“The most vulnerable Tennesseans are our children and they need to have every protection when it comes to our laws,” said State Representative Joe Pitts (D-Clarksville).

This week House Democrats and Republicans came together in support of legislation designed to toughen Tennessee’s current child abuse laws.

Rep. Joe Pitts, D-TN Hse, District 67

“People who would dare abuse a child deserve the harshest punishments possible and this new legislation helps strengthen our laws,” said Pitts. “These bills make it clear that, whether it’s a random stranger or a child’s own parents, if you abuse a child you will be brought to justice.”

The first bill, House Bill 1141, clarified the definition of dangerous instrumentality as “any item in its manner of use or intended use as applied to a child that is capable of producing serious bodily harm.” Present law did not have specific definitions when dealing with abuse cases involving inanimate objects, providing serious abusers the opportunity to avoid more aggressive charges.

“With this bill, if any abuser uses any foreign object to inflict damage on a child, they could potentially be hit with stiffer charges resulting in more jail time,” said Pitts.

The second bill, House Bill 1142, expands the charges of “inflicting serious bodily injury to children” to include second or third degree burns, bone fractures, concussions, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, severe bruising and or permanent or protracted disfigurement.

“A slap on the bottom by a parent is discipline, but beating a child until they bleed is abuse,” said Pitts. “By implementing these changes to the code, we put greater pressure on abusers to think twice before they attack a helpless child as well as allow our justice system to put these monsters away for a very long time.”

Both bills passed the House and Senate unanimously and will now go to Governor Phil Bredesen to sign into law.

President Obama has  signed a law that expands the time frame in which workers can sue for discrimination they have experienced based on gender, race, national origin or religion.

“We are upholding one of this nation’s first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness,” Obama said before signing the Lilly Ledbetter Fair Pay Restoration Act, which effectively nullifies the 2007 Supreme Court decision.

http://www.truthout.org/012909R

The Bush/Cheney team on the move(scene from I.O.U.S.A.)

Across the country today corporate media headlines screamed the news that “an agreement has been reached” that would pull troops out of Iraq’s major cities ten months from now, in June, 2009. Read the fine print. Scrutinize between the lines. If you think all our troops are destined to come home, think again.

Yes, the United States and Iraq have “tentatively” reached an agreement that would see American troops vacated Iraq’s major cities, but that leaves a lot of ground out of the pact. That’s when the terms “broader withdrawal” and the words “tentative” and “but” come into play.

Iraqi leaders have yet to put a final stamp of approval on the deal, and as for that 2011 withdrawal date, it’s “contigent” on the implementation of additional security and on the “political progress” achieved in Iraq. So, folks, don’t hold your breath. The door is still ajar and our soldiers will still be rotating in and out of Iraq.

This agreement only touches one stressor on our military forces; we cannot forget that the door is still wide open and growing in Afghanistan, which has increasingly been a bubbling hotbed for insurgencies and terrorism.

Subject to final approval by the top Iraqi leadership, the exit date for U.S. troops would be December 2011, although American negotiators (Bush and company) insist on linking that target to additional security and political progress.

Timing is everything. The possibility of removing our troops from the Middle East is the new American Dream, fueled (1) by the insane billions of dollars we are now, as a country, indebted for, and (2) by the unconscionable number of lives lost for a war built on politically expedient lies. The longer the war drags on, the lower President Bush’s rating dip, with the end result that he’s now being called “the worst president ever.”

Timing is everything. What better way to boost the image of the Republic Party than a pre-presidential election resolution that appears to deliver a much-wanted objective without having to guarantee that the objective is met. The Republicans can “Rah Rah Rah” this issue through their upcoming convention as “mission completed” and make their party look like it has done the job after all.

It’s been done before.

In September, 2007, President Bush in a speech heard ’round the world’, attempted to support a gradual troop withdrawal:

“The principle guiding my decisions on troop levels in Iraq is ‘return on success’ — the more successful we are, the more American troops can return home.” (In other words, there is no, as the NY Sun explained, “no dramatic change in course.” –9.14.07

Senator Jack Reed of Rhode Island, responded to that day’s speech with “The President failed to provide either a plan to successfully end the war or a convincing rationale to continue it.”

The NY Times immediately posted an No Exit, No Strategy editorial that said:

“Mr. Bush’s claims last night about how well the war is going are believable only if you use Pentagon numbers so obviously cooked that they call to mind the way Americans were duped into first supporting this war.”

A post editorial, The Korea Parallel, offers a darker perspective: ,

“In retrospect, Iraq may prove to be another Korea – a seemingly stalemated war in a strategically vital region that dominated a bitterly partisan presidential campaign.”

Newsday offered this editorial comment:

“[In his speech,] Bush will make it clear that, beyond a token troop reduction, he has no intention of deviating from a course of action that has produced minimal results at a heavy cost in lives and treasure – and provides no guarantees of future success.” 9.14.07

Same speech, different year.

Sen. Barack Obama

Sen. John McCain

Democratic Candidate Barack Obama has stated he wants all US forces out of Iraq within 16 months of his taking office (that’s July, 2010). He also says they are more urgently needed in Afghanistan. That means we will still have forces at war, but hopefully not as many.

Republican Candidate John McCain can’t even go that far; he says the timing of any withdrawal from Iraq must be based on “the conditions on the ground” (read: indeterminate) rather than on prearranged timetables. The Webster’s Dictionary defines “indeterminate” as “not able to be determined.” In other words: Who the hell knows?

Bush and company believe that a firm withdrawal date makes US presence more acceptable to the Iraq government and is rooted in the belief that Iraqi forces can stand on their own. It also has the caveat that some US military training forces would still be required even after 2011. Iraq has slated provincial elections in late 2008 and a national election in 2009. The new agreement being bandied about places US contractors under Iraq law while US troops remain subject to US law. Questions of immunity are reportedly the sole sticking point in this agreement.

What makes this deal so urgent?

The United Nations Security Council resolution that is the legal and binding authority for US troops to stay in Iraq ends December 31, 2009. After that, and in the absence of a an agreement for troop withdrawal in place, America’s presence in Iraq becomes illegal. It is why Britain is pulling all of its troops out by the end of the year. It will be interesting to see if Bush and company, if unable to seal the Iraq deal, will defy the UN and keep a highly visible presence in Iraq, in essence thumbing the US nose at the world.

As I read various reports on this “wonderful deal” I try to focus on the subtext, and on the terminology officially used:

• Aspirational: to aspire to (i.e. we hope that…)
• Broader withdrawal in 2011: implies that withdrawal will not be “complete”
• Contigent: it will happen if…

Troops in Iraq

The bottom line is yes, troops will be out of Iraq’s major cities … if conditions are met.

The bottom line is yes, they will out of one place … but moved to another.

The bottom line is yes … but many will be waging war in Afghanistan.

The bottom line is yes, we will remove troops from Iraq by 2011 … but we will still have a military presence there as “advisors.” Yeah, right.

In the meantime, military families can expect still more deployments to both Iraq and Afghanistan, because the troops there now have to be rotated home for some R&R with families before taking that 2nd, 3rd, 4th or heaven forbid, 5th tour of duty in an unending war zone.

Even with this almost-agreement, US forces will be deployed on the desert sand, waiting to step in “as needed” to assist Iraq military and police.

Some agreement!

Lets take a look at other risks these cameras subject you to. Remember, under these “civil violations” the city’s standard of evidence is much lower that in a criminal case, and you are basically presumed guilty, unless you can prove yourself innocent.

In other words, the city had to prove that Brown owned the Chevy, and that the Chevy was photographed on September 18, 2006. It did not have to prove Brown did anything wrong — mere ownership of the vehicle constituted the civil crime. Moreover, the court found this arrangement did not violate the constitutional protections against self-incrimination because Brown did not need to admit guilt — he was automatically guilty. “Again, this misses the point,” Judge Swiney wrote. “City Code Section 17-210 does not make the driver of the vehicle liable. Rather, it is the owner of the vehicle who is responsible for a red light violation, regardless of who actually was driving.” – Tennessee Appeals Court Embraces Red Light Cameras

Recent incidents in Georgia and Louisiana call into question the common assertion of photo enforcement advocates that the camera never lies. Officials in charge of red light camera and speed camera programs claim it is “rare” for erroneous tickets to be issued because a human police officers diligently verifies each and every citation for accuracy before it is issued.

It appears that Lafayette, Louisiana, made no such check when, as KSLA television reported, it mailed a black man’s red light camera ticket to a white man. The city accused Alan Dukes, the owner of a 2005 Honda motorcycle, of speeding on June 4. Yet the photograph of the alleged violation clearly shows a black man riding a Harley Davidson motorcycle. Dukes maintains that he is innocent. “You can see there’s no close resemblance, whatsoever,” Alicia Dukes told KSLA in comparing a photo of her husband to the ticket photo. Lafayette’s director of photo ticketing, Tony Tramel, insisted it would cost too much money to have police officers witness violations and ticket drivers in person. “Do we make errors or mistakes? Occasionally it does happen,” Tramel admitted. “Can we be absolutely perfect? I wish we could.” Lafayette’s error is the inverse of a 2006 situation in Scottsdale, Arizona where a black man was sent a white man’s speeding ticket.

In Atlanta, Georgia it was the owner of a white car that was sent a ticket for an offense committed by a black car. WPLG television reported on this case where great grandmother and Hollywood, Florida resident Evelyn Singer received a ticket for running a red light in Atlanta at 6:30am on June 24 at the intersection of Courtland and Baker streets. The document insisted that Singer pay $70. Singer responded with a certified letter explaining that her white Acura looked nothing like the black Pontiac committing the offense alleged in the ticket photograph. Moreover, she has not been to Atlanta in thirty-five years. When Singer later called to confirm whether the ticket had been canceled or not, the courthouse either put her on hold or hung up while the Miami television station’s cameras were rolling. After several frustrating attempts, Singer reached a a human and asked how often the cameras make mistakes. “It doesn’t really matter as far as what we’re trying to accomplish,” the unidentified Georgia courthouse official responded. The court told WPLG that it was likely Singer’s ticket would be canceled.

Tell our City council and Mayor that we want them to stop! planning on bringing this dangerous revenue generating scheme to our town! Just say no! to traffic enforcement cameras on our streets!

Sources: The Newspaper: A Journal of the politics of driving: Innocent Florida, Louisiana Motorists Receive Bogus Photo Tickets, Tennessee Appeals Court Embraces Red Light Cameras & KSLA-TV (LA), 7/18/2008: Traffic cameras: Are they cause for controversy or celebration?

Since reading about this case, whenever I hear about any conviction I compare the jail time the person receives to this case. For example, a ‘blue collar criminal’ received three years in prison for embezzlement; to me, and I’d think to most people, that is a much lesser crime. Therefore, raping a minor should have had at least that long of an incarceration. I’m shocked that 120 days is even remotely considered a ‘valid’ sentence for a severe crime, especially rape.

A teacher has a special responsibility for the children in their care since they are in a position of authority and control. It is never acceptable for an adult teacher to have sex with a minor student. It is a crime. It is rape. It is never legally consensual because of the age and relationship of the student and teacher.

Bryan Dale Farmer is a rapist as well as former Tennessee high school teacher and coach. This case, which happened at Northeast High School in Clarksville, was not his 1^st conviction, and there have been allegations from at least three different schools and over a dozen girls. He is now a registered sex offender in Tennessee.

After his 120 day sentence, when he has another victim, who will be to blame? Since I have a [minor] daughter, I am especially appalled by this case. Teenagers may act grown up and look grown up, but in many ways they are not adults. Teenage girls are under a lot of pressure to look thin, attractive and sexy. An older man could take advantage of their infatuation and inexperience. Teenagers have had crushes on their teachers for years – that is no excuse for a teacher to rape a student.

I’d like to express my sympathy to the students and their parents, friends and family who have had to endure this injustice. If you’d like to blame the teens or their parents, you are welcome to your opinion. I do not feel blaming the victim is appropriate. However, if you have other information about how this sentence was rendered, or details about this case, the public, including the parents of Tennessee students, would be interested .

For more information, refer to:

• Channel 5
• The Tennessean
• Knoxville News
• Teacher Blog

This article was submitted by a Clarksville online reader and parent of a minor student. We have exercised our option, at her request, to withhold her identity. The factual material and related news links have been verified.

Tennessee Senator Rosalind Kurita

On Tuesday, and again on Wednesday, in the final stretch of the primary campaign, voters across the city of Clarksville received oversized full color postcards in the mail from State Senator Rosalind Kurita, cards that drove spikes of criticism at Tim Barnes and his law practice. Barnes is challenging Kurita for her 22nd District Senate seat on today’s election.

Today a coalition of 38 area attorneys came to Barnes defense while simultaneously calling on Senator Kurita to retract her statements and stating unequivocably that her comments as written on this mailer (and recapped on television and radio ads) were “shameful, and beneath the dignity, and the honor, of a Tennessee Senator.”

In a matter of four hours, the legal community rallied, creating a full page block ad denouncing the “Smear Barnes” ads and obtaining hand-signed signatures of dozens of local “legal eagles” as part of a statement of support for Tim Barnes. (Complete ad text/signatures at end of story). The full page ad is slated to run in The Leaf Chronicle today.

Atty. Mark Olson, one of the signatories on the response ad, submitted the following statement to Clarksville Online late Wednesday evening (8.6.08):

“Kurita’s ads attack the very foundation of our legal system. They are intended to question the integrity of the system. Clarksville, Tennessee is blessed with courageous Lawyers and Judges. Each person has their own thoughts, and I do not presume to speak for my fellow Lawyers, however, I believe the Lawyers who signed this ad were shocked by the attacks on the legal system from someone who is responsible for writing laws. I have practiced with and against everyone who signed. I have practiced before every Judge in the County. The Lawyers represent their clients honestly, without regard to who they “are”, and the Judges judge fairly on the facts alone. Kurita’s ads suggest something different and that is very, very wrong.

We got this advertisement together in about four hours. Given more time, more Lawyers would have participated.

Tennessee Senate District 22 candidate Tim Barnes

The distortions and half truths in Kurita’s ads are almost too numerous to count. But that is not as great a concern as her lack of understanding of the legal process. As a lawmaker she should at least have a basic understanding of the legal system. She does not.

Kurita’s ads claim Tim Barnes works to release criminals. Only a judge or jury can find the accused not guilty and “release” them. And then, only after a fair trial. People in Montgomery County receive fair trials. If they are guilty, they are punished. Is she against the Jury system? If she is against the Jury, she does not trust the people of Montgomery County.

Kurita’s comments demonstrate contempt for the legal system and the people of Montgomery County. Each and every year that she has served as a Senator, Kurita has voted on a Tennessee state budget which includes money to be paid to lawyers for the defense of the indigent in Tennessee. Does this mean that she supports “criminals”? Could it be that her statements made about Tim Barnes are made because a lawyer is running against her? This makes one question her true motives, doesn’t it? Is win at any cost her game?

Tim Barnes’ main legal practice is adoption. He brings together children who need a family with parents who desperately desire a child. You wouldn’t know that from her ad, would you? Tim Barnes has done more to create families with one adoption than this woman has done in all her time in office.

–Mark Olson

The ads in question, was likely designed by the Nashville firm, Fletcher and Rowley, whose company logo is “It’s all about winning!” The postcard dealt not with the heated issues of the campaign or the issues — everything from the economy to health care to jobs — that challenge residents across the district and the state. Instead, it targeted the kind of legal services offered through Barnes’ law practice. Although Barnes’ legal practice is rooted in family and adoption law, he, like many other attorneys in every city and county in America, has defended people facing charges that may include driving under the influence, spousal abuse/domestic violence, and other crimes. But that is far from the whole story.

This eleventh hour ads came across as a rant against both the lawyer and his clients; by denegrating the former,  defendants are also deemed not worthy of being afforded a defense as guaranteed under the U.S. Constitution. Without the dedicated work by prosecution attorneys, defense attorneys, and judges, there is no justice under the law. Not every defendant is guilty, or found guilty under the law. No individual is less worthy of defense than another.

Click here to view the embedded video.

Across the board, every person this editor spoke with, who viewed these ads, were appalled by the contents.

Clarksville Online has posted two items, an editorial and a political commentary, addressing these issues and the District 22 campaign (As the August 7th primary nears, campaign strategy turns “ugly” and Tennessee Senate District 22: In case of emergency, unleash Fletch ).

The following is copy of the controversial oversized postcard ad:

The latest anti-Barnes ad sponsored by Sen. Rosalind Kurita cites Barnes as anti-family, pro-criminal. Barnes in fact specializes in adoption law, helping to create and solidify family life for children in need of good homes.

The "back" of the latest anti-Barnes ad implies that Barnes makes a living from freeing criminals when in fact Adoption work is a prime focus of his legal practice.

The following is a copy of the response to this postcard ad by area attorneys, followed by a list of those who endorsed the ad, and thus the integrity of Mr. Barnes: 

Kathryn Edge, outgoing president of Legal Aid Society Board of Directors receives Commendation Award from Gary Housepian, Executive Director of the Legal Aid Society of Middle Tennessee & The Cumberlands

The Legal Aid Society of Middle Tennessee and the Cumberlands, at their recent Board of Directors meeting in Nashville, recognized the outgoing board president for outstanding service.

Kathryn Edge served a one-year term as the president of the organization’s board of directors. Ms Edge has shown dedication and commitment to the position and to The Legal Aid Society. She will continue to serve as an active member of the board and as a notable practicing attorney in Nashville’s legal environs with Miller & Martin law firm.

The Legal Society Aid, LAS, offers free civil legal advice to many low-income Tennesseans who have nowhere else to turn. Serving 48 counties from offices in Clarksville, Columbia, Cookeville, Gallatin, Nashville, Murfreesboro, Oak Ridge and Tullahoma, the Legal Society fights for equal justice for our most vulnerable citizens. It is a non-profit, legal services organization funded in part by Legal Services Corporation, the Tennessee Bar Association, the United Way, the state of Tennessee and donations.

Locally, two Clarksvillians serve on the Board of Directors. Stan Darnell, an attorney, is a new board member. Turner McCullough Jr., US Army retired-disabled and a civil rights/citizens rights advocate, is also a board member. He was just elected Secretary of the Executive Committee.

The Clarksville Legal Aid Society office is located at 120 Franklin Street, 931-552-6656. It serves Montgomery, Stewart, Robertson, Chetham, Houston, Humphreys and Dickson Counties. For more information about Legal Aid Society services and to download information about common legal issues, visit LAS online at www.las.org.

]]> http://www.clarksvilleonline.com/2008/07/31/legal-aid-society-thanks-board-president-edge/feed/ 0 http://www.clarksvilleonline.com/2008/07/30/for-many-mid-tennesseans-legal-aid-society-is-cost-effective-legal-lifeline/ http://www.clarksvilleonline.com/2008/07/30/for-many-mid-tennesseans-legal-aid-society-is-cost-effective-legal-lifeline/#comments Wed, 30 Jul 2008 11:00:06 +0000 Turner McCullough Jr. http://www.clarksvilleonline.com/?p=6484 Legal Aid Society delivers $2 in benefits for every $1 it receives

In 2007, the Legal Aid Society helped more than 7,000 Middle Tennesseans find justice when they had nowhere else to turn. As a result, women were protected from abusive husbands, people still had roofs over their heads and the sick got the medical care they needed, among the many other benefits received by Middle Tennessee’s most vulnerable citizens. Like the miracle of the loaves and fishes, the Legal Aid Society was able to make a little go a long way in meeting these needs – basically delivering $2 in benefits for every $1 it received. The $5,761,160 it spent in 2007 generated $11,096,830 in benefits.

“Thanks to an incredibly committed staff and outstanding volunteer efforts by private attorneys in the communities we serve, we were able to make very efficient use of our funds in 2007 to serve the maximum number of people. It gives you a good feeling to look back on how the Middle Tennessee community really made a difference in 2007.”

– Gary Housepian, Legal Aid Society Executive Director

Good stewardship is just one aspect of the Legal Aid Society’s success in 2007. It was also immensely effective – 97 percent of the cases it closed last year had a positive outcome. This measure of effectiveness is among many others included in the organization’s recently released 2007 annual report.

A copy of the report is available at any of the Legal Aid Society’s eight offices throughout Middle Tennessee and on its website (www.las.org). The Clarksville Office serves Montgomery, Houston, Stewart, Robertson and Dickson Counties. It is located at 120 Franklin Street, 931-552-6656. In addition to summing up the monetary and non-monetary benefits received by the Legal Aid Society clients, the report chronicles several key cases the state’s largest non-profit law firm successfully undertook in 2007 – ranging from savings a couple’s home, to rescuing an elderly woman from financial exploitation, to helping a young mother conquer domestic violence.

In total, in 2007, the Legal Aid Society clients received more than $4,390,000 in direct financial benefits as a result of services provided by the organization, including

• $838,543 in federal tax benefits for low-income taxpayers.
• $929,000 in annual social security and associated medical benefits for people with disabilities.
• $904,000 in child and spousal support and other financial awards for low-income victims of domestic violence and their children.
• $475,000 in medical benefits.
  

Free legal advice and representation clients received from staff attorneys during 2007 had a market value of $5,777,800. Pro bono attorney volunteers provided an additional $929,030 in free legal help.

“This is a total of over $11 million in benefits to the people we serve. However, we measure our success not just in dollars, but also in the difference we make in the lives of low income Middle Tennesseans. We provide services for people who are incredibly vulnerable, such as victims of abuse, the sick and elderly and people with disabilities. Without our services, these people would have nowhere to turn.” –

– Gary Housepian, Legal Aid Society Executive Director

Included among the non-monetary benefits were:

• 441 victims of domestic violence and their children obtained protection from their batterers.
• 131 people gained access to needed healthcare services.
• 223 families were able to keep their homes or obtain affordable housing
• 239 people received help with life and healthcare planning.