aren't permitted.
Marijuana dispensaries aren't on the list.
"There will simply be no more collectives in the city of Oceanside," Scandalios said. "Now my patients are going to need to go about 40 miles from here, they're going to have to go to downtown San Diego or Orange County."
In addition to North County Collective, city lawyers have gone to court to close Green Ocean Collective on El Camino Real, Abaca Medical Collective on South Coast Highway and CKS on Oceanside Boulevard, City Attorney John Mullen said.
In April, lawyers for Abaca filed a class action lawsuit on behalf of its operators and up to 2,500 members seeking damages of up to $25,000 for each member and the collective's operators.
Abaca also is fighting a city request for a permanent injunction to shut it down for good.
Mayor Jim Wood said Tuesday he sees no place for medical marijuana dispensaries in Oceanside.
"I don't think they're working very well, and they're not in the best interests of the community," Wood said. "Some of these draw an interesting crowd that's not in the city's interest."
Wood said he supports marijuana for medical uses, but under strict controls under which "a legitimate doctor prescribes them" and prescriptions are filled at pharmacies, just like other medications.
A former police detective, Wood said he's concerned that people who don't have a medical need for the drug can get it at collectives.
Scandalios and other dispensary operators contend that medical marijuana is allowed under Proposition 215, the Compassionate Use Act passed by voters in 1996.
Oceanside homeowner Lisa Carpenter, who operated a collective in Vista until it was shut down in May, said Wood's perception of dispensary clients is wrong.
"I had one 86-year-old woman, she should not have to go to some sketchy area to get her medicine," said Carpenter.
She is among those working with the San Diego Chapter of Americans for Safe Access to organize a petition drive to put the issue on the ballot for Oceanside voters to decide.
If the drive is successful, Carpenter said she hopes to reopen in Oceanside.
"I look forward to reopening in the city where I'm a taxpayer," she said. "I'm confident that we have the public support to get by the city's roadblocks."
ASA coordinator Eugene Davidovich said the group plans to bypass the City Council and come up with a draft ordinance that voters could approve to allow dispensaries in Oceanside under strict regulations.
"Within the next couple of months, we absolutely plan on filing and circulating a petition that would include strict, reasonable but fair regulations," Davidovich said. "All we're asking for is strict regulations. The city has made it clear that it will not move toward creating regulations."
Wood said he doubts most city residents would support opening the city to marijuana dispensaries. "I don't foresee they're going to have much luck in this region," he said.
Davidovich said North County Collective was a model operation. "They've gone above and beyond," he said.
Among other things, Scandalios said he installed security cameras and hired security guards.
Scandalios said he initially opened his collective in February on Copperwood Way, but had to move when the property owner forced him to leave after city officials told him dispensaries aren't allowed. He said he reopened on South Coast Highway in May.
"The same law, the same tactic, can be used on any business that the city chooses to go after," Scandalios said.

Call staff writer Ray Huard at 760-901-4062.
Read more: http://www.nctimes.com/news/local/oceanside/article_4af09f45-5b29-5443-8aff-a562e941920b.html#ixzz1ThnyOzZK

OCEANSIDE: Judge says dispensary can reopen pending hearing.
Read more: http://www.nctimes.com/news/local/oceanside/article_0af435ad-8950-5b16-b2f6-de43d8031ccb.html#ixzz1ThoAvx00

OCEANSIDE: City's ban on medical marijuana shops headed for court ..

Abaca Medical Collective, a medical marijuana dispensary at 1935 S. Coast Highway in Oceanside, is being sued by the Oceanside city attorney in attempts to shut it down. (Photo by Jamie Scott Lytle - Staff photographer)
Read more: http://www.nctimes.com/news/local/oceanside/article_68c45156-b961-5ef7-bfe1-f7aa9786b859.html#ixzz1ThoiVMTF



Read more: http://www.nctimes.com/news/local/oceanside/article_68c45156-b961-5ef7-bfe1-f7aa9786b859.html#ixzz1ThoUJKQD

Canada - SAINT JOHN - Public safety: About 100 members of Bacchus club are meeting in city

OFF THE WIRE
BY: April Cunningham
 telegraphjournal.canadaeast.com
Public safety will be top of mind for police as they monitor a Bacchus motorcycle club gathering expected to draw around 100 bikers to the city this weekend.
"We'll certainly be around and watching any activities that's untoward," Saint John police chief Bill Reid said Friday. "But past indications are they've been very respectful and respectful of the folks at the inn."
The bikers, from across New Brunswick and beyond, are gathering at the Colonial Inn on City Road in a meeting that runs through Sunday.
The growing Bacchus group, which has a clubhouse on Pitt Street in the south end, has longtime links to the Hells Angels.
Like the Hells Angels, members wear a one per cent symbol, which generally indicates they relate to the one per cent of society who are outlaws.
Gallery Image
Members of the Bacchus motorcycle club are holding a meeting at the Colonial Inn this weekend. Police chief Bill Reid said he's sure they will be talking about things they will not want police to know.

Criminal Intelligence Service Canada considers Bacchus an outlaw motorcycle gang known to be involved in drug trafficking and moving stolen goods. Their main clubhouse is in Osborne Corner, Albert County.
In recent years, the club has absorbed the former Charlotte County Mariners in St. George, as well as the East Coast Riders of Nova Scotia.
While RCMP intelligence officers monitor the club's expanding influence, police in Saint John say its membership has grown as well.
"We've noticed an increase in folks in Saint John with 'one per cent' on their jackets," Deputy Police Chief Bruce Connell said. "We know they've grown in Saint John."
The number of members in the city is still relatively small, but Connell said it has probably doubled in size since it set up shop in Saint John in 2005.
"Generally those types of clubs have criminality to them," Connell said. "For sure we want to know what their intent is in our city."
Members of the Bacchus club could not be reached for comment Friday.
Two men and a woman working on two large motorcycles outside the Pitt Street clubhouse did not want to be interviewed.
One man wore a leather vest with the Bacchus crest, and "1 %" was emblazoned on the shirt sleeve of his black T-shirt.
The club has been receiving extra attention since Fredericton city council bought a strip club for $500,000 in a bid to curb illegal activity.
The Fredericton police had warned council that the North Star Sports Bar Pub and Eatery had become a magnet for Bacchus and Hells Angels members.
At least one Bacchus member, Ron Richard, denied allegations the club has plans to expand in Fredericton in an interview with the Daily Gleaner. He said members just enjoyed going to the pub to party and have a good time.
While the topic of this weekend's meeting is unclear, Saint John's police chief expects members will take the bikes out for a run at some point.
"If there are noise complaints, we'll address them immediately. If there is unruly behaviour, we'll address it immediately," Reid said.
When asked if he was concerned about the potential for organized crime to be discussed behind closed doors, Reid said he's sure they would be talking about a lot of things they wouldn't want police to know.
"The most important thing is public safety," he said.
"Whatever they're doing within the confines of the establishment, the more important thing is the safety of our citizens during their stay here."

Mongols Bike Gang Members Arrested in Tijuana


OFF THE WIRE

TIJUANA, MEXICO - The Baja State Police Bi national Liaison’s office confirmed the arrest of two Mongols Motorcycle Gang members in Tijuana over the weekend.
Peter Soto and Oscar Olivas, who's identities were confirmed by their tattoos and were wanted in the US by the FBI, were captured during a sweep at a house in Tijuana's Southeast La Sierra neighborhood.
Soto is considered by the FBI as one of the Mongols Bike gang leaders.
Both Soto and Olivas were wanted for murder, organized crime, weapons charges, assault, robbery, drug trafficking and other federal offenses in the US; the murder charges stem from the assassination of a Hell's Angels biker, and according to sources these Mongols were plotting to kill another Hell's Angels member who's name was not disclosed.

Killeen, TX - EXCLUSIVE: AWOL Soldier Arrested in Second Alleged Plot to Attack Fort Hood

BY: Mike Levine & Jennifer Griffin
 foxnews.com

OFF THE WIRE



An Army private has been arrested in connection with an alleged plot to attack Fort Hood soldiers that authorities suggest was close to being carried out. The arrest, first reported by Fox News, comes nearly two years after a deadly shooting rampage at the base.
Pfc. Naser Jason Abdo, an AWOL soldier from Fort Campbell in Kentucky, was arrested by the Killeen, Texas, Police Department near Fort Hood and remains in custody at the Killeen jail.
Abdo, 21, was found with weapons, explosives and jihadist materials at the time of his arrest, a senior Army source confirms to Fox News. He was arrested at around 2 p.m. Wednesday after someone called authorities to report a suspicious individual. 
Eric Vasys, a spokesman with the FBI's San Antonio Office, said authorities found firearms and bomb making components inside Abdo's motel room. Sources also say Abdo was attempting to make a purchase at Guns Galore in Killeen, the same ammunition store where Maj. Nidal Hasan purchased weapons that were allegedly used to gun down 13 people and wound 30 others at the base on Nov. 5, 2009.
Sources said Abdo had enough materials to make two bombs, including 18 pounds of sugar and six pounds of smokeless gunpowder -- a possible trigger for an explosive. A pressure cooker was also found. Another counterterrorism source said the bomb making materials and methodology came "straight out of Inspire (a terrorist magazine) and an Al Qaeda explosives course manual."
Killeen Police Chief Dennis Baldwin alluded to the severity of the threat at a news conference Thursday afternoon announcing the arrest.
"We we would probably be here today giving you a different briefing had he not been stopped," Baldwin said, and military personnel appeared to be the target.
ABC News reported, citing law enforcement documents, that the target wasn't the base itself but a nearby restaurant that is popular with personnel from Fort Hood.
Police in Killeen said their break in the case came from Guns Galore LLC -- the same gun store where Maj. Nidal Hasan bought a pistol used in the 2009 attack. Store clerk Greg Ebert said the man arrived by taxi Tuesday and bought 6 pounds of smokeless gunpowder, three boxes of shotgun ammunition and a magazine for a semi-automatic pistol.
Ebert said he called authorities because he and his co-workers "felt uncomfortable with his overall demeanor and the fact he didn't know what the hell he was buying."
According to an Army alert sent via email and obtained by The Associated Press, Killeen police learned from the taxi company that Abdo had been picked up from a local motel and had also visited an Army surplus store where he paid cash for a uniform bearing Fort Hood unit patches.
Bob Jenkins, a Fort Campbell spokesman, told Fox News that Abdo was also being investigated for child pornography found on his government computer.
Abdo went AWOL on July 4. On the eve of his first deployment to Afghanistan -- after only one year in the Army -- Abdo applied for conscientious objector status as a Muslim. It was denied by his superiors at Fort Campbell but later overturned by the Assistant Deputy Secretary of the Army review board.
Another source told Fox News that two other U.S. soldiers have been questioned as part of the investigation.
Abdo's Facebook page, which has since been taken down, showed that he traveled to New York City in September to attend an antiwar vigil and show support for Pfc. Bradley Manning, the alleged source for the classified war documents released by controversial group WikiLeaks.
Vasys said Abdo likely will be charged with being in possession of bomb-making materials. Killeen Chief Baldwin said the case would be referred for federal charges, though a Justice Department official would not confirm that.
In the 2009 shooting case, Maj. Hasan, an Army psychiatrist, was arraigned on July 20 and is currently standing trial. His civilian lawyer withdrew from the case as it began.
Fox News' Maggie Kerkman and The Associated Press contributed to this report.


Read more: http://www.foxnews.com/us/2011/07/28/exclusive-us-military-serviceman-arrested-in-second-alleged-attack-on-ft-hood/#ixzz1TY6rCyy7

Portland, ME - Police, merchants on gang alert after brawl

OFF THE WIRE
BY: Beth Quimby
 pressherald.com
Portland bar owners and other merchants are being asked to ban customers wearing gang colors and other insignia after a fistfight involving two dozen motorcycle gang members on Commercial Street early Saturday evening.


Two men were arrested and two were treated for injuries at local hospitals after the brawl between members of three rival motorcycle gangs broke out shortly after 6 p.m. at Union Wharf and Commercial Street.
Jeffrey Vandermeiren, 43, of South Portland was charged with disorderly conduct and Thomas Glaude, 52, of Waldboro was charged with failing to disperse. Police would not identify which gangs were involved.
Portland police said they have stepped up their patrols, and the Portland Downtown District merchants association has urged business owners to be vigilant in efforts to control gang-related activity.
"To say this type of fighting and injury is bad for our image, especially during the tourist season, is an understatement," Janis Beitzer, executive director of the association, wrote in an email to members Wednesday.
Portland police said there is no reason to expect a return of violence that erupted during an Old Port turf battle between motorcycle gangs eight years ago when then-Police Chief Michael Chitwood announced a crackdown on gang activity in Portland. Since then, motorcycle gang activity there has mostly disappeared.
Lt. Gary Rogers said there were no weapons involved in the Saturday brawl, unlike the fighting eight years ago. He said the fight was unusual because it took place in broad daylight when tourists and families are often present.
"Usually this stuff happens after 11 p.m.," Rogers said.
Acting Police Chief Michael Sauschuck said he is stepping up patrols and taking other precautions to make sure the violence does not return.
Some merchants said the incident was probably isolated. Charles Bryon, owner of the Salt Exchange restaurant on Commercial Street, said he was unaware of any fighting until about a dozen police officers descended on the nearby scene.
He said he is more concerned about panhandlers and inebriated people wandering the streets than about gang violence.
Tanner Herget, owner of the 51 Wharf Restaurant, Ultra Lounge and FortiFem Martini Lounge and chairman of the Old Port's Night Life Oversight Committee, said fighting is rare for Portland's bar scene these days.
He said many bars have dress codes and security at the door. His own bar turns away about one-third of those trying to enter.
"We say casual chic and fashionable radiate good energy," Herget said.
Staff Writer Beth Quimby can be contacted at 791-6363 or at:
bquimby@pressherald.com

CANADA - Police will keep an eye on bikers

OFF THE WIRE
Members of the Bacchus motorcycle club are holding a meeting at the Colonial Inn this weekend. Police chief Bill Reid said he's sure they will be talking about things they will not want police to know.
SAINT JOHN - Public safety will be top of mind for police as they monitor a Bacchus motorcycle club gathering expected to draw around 100 bikers to the city this weekend.
"We'll certainly be around and watching any activities that's untoward," Saint John police chief Bill Reid said Friday. "But past indications are they've been very respectful and respectful of the folks at the inn."
The bikers, from across New Brunswick and beyond, are gathering at the Colonial Inn on City Road in a meeting that runs through Sunday.
The growing Bacchus group, which has a clubhouse on Pitt Street in the south end, has longtime links to the Hells Angels.
Like the Hells Angels, members wear a one per cent symbol, which generally indicates they relate to the one per cent of society who are outlaws.
Criminal Intelligence Service Canada considers Bacchus an outlaw motorcycle gang known to be involved in drug trafficking and moving stolen goods. Their main clubhouse is in Osborne Corner, Albert County.
In recent years, the club has absorbed the former Charlotte County Mariners in St. George, as well as the East Coast Riders of Nova Scotia.
While RCMP intelligence officers monitor the club's expanding influence, police in Saint John say its membership has grown as well.
"We've noticed an increase in folks in Saint John with 'one per cent' on their jackets," Deputy Police Chief Bruce Connell said. "We know they've grown in Saint John."
The number of members in the city is still relatively small, but Connell said it has probably doubled in size since it set up shop in Saint John in 2005.
"Generally those types of clubs have criminality to them," Connell said. "For sure we want to know what their intent is in our city."
Members of the Bacchus club could not be reached for comment Friday.
Two men and a woman working on two large motorcycles outside the Pitt Street clubhouse did not want to be interviewed.
One man wore a leather vest with the Bacchus crest, and "1 %" was emblazoned on the shirt sleeve of his black T-shirt.
The club has been receiving extra attention since Fredericton city council bought a strip club for $500,000 in a bid to curb illegal activity.
The Fredericton police had warned council that the North Star Sports Bar Pub and Eatery had become a magnet for Bacchus and Hells Angels members.
At least one Bacchus member, Ron Richard, denied allegations the club has plans to expand in Fredericton in an interview with the Daily Gleaner. He said members just enjoyed going to the pub to party and have a good time.
While the topic of this weekend's meeting is unclear, Saint John's police chief expects members will take the bikes out for a run at some point.
"If there are noise complaints, we'll address them immediately. If there is unruly behaviour, we'll address it immediately," Reid said.
When asked if he was concerned about the potential for organized crime to be discussed behind closed doors, Reid said he's sure they would be talking about a lot of things they wouldn't want police to know.
"The most important thing is public safety," he said.
"Whatever they're doing within the confines of the establishment, the more important thing is the safety of our citizens during their stay here."
http://telegraphjournal.canadaeast.com/city/article/1427849

Australia - New Boys acquitted over Hindley St brawl



Vincenzo Focarelli (L) Michael Syfris (R)

OFF THE WIRE
BY: Loukas Founten
 abc.net.au

Photo: Acquitted: Vincenzo Focarelli (L) Michael Syfris (R)
Two members of the New Boys street gang have been acquitted of charges over a brawl outside a Hindley Street tattoo parlour in Adelaide.
Vincenzo Focarelli and Michael Jim Syfris were charged with affray over a fight with members of rival Hells Angels members in April last year.
During their trial in Adelaide Magistrates Court, prosecutors produced security vision they said showed Syfris using a chair to hit a man and Focarelli swinging a metal pole at the group.
Focarelli suffered facial injuries, cuts and bruises when he was cornered by about five men who pulled
a pole from his hand and used it to beat him.
The prosecution also alleged the vision showed the accused men and an associate limbering up outside the tattoo parlour before they were approached by members of the Hells Angels.
Focarelli's lawyer, Sam Abbott, argued they were not preparing for a fight but looked like a group of relatively-bored men.
He said they were acting in self-defence in what he described as a "full frontal, all-out attack" on his client.
Magistrate Kym Boxall said after viewing the vision he agreed with Mr Abbott.
"I viewed images of Mr Focarelli and Mr Syfris with an associate being attacked by the overwhelming force of 10 men," he said.
"I can't be confident and make any inference that they knew that they were about to be attacked."
He said the prosecution failed to disprove the men were acting in self-defence so he dismissed the charges.
Syfris hugged Focarelli and slapped him on the back after the verdict.
A hearing next month will determine costs.

Australia - Baby brandishing gun: bikie posts disturbing Facebook snaps


OFF THE WIRE
 Megan Levy
smh.com.au

Facebook toddler holds loaded gun The Keilor Downs man behind a Facebook photo showing a toddler wielding a gun is arrested.

A Melbourne man charged with firearms offences had posted photographs on his Facebook page of a toddler aiming a loaded gun at the camera.
Taskforce Echo detectives last night arrested Adam Moutsopoulos, who has links to an outlaw motorcycle gang, and raided his St Albans home where they allegedly discovered guns and a silencer.
The 29-year-old had allegedly posted a number of photographs on his Facebook page featuring firearms.
One shows a young girl sucking a dummy and holding a gun with two bullets visible in the chamber, while another shows a heavily tattooed man with a gun in the waistband of his pants.
Moutsopoulos has been remanded in custody and will face Melbourne Magistrates Court on August 5.
After a two-month investigation, detectives arrested him in Keilor Downs at 5pm yesterday.
An hour later they executed a search warrant on his St Albans home where they seized a number of weapons.
Moutsopoulos was charged with five firearm offences including being a prohibited person in possession of an unregistered firearm, possessing an unregistered handgun and possessing a silencer.
Detective Sergeant Shane Cashman said Taskforce Echo was working in partnership with the Australian Federal Police to reduce the number of guns owned by outlaw motorcycle gangs and their associates.


Read more: http://www.theage.com.au/victoria/baby-brandishing-gun-bikie-posts-disturbing-facebook-snaps-20110729-1i2u0.html#ixzz1TY44jvAK

What's the future of Michigan's helmet law ??????????

OFF THE WIRE

http://www.uppermichiganssource.com/news/story.aspx?list=~%5Chome%5Clists%5Csearch&id=645600
What's the future of Michigan's helmet law? by Aaron Martin 
 Aaron Martin Iron Mountain Bureau Reporter 
ESCANABA, IRON MOUNTAIN -- For the last 17 years Gerry Spomer has been part of the American Bikers Aiming Toward Education group, better known as ABATE, fighting to repeal Michigan's helmet law.
The law requires all motorcycle riders to wear a helmet.
"People think that they have the superior intelligence or intellect or something to make safety decisions for me,” Spomer said. “I know what my riding capabilities are and I think I should be able to decide what kind of safety equipment that I need."
Michigan is one of 20 states that require riders to wear a helmet.
ABATE argues that the number of riders could increase by more than 30 percent and tourism would rise if the law is repealed.
But at the core of this debate is a fundamental difference. Is Michigan's helmet law an issue of freedom or safety?
Richard Henrion is a member of the Skilled Motorcyclist Association-Responsible, Trained, and Educated Riders, better known as SMARTER, which supports wearing all the equipment all the time.
"We still stand on the fact that it is a safety issue not a rights issue. Its part of the total safety package offered to the citizens of Michigan,” Henrion said. “You could use the same argument and just insert the words seat belts [instead of helmets]."
AAA Michigan expects insurance rates and deaths will go up if the repeal is passed.
But state senator Tom Casperson questions if that will happen.
"There's plenty of data out there to indicate other states that have repealed the helmet law have been ok,” Casperson said. “We haven't seen the doom and gloom that we hear."
The repeal has passed the state senate but must be approved by the state house of representatives and Governor Rick Snyder before becoming law.

Australia - Hells Angels bikie boss Samir Jouayde arrested 12 days after getting married



OFF THE WIRE

Wedding of Hells Angels bikie member Samir Jouayde and Susie Arida at the New Westella Reception Centre in Lidcombe. Picture: Simon Bullard Source: The Daily Telegraph
HELLS Angels bike boss, Samir Jouayde, was arrested today two weeks after walking down the aisle to get married.
Samir Jouayde is behind bars after being charged with participate in a criminal group, demand money with menace, and deal with the proceeds of crime. He was refused bail when he appeared in Burwood local court.
The arrests are part of a on-going police investigation targeting organised criminal networks and Out Law Motor Cycle Gang’s involved in alleged tax fraud.
Strike Force Edinburgh was established in April 2010 by the State Crime Command’s Gangs Squad working with the Australian Taxation Office and NSW Crime Commission.
The Strike Force was established to investigate money laundering and significant tax fraud by bikies and other criminal networks including finance industry professionals; as well as extortion of local businesses; the establishment of false businesses; illegal drug supply; and firearms supply.
At 6.30am, 19 simultaneous search warrants were executed by Gangs Squad detectives and other police specialists units including Strike Force Raptor, State Crime Command, the Public Order and Riot Squad, Dog Unit, and Rescue and Bomb Disposal Unit.
Police allegedly found 11 firearms, a silencer, ammunition, together with a quantity of steroids, cash, computers and financial documents.
A total of 11 people have been arrested by police so far, including the following:
A 30-year-old man, an alleged high-ranking member of the Hells Angels OMCG, arrested at Guilford and charged with participate in a criminal group, demand money with menace, and deal with the proceeds of crime. He was refused bail to appear at Burwood Local Court today.
A 29-year-old man, an alleged Hells Angels member, arrested at Auburn and charged with participate in a criminal group, demand money with menace, deal with the proceeds of crime, and 16 counts of fraud-related offences.
A 28-year-old man, an alleged Hells Angels member, was arrested at Parramatta Police Station and charged with participate in a criminal group, demand money with menace, and deal with the proceeds of crime.
A 27-year-old man, an alleged Hells Angels member, arrested at Georges Hall and charged with participate in a criminal group, demand money with menace, and deal with the proceeds of crime.
A 37-year-old man arrested at Wentworthville and charged with obtain benefit by deception. He was granted conditional bail to appear at Fairfield Local Court today.
A 34-year-old man, arrested at Condell Park was released pending further enquiries.
A 42-year-old man, arrested at Canterbury was charged with obtain benefit by deception and deal with the proceeds of crime. He was granted conditional bail to appear at Burwood Local Court at a later date.
A 24-year-old man was arrested at Menai and charged with aggravated possession of firearms, not keep firearm safe x2, and possess prohibited weapon (silencer). He was refused bail to appear at Sutherland Local Court today.
A 46-year-old man arrested at Glenwood was charged with fraud related offences. He will appear at Blacktown local court.
"These are significant arrests and include many high ranking bikies. We have have identified a number of suspected complex tax frauds and related extortion matters." NSW Police Gangs Squad Commander, Detective Superintendent Arthur Katsogiannis.

"Today’s operation is one of the largest single operations conducted by the State Crime Command targeting Outlaw Motorcycle Gangs and organised criminal networks.
"The NSW Police Force is committed to targeting all levels of illegal activities by OMCGs and organised criminal networks.
"The NSW Police Gangs Squad has and will continue to work in partnership with the Australian Taxation Office and NSW Crime Commission to target and investigate people involved in these types of illegal activity.
"Detectives urge any person or finance industry professional who is aware of, or involved in similar activities, to come forward before police track you down."
"Investigations are continuing and further arrests are expected," Det Supt Katsogiannis said.

CALIFORNIA - Reckless riders pose biggest danger

OFF THE WIRE
http://www.signonsandiego.com/news/2011/jul/29/gay-history-mandate-motorcyclists-college-aid/
Reckless riders pose biggest danger

Anyone who regularly drives up Palomar Mountain can explain all the motorcycle crashes there (“Worst roads for motorcycles,” Local, July 27). Every Saturday, motorcycle riders race up and down the mountain at high speeds while dangerously passing cars. I have never been there on a weekend when this is not happening.
The intersection of state Route 76 and Palomar Mountain Road is not unsafe; the motorcyclists are. I am tired of reading studies aimed at looking for ways to spend public money in order to prevent irresponsible and reckless behavior. -- Sheri Snow Powers, Encinitas
I found it very interesting that the intersection with the most motorcycle crashes is on the same highway that has an unusually high number of car accidents.
My brother is one of those motorcycle riders who does not drive too fast, make improper turns or drive under the influence. What did he get for that? A car stopped in front of his path on the road so the driver could get out and check her mailbox. My brother and brother-in-law both crashed. They were lucky to only have moderate injuries.
According to my brother, many accidents are caused by riders not having enough skill and riding a bike too powerful for their abilities (much akin to those parents who buy their new teen driver a fast car).
While I do not think this article will have a great of impact on the accident rate, I hope it will remind everyone about the dangers of being on the road, whether you are in a car, on a motorcycle or riding a bike. -- Rebecca Van Cleave, Lemon Grove

Live Oak, FL - Trial dates set for McAlpin murder defendants

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BY: Stephenie Livingston
 suwanneedemocrat.com

McAlpin murder defendants.jpg
James Howze, left, and Lonnie Munn will face a jury this fall.
Trials for the two men indicted on first degree murder charges for the execution style shooting deaths of three members of a McAlpin family, have been set for late October and November, according to Third Circuit Assistant State Attorney Craig Jacobsen.

James Lindsey Howze, 38, of O’Brien, will face a jury during the week of Oct. 24 while Lonnie Robert Munn, 47, Live Oak, will be tried the week of Nov. 21, Jacobsen said.

The two were arrested on first degree murder charges for the shooting death of Joseph Militello Jr., 57,  his wife Nancy L. Militello, 68 and their nephew Angelo Rosales, 32.

Jacobsen said jury selection for Howze is scheduled to take place Oct. 19 and 20. Jury selection for Munn is expected to take place a couple days prior to his trial, Jacobsen said.

Howze and Munn have been charged with three counts each of first-degree murder while armed with a firearm, home invasion robbery while armed, conspiracy to commit home invasion robbery and conspiracy to commit first degree murder while armed with a firearm. The two face the death penalty if convicted.

The Militellos and their nephew were found by an employee lying face down in their 172nd Street McAlpin home early morning on Aug. 26, 2010 after they had been shot execution style once each in the back of their heads. Authorities said Howze and Munn targeted the Militellos for money and believed to have robbed and killed them the evening of Aug. 25.

A former employee of the Militellos, Keith Allen Hughes, 25, was jailed on charges of conspiracy to commit armed robbery in connection with the murders. He hanged himself in his jail cell at the Suwannee County Jail last September. Hughes had a past record of arson, affray and criminal mischief.

Released from prison in 2008, Howze has already served 14 years of a 25-year sentence for second degree murder in Hernando County. Both Howze and Munn have a history of burglaries. Howze played a role in a previous Suwannee County burglary, while Munn served time in 1988 for burglary, robbery and false imprisonment. Munn landed back in prison four more times between 1992 and 1998 on cocaine charges, grand theft and burglary.

The pair are associated with the Black Pistons Motorcycle Club in Tampa, officials said. The Black Pistons are known to be involved in criminal activities, such as the transportation of drugs, assault, extortion, fraud, intimidation and theft.

Police to meet with residents in Long Marston and Quinton over Bulldog Bash

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A MOBILE police station is visiting Long Marston and Lower Quinton in the run up to the Bulldog Bash.
Officers will be manning the station next month to meet residents to talk about the event, which will run between August 11 and 14.
On August 8 the station will be outside Corbett House in Lower Quinton between 6pm and 7pm and then at Long Marston Post Office between 7pm and 8pm.
On August 9 officers will be at Long Marston Post Office between 6pm and 7pm and outside Corbett House in Lower Quinton.
On August 10 officers will return to Corbett House between 6pm and 7pm and Long Marston Post Office between 7pm and 8pm.
Sgt Bob Shaw, of Warwickshire Police, said: “The visits will provide a convenient way for residents to chat to officers and discuss any issues about the policing of this year’s Bulldog Bash.”
Officers will be returning after the event to listen to feedback.
Police have fought to stop Stratford District Council granting organisers a licence due to the on-going rivalry between motorcycle groups, which led to the murder of Hells Angel Gerry Tobin in 2008.
He was shot as he rode along the M40 on his way home from the festival. Members of the Outlaws motorcycle gang were jailed for his murder.
The trial heard Mr Tobin was targeted by the rival gang because he was a “fully-patched” Hells Angel.
The police have since opposed the event but their stance has been branded “over the top” by organisers.
Read More http://www.coventrytelegraph.net/news/coventry-news/2011/07/29/police-to-meet-with-residents-in-long-marston-and-quinton-over-bulldog-bash-92746-29141073/#ixzz1TXxxHyMs

AUSTRALIA - Coffin Cheaters released on bail


OFF THE WIRE

Three men linked to the Coffin Cheaters outlaw motorcycle gang have appeared in court charged with lying to Western Australia's corruption watchdog about a gang brawl.
Brothers Troy and Clint Byfield and Mohammed Alamdar appeared in the Perth Magistrates Court on Friday accused of giving false or misleading evidence in private hearings before the Corruption and Crime Commission (CCC).
They were being questioned over a violent brawl between Coffin Cheaters and Finks bikie gang members at the Kwinana Motorplex in Perth's south last October.
Troy Byfield is facing six charges of lying to the CCC during hearings in November and January, including saying he was not involved in the brawl and did not grab a knife during it.
Alamdar is facing three charges of lying, including saying he did not see the brawl and only learned about it later through the media.
Clint Byfield is facing three charges of lying plus a charge of disclosing a restricted matter by telling people he had been summonsed to appear before the CCC when instructed not to.
The lawyer for Alamdar and Troy Byfield indicated they would plead not guilty at their next appearance.
The three men were granted bail on $5000 undertakings to reappear in court on August 26.
Six more men linked to the Coffin Cheaters are due to appear in court next Friday on similar charges relating to their evidence before the CCC.
The maximum penalty for giving false evidence to the CCC is a three-year prison term if the case is heard in the magistrates court and a five-year prison term if the case is referred to a higher court.

http://news.ninemsn.com.au/national/8279053/bikies-in-court-on-lying-charges

AUSTRALIA - Police gang up nationally to catch 'Nike bikies'


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Evolving ... police are looking into new methods to target "new-age" bikies.

POLICE will push for national, uniform laws to prosecute outlaw motorcycle gangs and for ''fusion'' centres to investigate them following the proliferation of tech-savvy ''new age'' bikies.
After a two-day conference in Parramatta, involving police squad commanders from throughout the country and New Zealand plus the FBI, Australian police will move to establish one-stop shops in each state for sharing information about gangs from tax and customs authorities.
'' Everyone faces the same problems with these individuals and the themes are similar right across Australia,'' the NSW gangs squad commander, Superintendent Arthur Katsogiannis, said.
Bikie gangs involved in illicit activities were rapidly expanding, and jumping state borders to avoid prosecution under different sets of regional laws.
''These organisations are recruiting at a very, very fast rate and, if I can use the analogy, they are basically building franchises, not only nationally but internationally,'' he said. ''The traditional bikie has significantly changed over the last 10 years. The old beer-drinking, motorcycle-riding bikie is no longer there. We have the new-aged bikie, or the 'Nike Bikie'; they are advanced with their technology.''
Laws targeting bikies did not exist in Australia until 2000. Most have come in the last six years.
Australia's attorneys-general agreed in-principle to nationalise the approach to bikie gangs in 2009, a month after Anthony Zervas was bludgeoned to death during a brawl between the Comanchero and Hells Angels at Sydney Airport. But, following last month's High Court decision to uphold a Hells Angels challenge to NSW bikie laws and a partly successful Finks challenge to South Australian laws last November, police want inconsistencies ironed out and action by each government.
''We are sharing our information and intelligence … but we need to have a more formal approach,'' Superintendent Katsogiannis said. ''We are asking for the support of our respective governments to assist us with [a] legislative framework so we can address the issue of [bikie gangs].''
In the US, there is controversy surrounding terrorism-inspired ''fusion'' centres over their potential to violate civil liberties.
The one-stop shops in each police jurisdiction in Australia would combine resources of the Tax Office, Customs, the Australian Securities and Investments Commission and state and federal police.
''[They] would combine all the various jurisdictions and agencies in one room and, at the push of a button, access information without any barriers,'' Superintendent Katsogiannis said. ''The red tape will be cut so we can get access to that information.
Fusion centres were created last year within the Australian Crime Commission (ACC) to track down organised crime figures through financial records.

http://www.gloucesteradvocate.com.au/news/national/national/general/police-gang-up-nationally-to-catch-nike-bikies/2240614.aspx?storypage=2

CALIFORNIA - Hells Angel got inside info from cop, jury finds


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Santa Clara police Officer Clay Rojas, suspected of passing confidential information to a Hells Angels member

A former Santa Clara police officer has been convicted in federal court of passing confidential information to a member of the Hells Angels because he owed the biker money.

Clay Rojas, 37, who had served five years with the Santa Clara Police Department, was convicted Wednesday by a U.S. District Court jury in San Jose of 12 felony counts, including conspiracy to commit honest-services fraud, illegal use of a computer for financial gain and improper computer access.
Rojas will be sentenced in November.
"We're very disappointed in the verdict," said Rojas' attorney, Daniel Jensen.
Rojas supplied private Department of Motor Vehicles information about people to William Bettencourt, 39, a member of the Santa Cruz chapter of the Hells Angels.
Rojas, who formerly worked as a San Jose police officer, sent text messages containing criminal history and motor vehicle information to Bettencourt from July to October 2010 to avoid having to pay back a loan, according to the grand jury indictment. The loan amount was not specified.
Bettencour t even asked Rojas to look up the biker's own criminal status, court records said. On Aug. 19, Bettencourt texted Rojas, "Can u r my name and check status?" according to the indictment.
Rojas testified that there was no connection between the records checks and any outstanding loans.
Federal charges are pending against Bettencourt, and Rojas also faces state charges.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/28/BAOP1KFTV5.DTL#ixzz1TUrdZeC3

Sutherlin, OR - Traveling Vietnam wall exhibit highlights Seniors Day patriotic events

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BY: JESSICA PROKOP
 nrtoday.com
Bruce Makela of Winston makes an etching of the name of a family member as his wife, Marilyn Makela, takes a photograph at the Vietnam Traveling Memorial Wall in Sutherlin Thursday.

Bruce Makela of Winston makes an etching of the name of a family member as his wife, Marilyn Makela, takes a photograph at the Vietnam Traveling Memorial Wall in Sutherlin Thursday.
MICHAEL SULLIVAN / The News-Review

Ted Henderson of Sutherlin reaches out to the Vietnam Traveling Memorial Wall in Sutherlin Thursday.
Ted Henderson of Sutherlin reaches out to the Vietnam Traveling Memorial Wall in Sutherlin Thursday.ENLARGE
Ted Henderson of Sutherlin reaches out to the Vietnam Traveling Memorial Wall in Sutherlin Thursday.
MICHAEL SULLIVAN / The News-Review

Fred Berry of Roseburg, middle, visits the Vietnam Traveling Memorial Wall in Sutherlin Thursday with his son, Aaron Berry, right, and his grandson, Grant Berry.
Fred Berry of Roseburg, middle, visits the Vietnam Traveling Memorial Wall in Sutherlin Thursday with his son, Aaron Berry, right, and his grandson, Grant Berry.ENLARGE
Fred Berry of Roseburg, middle, visits the Vietnam Traveling Memorial Wall in Sutherlin Thursday with his son, Aaron Berry, right, and his grandson, Grant Berry.
MICHAEL SULLIVAN / The News-Review

Spouses Judi and Phil Jones of Canyonville make an etching of the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.
Spouses Judi and Phil Jones of Canyonville make an etching of the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.ENLARGE
Spouses Judi and Phil Jones of Canyonville make an etching of the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.
MICHAEL SULLIVAN / The News-Review

Shirley Owens of Sutherlin reaches out to touch the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.
Shirley Owens of Sutherlin reaches out to touch the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.ENLARGE
Shirley Owens of Sutherlin reaches out to touch the name of a friend Thursday at the Vietnam Traveling Memorial Wall in Sutherlin.
MICHAEL SULLIVAN / The News-Review


SUTHERLIN — Sutherlin Central Park buzzed Thursday with the chatter of men, women and children as they strolled past exhibits and tributes. But all grew silent when a bugle sounded. The crowd stood and the ceremony started.
About 100 people attended the Salute to Our Heroes Seniors Day ceremony. Observers shed tears and sought comfort from friends and family. Others stood silent, dressed in full dress military uniform.
“It's a wonderful welcoming home that we are getting now,” said Vietnam War veteran Dana Foley, 58, of Sutherlin.
Sutherlin's Salute to Our Heroes features the American Veterans Traveling Tribute, an 80 percent-sized replica of the Vietnam Veterans Memorial Wall in Washington, D.C. The wall will be on display at the park through Sunday.
Foley, who served 12 years in Vietnam and saw four years of combat, retired as a sergeant in the Army. He has three children who are serving in the Navy and Marines. He said he attends just about every military event, dressed in his uniform.
“I do it for my children and the veterans that can't come,” Foley said.
Maddie Bright, the daughter of the late Dean Bright of Sutherlin, sang the national anthem. Dean Bright was killed while serving in Iraq in 2006.
Following the anthem, Mayor Denny Cameron, a Vietnam veteran, read a proclamation from the city. Organizers thanked the community and various organizations for supporting the event.
“This event is a tremendous thing for the community,” said an organizer, Pam Cameron, 58, of Sutherlin.
The idea of bringing the traveling wall to Sutherlin originated with the Evening Branch of the Sutherlin Lions.
“It's a patriotic area, and there are a lot of veterans in the Lions Club. It just felt like a natural match,” she said.
Organizers planned a series of ceremonies through Sunday.
The committee dedicated Thursday's ceremony to seniors, making sure they had convenient places to park and volunteers to guide them to displays in the park, said Bertha Egbert, president of the organizing committee.
“This has been an event that everyone has flocked to. I couldn't be more pleased to see veterans here in numbers. It's what this is all about,” Egbert said.
In the community center, next to the park, is Sutherlin's Hall of Heroes, a tribute to area servicemen who died in the line of duty.
Ron Gorremans, 58, of Lincoln City lent his military memorabilia for the exhibit.
“For this being a first-time event, it's pretty awesome. It's been a great turnout, and the patriotism here is amazing. The servicemen deserve it,” Gorremans said.
Robert Johnson, 80, of Oakland agreed. Johnson sketched a drawing of an eagle and the flag for the event's posters.
A Marine and Korean War veteran, Johnson and his wife, Carol, 72, said that they were honored and pleased to be a part of the festivities.
Viet Nam Vets Motorcycle Club member Bruce Makela, 62, and wife Marilyn Makela, 59, of Winston, were among those at the ceremony who have been touched by war .
Bruce Makela served in the Navy for 20 years, two months and five days. He was in Vietnam on three different occasions, he said. His father was a World War II veteran, as were his uncles.
“A lot of veterans can't talk about it. (In the motorcycle club) we can cry on each others' shoulders and share things that we can't with other friends,” Bruce Makela said.
Marilyn Makela's youngest son served in Iraq, and she prayed every day that he would make it out alive, she said.
“It's very emotional. It's just amazing how everyone has been affected,” Marilyn Makela said.
• You can reach intern reporter Jessica Prokop at 541-957-4213 or by email at jprokop@nrtoday.com.


Saturday, July 30, 2011

Clallam County, WA - Appeals court lifts sanction against Clallam deputy prosecutor

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 konp.com
A state appeals court has reversed sanctions issued against a Clallam County deputy prosecutor.
This week, the court ruled Clallam County Superior Court Judge Brooke Taylor went too far in handing down a $500 dollar sanction for an error committed by the deputy prosecutor during a vehicular homicide trial.
In 2010, Taylor issued the sanction after the deputy prosecutor wrote in a court filing that defendant Roger Mallicott was a member of the Hell's Angels gang. Mallicott was actually a member of the Amigo's motorcycle club and the deputy prosecutor wrote the wrong name in a filing to have Mallicott and another defendant tried separately in the case. Mallicott's attorney, Karen Unger, filed a complaint to Taylor prompting the sanction.
But the appeals court ruled that even though the statement was in error, it was not malicious and there was harm intended.
Clallam County prosecutor Deb Kelly said in a written statement she was pleased with this week's ruling and that the court restated that simple errors are not misconduct and should not be subject to sanctions.

Marine Corps League's Eagle Globe and Anchor Sculpture... ARRIVED!

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Good Morning all:
I have finally received the Marine Corps League Eagle Globe and Anchor Statue from Doug Corsini.  It's really well done, and stands about 7.5 inches tall. He also signed the back of the stand.
Just a reminder I am raffling this piece off at the Diamond Posse Send Off Party at Boston Harley Davidson in Everett MA on SATURDAY SEPTEMBER 3rd.  ALL PROCEEDS to benefit a disabled combat veteran with a service dog from NEADS.org, here in MA!
WINNER NEED NOT BE PRESENT!!
The sculpture was done by nationally renowned artist "DOUG CORSINI" my old sculpture teacher in college who was commissioned by Quantico in 1985 to construct the original statue at the Beirut Memorial in Philadelphia PA. The piece has provenance and should make a wonderful addition to any Marine's or friends or family members mantle or shelf!
Tickets are $10.00 apiece or 6 for $50.00.
Doug informs me this piece is valued at $180.00, and it is truly a well executed piece!
Please let me know if you'd like to purchase any tickets.  I will make arrangements to mail or deliver the sculpture to the winner!
Gypsy  (Betsy)

DELAWARE: Motorcycle helmet laws may save lives, but bikers would love to repeal them

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http://www.bellinghamherald.com/2011/07/27/2118300/motorcycle-helmet-laws-may-save.html
Motorcycle helmet laws may save lives, but bikers would love to repeal them


By DANIEL C. VOCK - Stateline.org

 WASHINGTON The law says motorcyclists in Delaware have to have a helmet. But the helmet does not need to be on anyone's head. A motorcyclist is obeying the law even if the helmet is strapped to the handlebars or stuffed in a saddlebag.
For a lot of people in Delaware, especially bikers, the law does not make sense. Many motorcyclists would like to get rid of the law and leave the state with no helmet requirement at all. They almost succeeded this year, when a bill to repeal the law passed both chambers of the legislature. But Democratic Gov. Jack Markell vetoed the repeal, and now, much to the displeasure of the bikers, Markell wants to go in the other direction - enact a new law that requires them to actually wear the helmet.
"A helmet lashed to a seat or handlebars does little, if anything, to improve the situation of a rider in an accident," the governor said in his veto message. "However, because Delaware's helmet law requires riders to have a helmet in their possession, riders must buy a safety helmet that they might not otherwise purchase. ... Many riders sensibly recognize that the helmet does more good on their head than it does as an ornament on their bicycle." Markell hopes the law can be toughened up by the legislature next year.
But for now, the state motorcycle law remains just as it has been since it was enacted in 1978. And it reflects a stalemate that exists on the subject in much of the country. Even with enormous upheaval in state capitols over the last year, neither bikers' rights groups nor safety advocates have gained much traction for change. Only Michigan seems to have a chance to revise its law this year, and the prospects there are iffy.
Just three states - Illinois, Iowa and New Hampshire - do not require any motorcycle riders to wear helmets. Twenty states require all motorcyclists to wear them, while the rest target certain groups of cyclists, usually younger drivers.
But Delaware's quirky law is a special headache for motorcyclists. Even those who try to follow the law may have a hard time doing so, because it is difficult to determine whether a helmet meets the state standards.
"Our biggest problem is now you're putting it on the consumer to figure out if this helmet meets standards or not," says Donald Hannum, a spokesman for the Delaware chapter of ABATE, a national bikers' rights organization.
ABATE casts the issue as a matter of personal liberty: Its members believe motorcyclists should be making their own decisions about whether to wear a helmet. "Take (helmets) off the bike," Hannum says. "The people who are going to wear them are going to wear them. The ones that aren't going to wear them, aren't going to wear them."
But the federal government, insurance companies and safety advocates insist that mandatory helmet laws do change behavior, and save both money and lives. To underscore that point, medical authorities in New York state say that a motorcyclist who died in a crash earlier this month during an ABATE rally protesting the state's helmet law would have survived if he had been wearing a helmet.
Last November, the National Transportation Safety Board called on states to enact universal mandatory helmet laws, citing a surge in motorcycle deaths at a time when traffic fatalities overall had declined. This spring, the agency weighed in against a proposal to remove Michigan's mandatory helmet law.
The Michigan Office of Highway Safety Planning claimed that repealing the state's law would likely lead to a drop in helmet use from nearly 100 percent now to 58 percent. Motorcycle deaths and serious injuries, the office projected, would increase by 60 percent.
The agency based its assumptions on the experiences of other states that have lifted their universal helmet laws. When Louisiana repealed its helmet law in 1999, motorcycle fatalities doubled. In 2004 the law was reinstated, and the number of deaths dropped. Other states - including Arkansas, Texas, Kentucky and Florida - also saw motorcycle deaths increase when they scaled back their helmet requirements.
In Michigan, a new governor is giving ABATE and its allies hope that they may finally be able to roll back the state's universal helmet law. In 2006 and 2008, lawmakers sent legislation repealing the mandate to the previous governor, Democrat Jennifer Granholm, but she vetoed both attempts. Now that Republican Rick Snyder is governor, the legislation is advancing again. A proposal passed the state Senate that would tie repeal to mandatory insurance requirements for riders without helmets. Snyder himself has not staked out a public position on the bill, but he has discussed tying it to other insurance reforms, according to The Detroit News.
Nancy Cain, a spokesperson for Michigan AAA, says Michigan residents have special reason to keep their mandatory helmet law. Unlike many states, Michigan has a fund for catastrophic damages, which all auto insurance policyholders pay into with a surcharge on their coverage. If the helmet law were to be repealed, this surcharge would likely go up.
Even with a helmet law, Cain notes, motorcyclists account for a disproportionately large share of the claims filed with the Michigan Catastrophic Claims Association. While motorcyclists make up 1.7 percent of the fund's contributors, they account for 6.7 percent of the claims.
"From an economic standpoint, from a traffic safety standpoint," she says, "we really believe the law should remain as is."