You can go to DNS Changer Check-Up at http://www.dns-ok.us/ to find out if your computer is infected.
In 10 days, there's a chance you will not be able to access the Internet on your personal computer. No email, no Facebook, no Google, no Twitter — nothing.
This potentially dire situation is due to the nasty DNSChanger Trojan, and the fateful date of July 9, on which the FBI is set to take all computers still infected with the malware offline for good. The date is being dubbed "Internet doomsday" for those who don't take action.
Launched by Estonian cybercriminals, the DNSChanger malware infected Windows PCs, Macs and routers across the world and enabled the crooks to hijack victims' Web traffic and reroute it to rigged sites. After the FBI, in "Operation Ghost Click," busted the criminals last November, the FBI set up surrogate servers to keep the computers infected with the Trojan temporarily online so users could clean them. But on July 9, those surrogate servers are coming down. [Will the FBI Shut Down My Computer? Questions and Answers]
This is bad news for anyone whose computer is still harboring the malware. According to a new report from Internet Identity,that unfortunate group, which at the time of the FBI sting was made up of 4 million computers and routers worldwide,still includes 12 percent of the Fortune 500.
In his Krebs on Security blog, researcher Brian Krebs cites a statistic from the DNSChanger Working Group, which estimates that more than 300,000 computers are still infected with the malware.
"That number is likely conservative," Krebs said. "The DCWG measures infections by Internet protocol (IP) addresses, not unique systems. Because many systems that are on the same local network often share the same IP address, the actual number of DNSChanger-infected machines is probably quite a bit higher than 300,000.
In the past few weeks, both Google and Facebook have undertaken notification campaigns efforts to warn those who may still be infected with the Trojan. But if you didn't receive a warning, it doesn't mean you're in the clear.
There are ways to eradicate the DNSChanger from your system before July 9. Here's how, in three easy steps.
First, you'll need to change some settings on your computer. Click here for instructions on how to do so. That will make sure you're still able to get on the Internet when July 9 rolls around.
Step two is to run strong anti-virus software that will clean up your computer. You'll probably have to pay for the software. Here's a list of recommended anti-virus software products.
The third step is to check your system again; if you're still seeing the Google alert, check the DNS Changer Check-Up.
If you know your car might explode and crumble into a burning mass of parts in less than two weeks unless you got it serviced, you'd probably get it serviced, right? Do the same with your computer.
Will the FBI Shut Down My Computer? Questions and Answers UPDATE: The cutoff date is now July 9, 2012, but everything else in this article still applies -- and word is there will definitely not be another extension.
You may have heard recently that the FBI will be "turning off the Internet" on March 8 for millions of computer users. That's not quite the case, but it's still a serious situation.
To clear up the misunderstandings about this problem, we've put together a list of frequently answered questions.
Will I lose Internet access on March 8?
Probably not. But to be sure, point your Web browser to http://dns-ok.us/ to find out. If you see green, you're fine. What if I see red?
Then you've got a problem. The first thing to do will be to change some technical settings on your computer. Click here for instructions on how to do so. That will make sure you still have Internet access when the fateful day comes.
The second thing to do will be to update and run strong anti-virus software that will clean up your machine, because these particular malware infections are pretty nasty. You'll probably have to pay for the software. Here's a list of recommended anti-virus software. I'm using a Mac. Do I need to worry?
Yes. There are many forms of malware involved, and some affect Macs as well. Here's a list of Mac anti-virus software. Any chance the deadline will be extended beyond March 8?
Yes. The government has asked a judge to extend it to July 9 — you can read the motion here — but many security professionals would like to stick to the original deadline. Why? That seems awfully mean.
It's not really. The infected computers have to be cleaned up sometime, and it might as well be sooner rather than later. But I'm only hearing about this now!
The mainstream press started reporting on this last week. In any case, you've still got time to fix the problem. I'm still confused. What exactly happened?
(Deep breath.) For about five years, a cybercriminal ring based in Estonia ran a "clickjacking" scam that paid it every time people clicked on online ads it had placed. To boost revenue, the gang used various kinds of malware to infect millions of computers worldwide. I don't get it.
Follow me here. The malware changed the infected machines' settings so that people searching for various things online would be redirected to webpages that the criminals controlled, and on which the criminals had placed the ads that made them money. Here's a YouTube video that shows how it worked. (Despite what happens in the video, the malware affects Firefox too.) So what's wrong with that?
It doesn't sound so bad at first, but the gang defrauded online ad-placement companies of about $14 million over five years. Even worse, the gang's malware often disabled anti-virus and operating-system updates on the infected computers, leaving them vulnerable to other kinds of infection. Wow. How many people were affected?
About four million computers were infected worldwide, including about a million in the U.S. The FBI explains it all here. How did the malware infect computers?
Through "drive-by downloads" from infected Web pages, and through Trojan horses such as phony online-video software downloads. How many people are still infected?
We don't know for certain. One estimate is that 500,000 U.S. users could lose Internet access on March 8. Another oft-cited figure states that half of the Fortune 500 companies have at least one infected computer, but if you read between the lines that could mean as few as 250 PCs. I still don't get it. How did the infection affect Internet access?
When you type in a Web address, your computer doesn't actually understand what you're asking for. Instead, it looks up what you typed in on what's called a Domain Name System server, which tells your computer where to go. Most computers use the DNS server supplied by their Internet service providers. I'm lost already. DNS what?
Think of a DNS server as a phone book that every Internet service provider has a copy of. Okay. So the bad guys changed the phone books?
Exactly. And the fake phone books took infected computers to rogue websites where the bad guys put up ads. Will this affect email as well?
Yes. DNS servers also translate Internet addresses for email software. So what does the FBI have to do with this?
The Estonian gang was finally busted in early November of last year in what was called "Operation Ghost Click." Here's the indictment if you want to read it.
The FBI shut down the rogue DNS servers — there were about 100 of them — but in order to keep all those infected users online, it got a court order to keep the fake phone books in place for another four months. And that court order expires March 8?
Bingo. So what happens then?
The fake phone books get taken offline and, because they'll no longer be able to translate Web addresses, so will all the infected machines still relying on them. Why can't the FBI just keep them up longer without a court order? After all, they're part of the government.
The FBI isn't actually running those servers. That's being handled by a non-profit company in Silicon Valley which isn't in the business of law enforcement, and it doesn't want to step into murky legal territory.
Story by Cpl. Lisa Tourtelot Fighting Irish: deployed crew chief fulfills dream...
An air crew with Marine Light Attack Helicopter Squadron 469 preps its UH-1Y Huey for return to Camp Bastion, Afghanistan, June 20. Hueys and AH-1W Super Cobras are typically used to provide close-air-support because of their ability to provide heavy firepower and 360-degree security.
HELMAND PROVINCE, Afghanistan - Flying over southwestern Afghanistan, a voice came over the radio, drawing the crew chiefs’ attention to a large truck and SUVs racing through the desert. Marines with Marine Light Attack Helicopter Squadron 469, “Vengeance,” were performing aerial reconnaissance in the area, looking for any suspicious vehicles or potential insurgent activity.
Binghamton, N.Y., native, Lance Cpl. Seamus Clarke, is on his first deployment, much like his squadron, but he is well prepared for combat.
“My brother’s a Marine, my family was all in the Marine Corps, so it’s kind of a tradition,” said Clarke. “I joined the Marine Corps because ever since I was a little kid, I’ve always been taught that you need to serve your country before you can go on and do your own thing in life.”
With a Celtic tattoo, bushy mustache and a name like “Seamus,” Clarke puts the “fighting Irish” into his combat tour.
Staff Sgt. Robert Wise, also a crew chief with the squadron and Daytona Beach, Fla., native, personally chose Clarke to be his fellow crewman when he flies combat operations.
“I’m the aircrew training manager for the squadron, so I paired up all the combat crews for our unit,” said Wise. “I felt like he had a lot of potential … He’s advanced quite a lot in the short time we’ve been out here.”
Clarke explained that light attack helicopter squadrons, stocked with UH-1Y Hueys and AH-1W Super Cobras, have a unique advantage in their ability to deliver heavy firepower and maintain a 360-view of the battle space.
These traits make light attack helicopter crews ideally suited for close-air-support of Marines on the ground, as well as their larger helicopter and tiltrotor counterparts, CH-53D Sea Stallions, CH-53E Super Stallions and MV-22B Ospreys.
“Any sort of mission, [my worry is] always who’s going to be the one to try and engage me, and shoot at me,” said Clarke. “I trust the other crew chief on the other side of the aircraft to watch his side and it’s up to me to watch my side and make sure we don’t end up in a sticky situation.”
Clarke first got the inspiration to become a crew chief when an old friend, a Vietnam veteran and former Huey crew chief himself, suggested the job.
“He said it was the best job he’s ever done,” explained Clarke. “I went to the recruiter to see if they had any openings and they did, so I picked this job. It’s been the best time of my life so far.”
Clarke and Wise took notes on the suspicious vehicles to report to their squadron’s intelligence section, and completed the flight without incident.
A perennial New York Yankees fan, Clarke said he looks forward to seeing baseball season again, and perhaps one day being a crew chief instructor himself.
Read more: http://www.dvidshub.net/news/90522/fighting-irish-deployed-crew-chief-fulfills-dream#ixzz1zHwjmoDg
Get ready for road closures and a lot of police by the beaches in Oceanside, but no dogs or bicycles on The Strand.
Citing lack of money, authorities have ruled out a fireworks display at the municipal pier this year, but they still expect nearly 200,000 people to turn out for the city's Fourth of July festivities on and near the beach next week, officials said.
And that means increased traffic controls ---- for those on wheels or on foot ---- and triple the fines for any municipal code violations anywhere in Oceanside west of the train tracks, said Oceanside police Lt. Leonard Mata.
The department plans to have 200 officers in the area, all with a motto of "zero tolerance," Mata said.
Most city parking lots will be open, except for lots number 26, 29 and 30. Parking for the disabled will be on the north side of the Beach Community Center, and people can drop off disabled passengers at Surfrider Way on The Strand.
Police will close roads west of the tracks from Wisconsin Avenue north to the beach at Oceanside Harbor, Mata said.
A stretch of The Strand from Wisconsin to Breakwater Street will be closed from 9 a.m. to 8 p.m. Wednesday, Mata said.
Police will also close access to Oceanside Harbor at 9 p.m., with access ---- via Pacific Street ---- limited to residents, slip renters and employees. The roadways there will probably reopen around midnight, Mata said.
Mata said other rules include:
no smoking on the beach, pier or in public places;
no dogs allowed on The Strand on July Fourth;
no bicycles allowed on The Strand on July Fourth;
no tents on the beach;
no skateboards on public streets.
Oceanside is skipping the fireworks July 4, but the city will be alight with celebration through the holiday weekend, starting Saturday with a Freedom Parade and ending Monday with a daylong beach bash.
Close to 200,000 people are expected to jam downtown and the beaches over the weekend, said acting police Capt. Leonard Mata.
Oceanside has had an Independence Day-themed parade since 1898, said volunteer organizer Cathy Nykiel, but the event was nearly canceled last year when the city ran out of money to pay for it. Downtown booster group MainStreet Oceanside and a cadre of determined volunteers took over.
This year, the group raised nearly $12,000 to keep up the tradition, Nykiel said, adding that's what it costs to stage the event.
The parade will start at 10 a.m. Saturday with the route along Coast Highway, starting at Wisconsin Avenue and ending at Civic Center Drive.
"Wear red, white and blue," is Nykiel's advice to parade-watchers, and get ready for a rip-roaring, flag-waving time.
"We have twirlers, cheerleaders, two marching bands ---- El Camino High School Marching Band and Oceanside High School Band. We have a lot of civic organizations."
Representatives of the I Marine Expeditionary Force from Camp Pendleton will be the grand marshals for the parade this year, Nykiel said.
"Bring a nice comfortable lawn chair or beach chair and make sure you have sunscreen," she advised.
As if the parade weren't enough celebration, the beach bash Monday will have live music, lots of activities and plenty of summertime munchies for purchase, said Kim Heim of MainStreet Oceanside.
"We'll have everything from standard American favorites like hamburgers and hot dogs to Filipino food, all kinds of frozen treats ---- Italian ice, Hawaiian ice, packaged ice cream, funnel cakes, really, just all the things people love," Heim said.
A kids zone will be set up in Tyson Street Park where children can race radio-controlled toy cars or jump around in a big bounce house, Heim said.
Live music featuring several local bands will be playing throughout the day at Seagaze Park on The Strand, Heim said.
All of that activity will have police on high alert, with more than 200 officers on duty to keep the celebration safe, Capt. Mata said.
An area bounded by the railroad tracks and the ocean to the east and west and by the city limits north and south has been designated as a "safety enhancement zone," where fines will be tripled for anyone who gets out of hand, Mata said.
Some roads will be closed near the beach, as will city parking lots 26, 29 and 30, although handicapped parking will be allowed in lot 30 on the north side of the Beach Community Center.
Handicapped parking also will be available in lot 31 at The Strand and Wisconsin Street. All other city parking lots will be open, Mata said.
His advice to weekend revelers is to keep the celebrating within reason.
"We would like to remind the citizens that public consumption of alcohol is prohibited as well as public drunkenness," Mata warned.
As expected, the Justice has informed Congress that the U.S. attorney will not prosecute Attorney General Eric Holder for contempt, despite Thursday's House vote.
"The longstanding position of the Department of Justice has been and remains that we will not prosecute an executive branch official under the contempt of Congress statute for withholding subpoenaed documents pursuant to a presidential assertion of executive privilege," says Deputy Attorney General James Cole in a letter to the House speaker, John Boehner.
The letter notes that during the Reagan administration, DOJ took the position that the contempt statute could not constitutionally be applied to an official who asserts the president's claim of executive privilege. That policy was first articulated in a memo written by Ted Olson when he was at DOJ in 1984.
Cole writes that the position has been asserted several times since then, most recently during the Bush administration in 2008.
He concludes by saying that the Justice Department has determined that Holder's response to the House committee subpoena "does not constitute a crime" and the Department will not refer the matter to a grand jury "or take any other action to prosecute the attorney general."
18-year-old was watching Food Network when door came down, stun grenade went off..
Imagine you're sitting at home, comfortable on the couch, watching the Food Network, when all of a sudden a heavily armed SWAT team breaks down your door and storms into your living room.
That's what happened to 18-year-old Stephanie Milan, who was watching TV in her family's Evansville, Ind., home last Thursday (June 22), when a team of police officers broke down her storm door — the front door was already open — and tossed a flash-bang stun grenade into the room.
"The front door was open," Ira Milan, Stephanie's grandfather and the property owner, told the Evansvile Courier & Press. "To bring a whole SWAT team seems a little excessive."
Turns out, however, that the SWAT team had the address wrong.
The Courier & Press said the police had been investigating "anonymous and specific online threats made against police and their families on the website topix.com," and had obtained a search warrant for the Milan house. An Evansville police officer said one of the threats that came from the Milan household mentioned explosives and said, "Evansville is going to feel the pain."
Whoever made these threats, the Courier & Press said, likely remotely routed them through the Milan's open Wi-Fi connection, which means it could have been used from an outside location. It's possible the Milans, or specifically Stephanie, were targets of "swatting," a particularly nasty prank by which the perpetrator — often through hoax 911 calls — tricks a SWAT team into raiding a house of his choosing.
Last July, Parry Aftab, a prominent Internet security advocate, became the victim of such an attack. Police swarmed her northern New Jersey home after pranksters placed a 911 call through a computer that cloned her number and said a man had killed four people and was holding another hostage in her house.
A woman in Houston, Texas, was arrested and jailed for 12 hours after she held up a make-shift sign to warn drivers about a speed trap.
Natalie Plummer was officially charged with walking in the roadway -- jaywalking, essentially -- though she says the police officers who arrested her were just angry that she had tipped off speeders.
Miss Plummer was riding her bicycle along a road near downtown Houston on Thursday when she spotted police officers pulling drivers over.
She told KTRK that it looked like the officers were targeting cars at random, so she recorded some the activity on her cell phone.
Then, she said, she turned around and wrote 'Speed Trap!!' in large letters on a piece of grocery bag to warn oncoming traffic.
'I was simply warning citizens of a situation ahead,' she told the TV station.
The officers didn't see it that way. Shortly after she took up her post, a squad car pulled up to Miss Plummer and an officer grabbed her backpack off her shoulder and began rifling through it.
Then, he handcuffed her and told her she was under arrested for felony obstruction of justice and that she would spent three to five years in jail, at minimum.
She ended up being charged with misdemeanor 'walking in the road where a sidewalk is present,' through she was in jail 12 hours before she was able to bail out.
Miss Plummer said she wasn't obstructing justice, and she wasn't in the roadway, either -- she was on the sidwalk.
'He couldn't take me to jail for holding up this sign or he would have. So all he could do was make up something fake about it,' she said.
The Houston Police Department wouldn't speak on camera about the arrest, but stood by the officer's report that she was walking in the road and a danger to herself and others.
A KTRK legal analyst says Miss Plummer should not have been arrested..
Read more: http://www.dailymail.co.uk/news/article-2165792/Natalie-Plummer-arrested-holding-sign-warning-drivers-police-speed-trap.html#ixzz1zD63fz68
OFF THE WIRE
PUB tycoons John Ibrahim and Mark Alexander Erber's plans to open a mega tattoo parlour in King's Cross could be foiled by the state's police chief.
Controversy has surrounded the development application since it was approved by the Sydney City Council a week before the O'Farrell Government's Tattoo Parlour Bill was passed in NSW Parliament.
The decision was also seen as a slap in the face to King's Cross Police who had written a lengthy written objection to the application.
At the time, NSW Police Commissioner Andrew Scipione said he was disappointed by the decision and was considering an appeal, but he has been reluctant to comment since.
Under the new tattoo parlour legislation, Mr Scipione has the power to prevent bikies and their associates from getting required licences to operate a body art business.
On Thursday night a spokesperson for Police Minister Mike Gallacher said the Ibrahim/Alexander-Erber application would be among the first sent to Mr Scipione's office.
"Both operators and employed tattooists will be subject to stringent probity vetting by NSW Police," they said
"Those who fail will not be granted a licence." http://www.ballinaadvocate.com.au/story/2012/06/29/police-could-stop-tattoo-parlour/
OFF THE WIRE POLICE have charged an allegedly armed bikie after he was nabbed in a dramatic peak-hour arrest on the Gold Coast Highway. The 27-year-old Mount Warren Park man was pulled over at Mermaid Beach about 4.30pm in a Holden Commodore after he was seen acting suspiciously on the road.
Officers allegedly found what appeared to be a loaded semi-automatic handgun, two grams of amphetamines and drug equipment in the car.
Police also allegedly found a Rebels bikie gxxg shirt and other items including computers and mobile phones.
The man was put into the back of a paddy wagon and taken into custody for questioning.
He has been charged with unlawful possession of a weapon, possession of dangerous drugs, possession of utensils and possession of things used in the commission of crime.
He is due to appear in the Southport Magistrates Court on July 13.
The incident follows two shooting on the Gold Coast in the last week.
In April, a Mermaid Beach tattoo parlour owned by senior Bandidos bikie gxxg member Jacques Teamo was peppered with bullets.
A week later, Teamo and a female shopper were shot at Robina Town Centre, allegedly by a Finks bikie gxxg member.
Police have applied to the Supreme Court to have the Gold Coast chapter of the Finks declared a criminal organisation. http://www.couriermail.com.au/news/queensland/armed-bikie-arrested-in-gold-coast-peak-hour-traffic/story-e6freoof-1226412570508
OFF THE WIRE A QUEENSLAND man and his young family have reportedly fled interstate to avoid three bikie gxxgs that are hot on their trail after $1 million worth of custom-made motorcycles went missing.Jeff Richardson, the owner of Harley-Davidson customising shop Chopperworks in Albion, Brisbane, is believed to be in hiding after his company went into liquidation earlier this week, the Gold Coast Bulletin reports.
The closure of the shop has infuriated scores of bikies including Gold Coast members of the Hells Angels, Bandidos and Rebels, whose Harley-Davidson motorcycles were in the workshop.
Sources told the Bulletin that Mr Richardson received death threats over the missing bikes and that he and his family were on their way to Victoria.
The Bulletin understands Victorian police have been put on notice.
Liquidator Peter Dinoris, from Vincents, confirmed outlaw bikie gxxgs were among the creditors.
He said he had been unable to locate Mr Richardson and that police were involved.
"Security guards have been engaged to assist with the protection of the assets of the company and those of third parties," he said.
Mr Dinoris said employees of the company had been let go and the business so far had debts of more than $500,000.
"I am co-operating with police to assist with identifying any items belonging to third parties," he said.
The company's computer files were missing, hindering and delaying investigations into the affairs of the company.
"At this stage it appears there will be a substantial shortfall of assets to liabilities," he said.
Sources said a number of bikes entrusted to the business could not be accounted for.
Mr Richardson is the director of several other companies linked to bikes and cars, including Parts-Pro Pty Ltd, which is in liquidation.
Police last night could not confirm rumours that bikie Taskforce Hydra was investigating the matter.
"Police are currently investigating a number of complaints in relation to an Albion business. As the investigation is continuing, it would be inappropriate to provide any further comment," a police spokeswoman said in a statement. http://www.heraldsun.com.au/news/more-news/young-family-on-their-way-to-victoria-to-flee-bikie-gangs-after-1m-worth-of-motorcycles-went-missing/story-e6frf7l6-1226412412944
Hundreds of Hells Angels motorcyclists from across the UK and Ireland have revved into South Wales for the club’s annual convention. About 400 leather-clad bikers descended on a Leckwith trading estate in Cardiff for the three-day gathering – thought to be the first time it has been held in Wales for a decade.
Clusters of gleaming motorcycles were parked on the site under Leckwith Bridge, as groups of burly bikers set up marquees and tents.
Concerns had been raised by some businesses after South Wales Police allegedly warned them to secure their properties ahead of the biker bash – a claim denied by officers.
Some traders had said they planned to hire private security costing thousands of pounds to help protect their properties over the weekend.
But the Hells Angels have dismissed the concerns, saying traders and their businesses are not at risk.
The group’s UK spokesman said police officers and Vale of Glamorgan council officials surveyed the site yesterday and were “happy” with the event.
The motorcyclist, nicknamed “Echo”, said: “There will be some music, food and brothers just enjoying each other’s company. This is the one time of the year where everyone is able to get out together.”
The Cardiff faction of the Welsh Hells Angels has been heavily involved in planning the event, which took about six months to organise.
Echo, who is involved in the Cardiff club, said: “It’s an absolute pleasure to organise a big party for all our brothers. There’s a lot of hard work, but that’s what we do.”
Officers allegedly called at the Leckwith Quay trading estate, which holds about 20 small businesses, on Tuesday to inform workers of the Hells Angels gathering.
One business owner on the Leckwith site said South Wales Police told them there would only be two officers available to police the Leckwith event over the entire weekend.
Vale of Glamorgan council said earlier this week that it had not received any licensing applications or notices for an event this weekend at the Leckwith Business Hub.
The Hells Angels spokesman said he was unaware of any licensing issues with holding the private event on the rented site.
He said: “The police were here. They are happy were everything and so is the council – so it’s party on.
“We know how to organise a party. We do this every year so we are well-versed in arranging these things. As far as we’re concerned we just want people to leave us alone and allow us to have a good time.”
The bikers plan to ride over to Porthcawl today before heading back to their camp site.
The club also hopes to raise some money for charity by holding a bucket collection.
Read More http://www.walesonline.co.uk/news/wales-news/2012/06/30/hells-angels-arrive-in-cardiff-for-annual-convention-91466-31290212/#ixzz1zEZkqfwG
OFF THE WIRE
Not sure you got this.
I think it is good news as far as it goes, But it also raises some questions.
Where has the money gone in the past and where is it going now.
Is a breakdown of what each state received and how it was spent available.
The bill continues the grant program that was designed and implemented into law in 2005 by the Motorcycle Riders Foundation (MRF), along with many State Motorcycle Rights Organizations (SMROs). Since 2005, the program has infused over $46 million dollars directly into the motorcycle safety community. By law, the cash can only be used on rider education and motorist awareness campaigns. The new program continues this tradition.
I am concerned about how these funds are actually being spent.
Highway Bill Nears Completion
The Motorcycle Riders Foundation reports that an agreement has been reached on the much anticipated Highway legislation. The Conference Report has been agreed upon and is expected to be on the floor of the House and Senate for a vote Friday, June 29th.
The reauthorization of surface transportation programs through fiscal 2014 is expected to cost roughly $120 billion, $11 billion more than the $109 billion Senate-passed legislation that would have run only until the end of fiscal 2013.
The 600 page bill comes just in the nick of time, as the latest extension expires at the end of the month.
Unfortunately, due to technical germaneness issues, the language of NR 904 did not make it into this bill. Not for lack of effort on our part, that is for sure. We will continue to advance HR 904 on its own. It already has 51 cosponsors as of press time.
What did make it into the bill is very positive for motorcyclists. First, the bill has no mention of the word "helmet", whatsoever.
Second, the grant program that sends money to the States for motorcycle safety has been extended. This time it is not a specific dollar amount but a percentage of each State's federal safety dollars that must be spent on motorcycle safety. The best part is that the money can only be spent on rider education and awareness campaigns. None of this money can be spent on roadside checkpoints or helmet law campaigns - just simple education and awareness. The stuff we know that works.
The House and Senate are likely to vote on this bill as early as Friday, June 29th.
Call your elected officials and ask them to vote this bill out favorably.
You can reach the US Capitol switch board at 202-224-3121.
France on Sunday will become the first country to require all drivers, including tourists, to carry hand-held breathalyzers in all vehicles — a move to help the wine-loving country crack down on drunken driving.
The law takes effect July 1 and was approved in March 2011. It is aimed at convincing drivers to check their blood alcohol level before starting their vehicles.
The law is being watched closely by auto safety advocates in the United States. In the U.S., 10,228 people were killed in 2010 in alcohol-related crashes, down 4.9 percent over 2009
France had about 4,000 road deaths in 2011, down from 16,000 annually in the early 1970s. Nearly 30 percent of road deaths in France are alcohol-related — or about 1,150. That's about the same percentage in the United States.
Fines for not carrying one are small — 11 euros — or about $14 and begin in November. France has also instituted stricter drunk driving laws and tougher penalties in recent years.
France requires drivers to carry a first-aid kit, fire extinguisher and spare light bulbs for headlamps.
On Friday, the American Beverage Institute, representing more than 8,000 restaurants, opposed a measure to expand research on alcohol ignition interlocks that could one day prevent drunken drivers from starting their vehicles.
The highway bill approved by the House and Senate Friday funds the Driver Alcohol Detection System for Safety, a federal program working to create alcohol detection systems for installation as standard equipment in all cars.
The bill appropriates $5 million in additional funding over two years for the research program.
In addition to funding alcohol-detection device research, the highway bill agreement sets aside $20 million in grants from the Department of Transportation to incentivize states to pass laws requiring ignition interlocks, in-car Breathalyzers, as punishment for first-time drunken drivers.
"The House and Senate should amend the interlock provisions of the highway bill to apply only to the high-BAC and repeat drunk drivers who cause the vast majority of alcohol-impaired fatalities," said Sarah Longwell, ABI's managing director. dshepardson@detnews.com
(202) 662-8735
From The Detroit News: http://www.detroitnews.com/article/20120629/AUTO01/206290424#ixzz1zDjlDlz0
http://www.thenewspaper.com/news/38/3831.asp
Fourth Circuit US Court of Appeals delivers rebuke to judge who convicted a man based on a visual estimate of speed.
It is absurd to think a police officer can look at a car on the highway and know its speed with enough precision to perform a traffic stop, the Fourth Circuit US Court of Appeals ruled Tuesday. Deputy James Elliott had pulled over motorist Sean C. Sowards by looking and guessing that it was traveling 75 MPH on Interstate 77 in North Carolina, where the speed limit is 70 MPH. Elliott had a radar gun in his patrol car, but he did not use it.
At trial, Elliott testified his certification to use radar in the state included a visual speed estimation test. He admitted one of his estimates was off by 12 MPH, but he still passed the course.
"There's not really a technique," Elliott explained in court. "I've been measuring speeds all my life.... There's no guessing about it. It's an estimation based on tracking history and my training and experience."
The deputy tripped up when the prosecutor asked Elliott how far away Sowards's vehicle had been when Elliott began that tracking history. Elliott testified he saw the car 100 yards away.
Prosecutor:
And how many feet are in a hundred yards?
Elliott:
There's 12 feet in a yard.
Prosecutor:
So 300 feet?
Elliott:
Correct.
Judge:
How many feet are in a yard?
Elliott:
How many feet? There's 12 feet in a yard.
Court:
Well, do you know what a yardstick is?
Elliott:
Yes, sir.
Court:
How many inches in a yardstick?
Elliott:
Well, on a yardstick there's 12 inches. Well, it depends on the yard stick that . . . you have.
Elliott went on to insist that he could estimate a car's speed without needing to estimate the distance it traveled. After hearing the case, a lower court refused to throw out the traffic stop as invalid.
"Officer Elliott had probable cause to believe a traffic violation had occurred based on speed," US District Court Judge Richard L. Voorhees ruled. "He's trained to estimate speeds. His difficulty with measurements is immaterial to his estimate of speed as that did not depend on time or distance."
As a result, Sowards was convicted for possession of the drugs that were uncovered as a result of the traffic stop. Though he has already served his time in prison for this case, he appealed on the grounds that the traffic stop itself had been illegal. The appellate panel majority agreed.
"It was clear error for the district court to find that Deputy Elliott's 'difficulty with measurements is immaterial to his estimate of speed as that did not depend on time or distance,'" Judge James A. Wynn, Jr. wrote for the majority. "This finding rings absurd because one cannot discern the speed of a vehicle measured in miles-per-hour without discerning both the increment of distance traveled and the increment of time passed."
The Fourth Amendment requires reasonable suspicion, a standard not met with a guess regarding the slight excess in speed claimed. To find otherwise, the majority argued, would be to allow police to pull anyone over for any reason, since the courts already overlook subjective motivations of officers.
"In the absence of sufficient additional indicia of reliability, an officer's visual approximation that a vehicle is traveling in slight excess of the legal speed limit is a guess that is merely conclusory and which lacks the necessary factual foundation to provide an officer with reasonably trustworthy information to initiate a traffic stop," Wynn wrote.
The court also noted that an Ohio Supreme Court decision that had upheld the use of visual speed estimation was swiftly overturned by the state legislature.
A copy of the decision is available in a 350k PDF file at the source link below.
Source: US v. Sowards (US Court of Appeals, Fourth Circuit, 6/26/2012)
Planning on chugging down icy brews in Dolores Park this weekend? Recent crackdowns by the San Francisco Police Department have made Sunday beer-sipping a little more difficult, with penalties ranging from being forced to water the lawn with your precious beverage all the way to a citation. Now, your minor deviance could even contribute to research funded by the Department of Defense.
The Defense Advanced Research Projects Agency (DARPA) is responsible for doling out millions for research that, according to an agency mission statement, will "prevent strategic surprise from negatively impacting U.S. national security." Their latest project, titled Good Stranger, involves S.F.'s finest — and, quite possibly, you.
In April 2012, researchers started tagging along with SFPD officers on their beats, recording video and audio of police interacting with the locals. This data is compiled for studies at the Stanford Research Institute and UC Santa Barbara that, according to Dr. Brian Lande, DARPA program manager, aim to examine the "interaction skills" people use to "make sense of and orient toward unfamiliar people, relationships, and social settings."
DARPA plans to use the recordings in the development of a military training simulator that will use artificial intelligence to read and react to a trainee's body language and facial expressions. DARPA is dumping $32.5 million into Good Stranger and related projects; the agency states that the training module will eventually be cheaper than arranging live role-players to train soldiers.
The SFPD insists all this only sounds a little Big Brother-y. "The point is to observe the officers' behavior," says Sgt. Michael Andraychak, who assures us that the research doesn't encroach on civilians' privacy. He also says, less comfortingly: "You have no expectation of privacy in a public space."
DARPA hopes to learn how officers react to language barriers and cultural differences, and how their responses can de-escalate potentially volatile interactions. Andraychak says SFPD is "honored" to have been selected, and the departments will get more than just bragging rights — they'll eventually receive one of those artificial intelligence training modules of their own.
Although you may have already unwittingly donated your body language to federal science, it's possible to opt out in the future: If you notice someone filming you during your next traffic stop, you can request that the camera be switched off. Researchers are also banned from filming on private property. Dr. Lande adds, "The identities of those who participate ... are to be anonymized and held confidentially." However, the videos may be subpoenaed in court if they're thought to document a crime, and the researchers themselves may be called as witnesses.
Geoffrey King, a local civil liberties lawyer who lectures on digital privacy law at UC Berkeley, notes, "Efforts to reduce uses of force are of course important and laudable," though Good Stranger "raises serious privacy questions." King encourages those filmed to file open government requests to procure any information gathered about them.
So sip surreptitiously, park drinkers — unless you'd like to set the standard of good stranger behavior for future soldiers.
OFF THE WIRE PA: http://thedailyreview.com/news/motorcycle-strikes-car-in-north-towanda-1.1336015 Motorcycle strikes car in North Towanda BY JAMES LOEWENSTEIN (Staff Writer) NORTH TOWANDA TOWNSHIP - A male was transported to Robert Packer Hospital in Sayre Wednesday after the motorcycle he was operating struck a car at the intersection of James Street and Hawes Lane in North Towanda Township, police said. The accident occurred at approximately 12:15 p.m. as the motorcyclist, who police have not yet identified, was traveling east on James Street, state Trooper Moser said. At that time, Marlene Niemiec of Towanda, who was operating a Cadillac Coupe Deville sedan, was traveling north on Hawes Lane, Moser said. As Niemiec made a left-hand turn from Hawes Lane into the westbound lane of James Street, her vehicle was struck by the motorcycle, police said. Motorists traveling north on Hawes Lane must stop for a stop sign when they reach the intersection with James Street. There are no stop signs at the intersection for motorists traveling on James Street. A witness said that Niemiec did stop for the stop sign, according to Moser. "She (Niemiec) claims that she didn't see the motorcycle" before pulling out onto James Street, Moser said. Moser said he was still investigating the accident, and had not had a chance yet to talk to the motorcyclist and that he did not know how severe the motorcyclist's injuries were. Moser said he was told by a firefighter that the motorcyclist had a shoulder injury, but did not know if he had other injuries. Gerald Sheets, an assistant chief with the North Towanda Volunteer Fire Company, said he did not think the motorcyclist's injuries were life-threatening. Niemiec "claims that she was not injured," Moser said. Both the motorcycle and the sedan had to be towed
FOR IMMEDIATE RELEASE
The MMA Asks, "Can the Massachusetts Legislature be held liable for Right-of-Way Violations?"
For almost 2 years, the Massachusetts Joint Committee on Transportation has been sitting on Senate Bill 1797, (An Act relative to increasing the civil fines and financial responsibilities and criminal penalties of motorists who violate the right of way of other motorists, motorcyclists, bicyclists and/or pedestrians, resulting in serious bodily injury and/or death). Sponsoredby Senator Bruce Tarr, this bill has 14 formal co-sponsors, has been endorsed by other legislators, numerous Chiefs-of-Police, Fire Chiefs, Sheriffs, The Massachusetts Chiefs-of-Police Association, and literally thousands of signatures on petitions submitted to the committee. Yet after public hearings, victim impact letters, and a variety of other appeals, this bill still sits incommittee “for further study”.
Since the State declined the opportunity to act on the Bill and the Session’s Summer hiatus is nearly upon us, which effectively renders the remaining Legislative Session lame, can the State Legislature be held liable for a failure to act? Should the Joint Committee on Transportation be accountable as a co-defendant for allowing aggressive driving to continue unchecked? The Massachusetts MotorcycleAssociation (MMA) thinks this would make an interesting test case for anattorney willing to try it.
Since this Bill has been assigned to “Study” on June 1, 2012, Massachusetts has seen at least 5 additional motorcycle fatalities directly related to Right-of-Way (RoW) violations. Actual RoW fatalities may in fact be higher since the MMA only tracks motorcycle statistics. These RoW fatalities and injuries include June 26 Foxboro (1 dead, 1 in medically induced coma), June 18 Boston (1 dead), June 11 Springfield (1 dead, 2 injured), June 8 Westfield (1 dead), June 8 Gloucester (1 dead). In each of these cases, at a minimum, the motorist at-fault was issued a “Failure to Yield” citation.
The MMA asks to what degree the Massachusetts Legislature is culpable regarding thesedeaths and injuries. Noting that the apparent “No-Cost to the Commonwealth” Bill was chiefly ignored, inaction needs to be explained and challenged. In fact, because this Bill seeks to increase the penalties associated with these infractions and could increase funds available to the Commonwealth while leveraging existing law and existing enforcement techniques, one asks again, “Why the Study Recommendation?” What is left to study?
The thousands of Petition signers, Police and Fire Chiefs, Sheriffs, Senate and Representative Sponsors, and victims and families ask why Massachusetts Legislators chose not act on this initiative?
OFF THE WIRE
By Associated Press BOGOTA, Colombia — Colombia’s Constitutional Court has ruled that people cannot be jailed for possessing cocaine and marijuana for personal use.
The decision ratifies a previous Supreme Court ruling that said people cannot be jailed for possession of a so-called personal dose. A 2009 law placed the dose at up to 20 grams of marijuana and one gram of cocaine.
Thursday’s ruling came in a challenge to a 2011 citizen’s security law that specified persons found with up to 1 kilogram (2.2 pounds) of marijuana or 100 grams (3.5 ounces) of cocaine should be punished with at least 64 months in prison.
While striking down that provision, the court did not mention a quantity acceptable for personal use.
Chief prosecutor Eduardo Montealegre said Friday that the decision does not amount to drug legalization.
Kathryn Johnston was doing pretty well until the night the police showed up. Ever since her sister died, Johnston, 92, had lived alone in a rough part of Atlanta called the Bluff. A niece checked in often. One of the gifts she left was a pistol, so that her aunt might protect herself.
The modest house had burglar bars on the windows and doors; there had been break-ins nearby.
Eight officers approached the house, and they didn’t knock. The warrant police obtained, on the basis of a false affidavit, declared they didn’t have to — the house where their informant had bought crack that day, the affidavit said, had surveillance cameras, and those inside could be armed. Because they couldn’t kick down the security gate, two officers set upon it with a pry bar and a battering ram in the dark around 7 p.m. on Nov. 21, 2006.
Burglars, Johnston probably thought, or worse — an elderly neighbor had recently been raped. No doubt she was terrified. That is why, as the cops got closer and closer, she found her gun. And why, as the door was opening, she fired one shot. It didn’t hit anyone. But it provoked a hail of return fire — 39 shots, 5 or 6 of which hit her (and some of which struck other policemen). By the time the officers burst inside, Kathryn Johnston lay in a pool of blood.
Waiting outside, in the back of a police van, was the small-time dealer who told the police there were drugs in the house. He did so under pressure: earlier in the day, three members of the narcotics team, working on their monthly quota of busts, rousted him from his spot in front of a store. Tell us where we can find some weight, they said, or you’re going to jail. The dealer climbed into a car with them and, a few blocks away, to save his own skin, pointed out Kathryn Johnston’s house — it stood out from the others on the block because it had a wheelchair ramp in front.
How did the dealer feel as he watched the home invasion, heard the fusillade of shots? And, inside the house, how long did it take for the police to realize their grave error and for some of them to decide to handcuff a fatally wounded woman and plant drugs in order to cover it up?
Alex White was at his mother’s house several miles away that evening. She called him downstairs when she heard the news on TV, using a nickname from his childhood (it was the way he first pronounced his own name): “Alo, a bunch of police got shot. Come and see.”
White went in the living room and sat next to her. The reporter said the shootings had taken place on Neal Street. White knew it was in the Bluff, where he bought and sold drugs. Earlier that evening, in fact, the Atlanta narcotics police for whom he worked as a C.I., or confidential informant — a snitch — asked him to go to the Bluff and buy drugs. His car was in the shop, so he had to say no. His mother knew none of this.
Upstairs at his mother’s house, he had already received a call from J. R. Smith, one of the officers from the unit. Smith sounded tense. “Hey, you got to help us out with something,” White told me Smith said. (Smith did not respond to a request for an interview.) White said sure. He tried to be helpful to the police, do what they asked — willingness was one reason he was their most trusted informant for four years running. If White could help cover for them, Smith said, there would be good money in it for him.
“You made a buy today for us,” Smith explained. “Two $25 baggies of crack.”
“I did?” White asked. It took him a moment to register. “O.K. Who did I buy it from?”
“Dude named Sam.” Smith described the imaginary seller, told how Sam had taken his money then walked White to the back of the house and handed him the drugs as Smith and a fellow officer, Arthur Tesler, watched from a car across the street.
“O.K.,” White said. “Where?”
Smith said: “933 Neal Street. I’ll call you later.”
Now in the living room, the TV reporter was saying how a 92-year-old woman had died in the incident, and people were suggesting that the police had shot her. Two and two came together in White’s mind. They did it, he suddenly knew. They messed up. They killed that old lady. Now his heart pounded as the implications became clear. And they want me to cover for them.
(Page 2 of 10)
White had lived near the Bluff, a neighborhood of Atlanta infamous for drugs and crime, for a year or so. Its residents are almost all black and poor. There are no row houses here, nor high rises; the housing stock is seldom more than two stories tall. Streets of small, well-kept houses alternate with streets full of junk-strewn, overgrown lots, abandoned houses and apartment buildings with broken windows and dirt instead of lawns. There is little that says money and much that says despair: semiabandoned commercial strips with hand-painted signs, bodegas with few products and fortified cashier booths, pit bulls on chains, groups of men hanging out on corners and behind car washes and outside probation centers, drinking beer or selling drugs. Police cars, often with lights flashing, are ubiquitous, but I never saw a police officer on foot. A stark contrast are the nearby enclaves belonging to prosperous black colleges like Spelman, Morehouse, Clark Atlanta University and Morris Brown College, their grounds immaculate and, to the local poor, effectively off-limits.
White, who is 30, is a big man, almost six feet tall, about 235 pounds, with a mustache, an easy smile and a gold incisor. (Girlfriends have noticed a resemblance to the rapper Nelly.) Inwardly suspicious, he is outwardly gregarious, charismatic and upbeat. He will happily shake your hand and immediately start in with what’s on his mind, looking away while speaking in the manner of an N.F.L. coach on the field who doesn’t want the camera to see what he’s saying; it’s confidential. Often his ideas have to do with making money; White is a natural-born hustler. Native to the Atlanta metro area, he grew up partly in Decatur, just to the east, and partly in what was the sprawling Bankhead Courts housing project, a 20-minute drive west from the Bluff.
Drugs, police and the questions of loyalty that arise when the two cross paths have been part of his social landscape since he was a child. One of his earliest memories is from age 9. “One day there’s an old-school dealer, about 40, named E. T., selling crack,” White told me in one of our many conversations over the last 15 months. “He kept his stash in a purple cup [from] Kentucky Fried Chicken. . . . I remember that cup plain as day. The police drove up, arrested him — they must have just had somebody do a buy from him — and put him in the car. I was standing around. They asked me what I was doing there. I said, ‘Nothing.’ ”
In fact, White had seen where E.T. was hiding the KFC cup in a pile of garbage nearby. Somehow the police knew to pressure White and, pretty quickly, he gave the dealer up. “Right then and there, I knew I screwed up — I screwed him,” he said. “But at that age, you don’t know how to lie to the police.” White was scared to see the dealer after that — until E.T. told him it was O.K., everybody makes mistakes when they’re young.
Though White doesn’t paint his family as impoverished, clearly there wasn’t much money to go around. His dad, a quiet, mild man, worked only sporadically, laying carpet, while his mom, who received a Social Security disability check for a nerve problem, took care of him and his younger siblings — Calandra, who’s now 28, and Kevin, who’s 18. When Calandra started having children at 16, his mother cared for them, too. “In the hood, it’s a struggle,” White said. “Your mom get a check at the end of the month, and ain’t $20 left three days later. There was money for what we needed but not for what we wanted.”
What he wanted would cost more than he could make at McDonald’s, where he worked briefly as a teenager. White hit the street to make up the difference. “He was always coming up with something new,” Trel Burnstine, his longtime friend, said. “He was always hustling, and I respect that, always the businessman. He would sell you anything.” He added: “Big-screen TVs (I still have one), cases of liquor, stuff stolen out of the back of trucks. He’s the ultimate hustler. He could flip anything.”
Thousands of marijuana plants with a street value estimated to be worth around $10 million have been uncovered and a suspect is in custody after a raid of a massive pot farm near a Northern California regional park, authorities said Friday.
A drug eradication team of Santa Clara County, Santa Cruz County deputies and state game wardens found 3,400 marijuana plants growing in a remote area near Madonna County Park, outside of Gilroy, Thursday afternoon, said Santa Clara County sheriff's Sgt. Jose Cardoza.
During the raid a suspect, identified as Alvaro Sanchez, 24, was shot by a member of the law enforcement team when he and another man, both armed with rifles, returned to the marijuana garden while the drug team was at the grow, Cardoza told the Monterey Herald (http://bit.ly/OJIOL1).
"They did pose a threat to the deputies and they did brandish their weapons," Cardoza told the newspaper.
Sanchez fled into the nearby forest, but was captured later Thursday by a SWAT team after he called emergency dispatchers to report he had been shot.
Sanchez has been arrested on suspicion of assault with a deadly weapon and other charges. He was booked into Santa Clara County jail Friday evening after being released from a hospital, Cardoza said.
A second suspect was also spotted at the marijuana garden, but has escaped capture.
The area where the marijuana garden was discovered is outside of Madonna County Park, a 3,688-acre oasis about 10 miles west of Gilroy, or about 80 miles south of San Francisco.
Friday, June 29, 2012
VFW STATE COMMANDER & PRESIDENT’S
SPECIAL PROJECT RUN
Sunday, September 9th
USS Jacob Jones, VFW Post 2017
84 Eastern Ave, Dedham, MA 02026
All proceeds to benefit NEADS (National Education of Assistance Dogs for Service) & Vietnams Veteran Education Center at "The Wall"
Everyone Invited. Buffet/Cookout, Live Band, Raffles, Good Company & Fun for Everyone!
$20 per person (Walk-in, Rider or passenger) Pre-register and save $5
Registration: 9:30am – 10:45am. Kickstands up at 11am sharp.
Come join us on an escorted ride through some of the most beautiful back roads
and support these wonderful causes for Veterans!
Any questions, please call Jeri at (508) 337-9344 or Maureen (781) 545-3702.
* Save $5 and pre register - Send check to: VFW Post 2017, 84 Eastern Ave, Dedham, MA 02026
Dangerous drivers will get special attention by the Long Beach Police Department Saturday as officers launch a "Motorcycle Safety Enforcement Operation." An increased number of officers will patrol roadways where motorcycles travel often and where collisions are likey to happen. Officers will also be on the lookout for vehicles breaking traffic rules and reckless driving. The operation comes only a few months after Long Beach resident Mark Alonso, 51, was killed while riding a Piaggio Scooter after he was hit by a truck on the Pacific Coast Highway near the Traffic Circle in Long Beach. However, motorcycle accidents and injuries have actually been decreasing in past years, according to a statement by police, bucking a decade-long statewide trend in which California saw a 175 increase of motorcycle deaths from 1998 - 2008. Since then, the numbers continue to decrease, with only five motorcyclists killed and 132 injured in Long Beach in 2010, according to a police statement, which is down from previous years. "The terrible trend of rising motorcyclist fatalities has been reversed, though there is more that everyone can do to save more lives,” said California Office of Traffic Safety Director, Christopher J. Murphy, in a statement. “Riders and drivers need to respect each other and share the road." Drivers are encouraged to use safe practices such as looking out for motorcycles when turning or changing lanes, not speeding and of course, being sober behind the wheel, all of which have been shown to be major causes of motorcycle collisions, according to a statement by police. Some of the reduction may also be due to a drop in licensed riders, according to the police department. A lack of safe driving skills is especially important on motorcycles, which provide less protection from the road than traditional modes of transportation, like cars. The California Motorcyclist Safety Program provides training and information for motorcycle riders. For more information, click here or call 1-877-RIDE-411 or 1-877-743-3411.
OFF THE WIRE
MEMBERS of the Nomads outlaw motorcycle gxxg will take their fight against the state government's new consorting laws to the High Court if necessary, claiming the legislation breaches the constitutional right of all Australians to associate with people of their choosing.
Four members of the Nomads, including Sydney boss Jamie Zammit and his deputy Sleiman Tajjour, are the first to be charged under the laws, which have a three-year jail term for anyone caught communicating with convicted criminals.
They faced court yesterday, where pleas of not guilty were entered on their behalf.
Announced by the Premier, Barry O'Farrell, earlier this year, the laws were passed in April and were swiftly used by NSW Police, particularly by the anti-bikie Strike Force Raptor and Strike Force Kinnarra, set up in response to a rise in gang-related drive-by shootings in Sydney.
The legislation is separate from the anti-bikie laws thrown out by the High Court last year, but in effect prohibits anyone associating with criminals in person, via phone, email or Facebook.
The laws require police to caution those they believe are consorting at least once, before a charge can be laid.
Strike Force Raptor police claim they warned several high-ranking Nomad members for consorting in Merrylands on April 20, during a vehicle stop at Bella Vista on May 1, and again at a CBD cafe on May 2 this year.
On May 10, police attended a Pemulwuy address where they arrested Mr Zammit, 30, and 31-year-old Mr Tajjour. Five days later, Mr Tajjour was arrested again, this time in the company of Justin Hawthorne, 21. The same day, David Brannan, 25, was also charged.
The Herald understands that among the allegations, Mr Zammit, Mr Tajjour and Mr Brannan are accused of ''consorting'' with one another at the Merrylands home of the Ibrahim family matriarch, Wahiba.
The mother to nightclub boss John, Mrs Ibrahim has cancer, and the trio are understood to have claimed they were visiting her because she was gravely ill. Mr Tajjour is also a cousin of the Ibrahim brothers. http://www.caseyweeklyberwick.com.au/news/national/national/general/bikies-vow-to-take-case-to-high-court/2606115.aspx
OFF THE WIRE
AUSTRALIA'S leading police figures will strategise with their New Zealand counterparts on how to combat ongoing bikie violence.
South-east Queensland and Sydney have been hit by outlaw motorcycle gxxg violence in recent months with relentless tit-for-tat attacks and gxxg rivalries spreading into the public domain.
At the Standing Council on Police and Emergency Management bi-annual meeting in Melbourne on Friday, police ministers and commissioners will share intelligence and strengthen cross-jurisdictional ties with bikie violence high on the agenda.
Queensland Police Minister Jack Dempsey said governments needed to fight cross-border crime seamlessly.
"Criminals know no borders," he said.
The meeting follows simmering bikie tensions in Queensland, including the Bandido and Finks-related double shooting at Robina Town Centre in April.
While not experiencing the same level of bikie violence as Australia, New Zealand has its fair share of gxxg activity.
A spokesman for the New Zealand Police said the bikie violence in Australia had not been replicated in New Zealand.
"This is due in part to organised crime, including the manufacture and supply of methamphetamine, being an important focus for the OMCG's here," he said.
"This has seen alliances being forged between the gxxgs in order to facilitate this criminal activity."
New Zealand police have seen the Bandidos, a club with a presence on the Gold Coast, attempt to get a foothold in their country where the Hells Angels and Rebels already have chapters.
"NZ Police and other law enforcement agencies co-operate closely with their counterparts in Australia in (the area of cross-border relationships)," the police spokesman said.
"However, we have also seen a decline in NZ OMCG's associating themselves with Australian clubs in order to become more attractive to prospective members."
The SCPEM meeting will also look at strengthening disaster recovery partnerships.
Following last year's devastating Christchurch earthquake, 70 members of the Queensland Fire and Rescue service were deployed to help with the recovery effort. http://www.frasercoastchronicle.com.au/story/2012/06/28/police-team-nz-against-bikies/
OFF THE WIRE The New South Wales Government is staring down a legal challenge against new laws which stop people from associating with convicted criminals.ABC News revealed on Wednesday that the Nomads bikie gxxg is planning to fight the legislation as far as the High Court.
The laws carry a maximum three-year jail term for anyone caught communicating more than once with convicted criminals in person, by phone or over the internet.
Four bosses and associates of the Nomads gxxg are the first to be charged under a test case for the legislation.
They include the club's Sydney president, Jamie Zammit, and senior member Sleiman Tajjour, who is a cousin of Kings Cross identity John Ibrahim and an alleged target of the gun violence that sparked the laws earlier this year.
The four men are fighting the charges. Three of them pleaded not guilty in court yesterday.
A lawyer for the United Motorcycle Council, Wayne Baffsky, says other clubs are also investigating a challenge.
"[The laws] attack people for who they are rather than for anything they've done and they're going to affect ordinary citizens at some point in time, rather than people who have been given the title of bikie," he said.
NSW Attorney-General Greg Smith is confident the legislation will withstand a challenge.
"The new consorting law is proving an effective weapon against bikie gxxg members," Mr Smith said.
"That shows that the O'Farrell legislation is working, that we've cracked down on these criminal gxxgs involved in drive-by shootings and other criminal activities.
"We've cracked down on their use of tattoo parlours, on their use of colours. We want to protect the community and the community has to be protected.
"Any constitutional or other challenge will be strenuously met and opposed."
Mr Baffsky was behind a successful High Court challenge last year against NSW laws aimed at outlawing bikie gxxgs.
He says the latest battle will be tougher.
"There's really no obvious way of challenging this law," he said.
"With the Criminal Organisations Control Act, there was a lot to work with but in this case there's only three sections and there's nothing obvious about any of the sections which can be challenged.
"On the other hand, somebody else might see something that I haven't and might be able to move forward with it."
The new challenge is being mounted by 25-year-old David Brannan, one of the Nomads associates accused of consorting.
Brannan's solicitor, Ben Archbold, is expecting others to join the legal battle.
He says all avenues will be pursued, including a High Court challenge on the grounds the laws encroach on the right to freedom of association.
The ABC understands that among the allegations, Brannan is accused of meeting with Zammit and Tajjour at the home of Sydney's Ibrahim family and again two weeks later at the Downing Centre court complex cafe.
The group plans to argue they were visiting Ibrahim's mother, Wahiba, at her Merrylands home in Sydney's west because she was ill with cancer.
Simon Joyner, the lawyer for Tajjour and the other co-accused Justin Hawthorne, says his clients want to defend the charges as far as they can. http://www.abc.net.au/news/2012-06-28/nsw-government-will-fight-bikie-laws-challenge/4097304
OFF THE WIRE
The Hells Angels Motorcycle Club has vowed to fight any gxxg-patch bylaw the Wanganui District Council passes.
The Angels' lawyer, Steven Rollo, speaking at the council's submissions hearing for its draft gxxg insignia bylaw, said if the bylaw was passed it would be "challenged and challenged and challenged".
"It will be challenged for many years to come. When all legal avenues have been explored and the bylaw is left standing, other avenues will be used to challenge it," Mr Rollo said.
He told councillors the bylaw breached the Bill of Rights and was disproportionate to the size of Wanganui's gang problem. "It is a sledgehammer attempting to smash a very small nut."
Mr Rollo also argued that the bylaw had little community support and that violence against innocent people would increase if it was passed.
"The incidents of people being attacked for wearing the 'wrong' colour clothing will increase, because the importance of the colour of clothing will become greater to the gxxgs."
Mr Rollo noted the small number of public submissions to the draft bylaw.
"There hasn't been a flood of submissions - there's been six, including three from schools who were invited to make a submission. In terms of submissions, there's seems to be little support for this bylaw."
Mr Rollo was one of two submitters who spoke at yesterday's hearing.
Whanganui police officersattended, as well as Hells Angels minus their patches.
Deliberations on the submissions were to be included in yesterday's hearings. However, the council decided to adjourn deliberations until later because councillors wanted more information on aspects of the submissions.
Mayor Annette Main said the meeting would be attached to a regular council meeting.
It is the council's second attempt to pass a gxxg insignia bylaw. The first bylaw, which was introduced in September 2009, was declared invalid in the High Court after a judicial review was sought by a Hells Angels member. http://www.wanganuichronicle.co.nz/news/patch-ban-will-spark-violence/1434315/
OFF THE WIRE agingrebel.com
There was an error in a story published here two days ago. The story was titled “Southern Nevada COC Sues Vegas Metro.” You can read a corrected version of the story here.
The original version of the story stated:
The Error
“In August 2011, a biker named Robert Barreto, Jr. honked his horn at and flipped off the driver of a green car after that car failed to proceed through a controlled intersection in Las Vegas when the light turned green. Afterward the driver ‘tailgated Plaintiff Barreto for some distance and appeared visibly upset. As a result, Plaintiff pulled into a Circle K convenience store in order to avoid further confrontation, however, the green vehicle followed him there.’
“The driver of the green car as ‘off duty Officer Darren Walker, who was wearing plains clothes, drew his weapon and pointed it at Plaintiff. Plaintiff yelled for help. Officer Walker ordered Plaintiff to the ground and identified himself as a police officer. Officer Walker ordered Plaintiff to put down the knife, but Plaintiff was not carrying one. Officer Walker called 911 and additional officers arrived on the scene. Plaintiff was unjustifiably arrested and taken into custody even though he was not carrying any weapons.’”
The story implied that Barreto is a party to the suit.
Barreto is not a party to the lawsuit and The Aging Rebel apologizes to Mr. Barreto for the error.
How And Why
Last night this page was told by Stephen P. Stubbs, the attorney representing the Southern Nevada Confederation of Clubs and the other plaintiffs:
“Your story was based on an erroneously filed complaint. My staff accidentally, initially filed the wrong document. After the error, the correct complaint was filed immediately after and a motion to strike was filed to remove the erroneous filing.”
The story was corrected this morning to reflect the revised filing.
Stubbs Speaks
When asked to comment for this correction Stubbs said:
“Since September 2011, we have been talking with law enforcement in an attempt to correct the unconstitutional behavior. They were unwilling to correct anything. After being challenged by Detective Joseph Gagliardi to file a civil lawsuit, we are happy to oblige him.”
“This case is about protecting the Constitutional rights of all bikers, regardless of which patch you wear.”
“In the words of the Beastie Boys: ‘You got to fight for your right to party!’ We want to make sure that bikers can frequent any establishment where the owners welcome them. Property owners should dictate their own customers, not law enforcement.”
A former Las Vegas police officer accused of stopping female drivers while on duty and coercing them into exposing their breasts pleaded guilty to two misdemeanors Monday.
John Norman, who resigned earlier this month from the Metropolitan Police Department, told Judge Melisa De La Garza he was guilty of oppression under the color of office and open or gross lewdness.
A sentencing hearing was set for Oct. 30 before Judge Abbi Silver. Norman faces probation or up to two years in jail. He will be required to register as a sex offender.
As part of a deal, prosecutors dropped six other counts against Norman. Also, if Norman successfully completes the sentencing obligations, the open and gross lewdness charge would be dismissed and replaced with another count of oppression under the color of office, and his sex offender registration would be expunged.
Allen Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, said Norman appeared to have gotten a "sweetheart deal." Lichtenstein questioned the part of Norman's plea that would enable him to have his status as a sex offender expunged if he completes his sentencing obligations.
"It certainly raises questions whether a police officer was given a break," Lichtenstein said. "One could argue because of the power we give police officers, they should be held to a higher standard. ... It sounds like a sweetheart deal for him."
Bill Sousa, a criminal justice professor at the University of Nevada, Las Vegas, said that nationally, cases such as Norman's are uncommon. He said when those kind of allegations are made against officers, they tend to grab headlines.
"It's the type of thing that is very sensational," Sousa said. "Misconduct comes in all sorts of forms. But that specific type of activity is extremely rare."
Authorities said Norman in 2011 pulled over two women in separate traffic stops and compelled them to show their breasts. He also is accused of fondling one of the women.
Allegations of misconduct also were made against Norman by two other women. Those allegations were investigated but did not rise to the level of crimes, police said.
According to Norman's arrest report, a woman on Dec. 28 reported to police that she had been pulled over and groped during a traffic stop.
Police said the stop occurred Dec. 11 near Tropicana and Eastern avenues.
Norman told her to pull into the back of a church parking lot so he could conduct some tests.
The report said that during the traffic stop, the woman told Norman that she had a prior arrest for driving under the influence and that during the arrest marijuana was found.
Norman told the woman he stopped her because she didn't have license plate lights.
The report said Norman asked to "physically search" her.
The woman consented. Norman asked whether she would be more comfortable if a female officer conducted the search. Norman then told the woman he needed to search her bra "because women put things in their bra or sew things into their bra," the report said.
Norman then asked the woman to lift her shirt. At one point, she took off her bra on his order, and he groped her, the report said.
Norman told the woman he was not going to cite her because of her cooperation. He let her go without performing a field sobriety test.
On Jan. 1, a second woman came forward and told investigators of an incident involving Norman.
He blocked her vehicle as it entered an apartment complex near Flamingo and Paradise roads.
Norman told the driver he didn't have a reason to stop her but said they were in a high-crime area.
One of the women in the vehicle admitted to Norman that she had warrants for traffic offenses, the report said.
Norman told her he was going to arrest her for the warrants.
While patting her down, Norman asked her to put her fingers under her bra and shake it to make sure nothing was in the bra. The report said Norman searched her twice before putting her in the back of his patrol car. He then drove around the corner.
Norman told the woman it was her lucky day because he had to go out on a "hot call" so she wasn't going to be arrested. When he removed her handcuffs, he repeatedly ask whether she had anything hidden in her bra.
Norman also said she wasn't doing what he asked correctly. After asking her a third time to shake out her bra, he said: "My, aren't we bashful today," the report said.
The woman sensed that Norman wanted to see her breasts. She then pulled down her shirt and bra and exposed her right breast, the report said.
Norman then let her go, the report said.
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