Glenn Beck has raised a temple of dishonor on the steps of the Lincoln Memorial. On the stage with him will be Palin. How low can the Republican Party sink?We will see tomorrow. I am a law and order liberal Democrat. Its time we do what is needed to take our country back.We must start locally taking the streets back by funding and making public saftey our number one priority. Second we must challenge on all fronts the reckless extermist politics of Beck and his
Fox news republicana.Its time to act.
http://goodmorningflint.blogspot.com/2010/08/glenn-beckgmf08282010.html
Dueling rallies in D.C. this weekend.Al Sharpton is set to lead a commemoration rally and march expected to come in close proximity to Glenn Beck's " restore honor"march. Tens of thousands of visitors are expected on the Mall throughout the weekend. Wish I had the hotdog concession.... I'll be with Sharpton in spirt. Physically I'll be in the airport where Evil was arrested.
.......notes..........
GLENN BECK -I HAVE A SCHEME[2]Where Dr. King Once Stood, Tea Party Claims His Mantle
[5]
In a highly contentious public event, a popular but polarizing right wing broadcaster is sponsoring a rally Saturday at the same place and on the exact date that the country's pre-eminent civil rights figure delivered his most famous speech.[3]
GLENN BECK THE MAN WITH A SELF SERVING DREAM SHATTERS OURS
Glenn Beck said-Dr. King’s dream, he told listeners, “has been so corrupted.”
“Judge a man by the content of his character?” he said. “Character doesn’t even matter in this country. It’s time we picked back up the job.” [5] Give me a break,
Glenn Beck has a dream folks. Glenn Beck's dream is for his rally in Washington D.C. to draw a few hundred thousand supporters at the Lincoln Memorial.[1]
GLENN BECK BRINGING DISHONOR TO THE LINCOLN MEMORIAL
Immediately, many will think that Glenn Beck's Restoring Honor Rally is his latest ambitious stunt designed to get the word out about the evil socialist, communist dictatorship of the Obama Administration. [1]
For the Tea Party crowd to connect themselves to the legacy of the Civil Rights Movement can't be seen as anything other then deeply disingenuous. When thousands of people joined Dr. King to march on Washington, they were demanding that the federal government intervene on behalf of poor people. They called on the government to do more to level the playing field. However, the forces that are gathering this weekend want just the opposite. [4] The Tea Party an informal unaccountably undemocratic politicial adventure of the Republican big money right wing and enabled by an impotent mainstream media led by the intellectual waste lands of a Glenn Beck and Sarah Palin must be challenged as a threat to democracy.
GLENN BECK CAUGHT WITH HIS HONOR DOWN SEEK VETERENS HELP.
But, Beck insists this is not the purpose of his rally - as it's meant to honor our fallen heroes. He has even joined up with the Special Operations Warriors Foundation in helping to organize this event. Therefore, it has to be meant solely to celebrate and honor our veterans and fallen heroes right?[1] Beck has all but confessed the veterens are an after thought.
GLENN BECK IS UNPARTIOTIC
Beck's patriotic rally also happens to occur on the anniversary of Dr. Martin Luther King Jr.'s "I Have a Dream Speech" which was delivered at the Lincoln Memorial on August 28, 1963. And, you guessed it - Saturday is August 28th. [1] Becks opportunism diminishes an American institution.
GLENN BECK IS A LIAR
Beck says this is just a coincidence, but it's pretty obvious it's not. Added to that, Beck's rally ...today...08/28/10..is not just about honoring fallen heroes. [1] Becks is the vilest rally of the mediocre right wing radial extreme contingent of the failing republican Party.
GLENN BECK TO PROMOTE HIS FUTURE
In his own words he stated on his website that "Throughout history, America has seen many great leaders and noteworthy citizens change her course. It is through their personal virtues and by their example that we are able to live as a free people. On August 28, come celebrate America by honoring our heroes, our heritage, and our future. [1]
GLENN BECK HOSTS A NATIONAL TEA PARTY. WILL IT BE THE FIRST OF MANY OR CAN WE MAKE IT HIS LAST.
The broadcaster, who promotes what he calls Christian faith-based patriotism, will be joined by Sarah Palin, who was Sen. John McCain's vice-presidential running mate in their failed White House campaign against Obama two years ago.[3]
Tomorrow is also about celebrating our heritage and future. Interesting. Sounds like a Tea Party rally to me. In fact, Tea Party supporters everywhere are rallying the troops to attend tomorrow's rally disguised rally. Guess who else is showing up to the rally?[1]
With that in mind, on the anniversary of the March on Washington, I am not going to get sidetracked from the work just because the Tea Party will be assembling. I am going to honor the pledge that Dr. King asked the nation to make- to not walk alone and always march ahead.[4]
posted here by
Terry Bankert
http://goodmorningflint.com/
or
http://attorneybankert.com/
[1]
http://www.philly2philly.com/politics_community/the_water_cooler/2010/8/27/44868/glenn_becks_restoring_honor_rally_slap_the_face_
[2]
DAILY SHOW
[3]
http://www.google.com/hostednews/canadianpress/article/ALeqM5jbDOKcx67Rnc6nVJvUzN49rTeh_Q
[4]
http://www.huffingtonpost.com/jakada-imani/honoring-the-dream_b_697705.html
[5]
http://www.nytimes.com/2010/08/28/us/politics/28beck.html
Sphere: Related Content
Friday, August 27, 2010
Thursday, August 26, 2010
ELIAS ABUELAZAM IS ARRAIGNED IN FLINT 08/26/10 some call him Shrek most call him EVIL
This Pre Trial is scheduled for next Tuesday. The Prosecutor asked for $10,000,000 bond. Judge Perry ordered no bond.
The code name for him with the police was shrek. The code name given to him by Prosecutor David Leyton is EVIL. I agree with the prosecutor. I also heard that EVIL was tracked electronically. He is nothing but guilty. He told Sheriff Pickell the cameras made him nervous. Pickell told him to get used to it.
Thumnail Photos
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/show/
Earlier the press had been taken on a tour of the jail and showed where EVIL will sleep.
At the press conference in response to the Prosecutor stating the crime lab takes a long time he was asked if the crime lab was faster would the police have noticed a patteren of killing earlier. Leyton was non committal.
The press asked about a white victem and if other people were to be charged. They seems to be testimony that at on one occassion there was another person in the car with him at a stabbing. Another reporter asked if the motive might be that several people of Arab decent had recently been killed. These questions could not be answered.-trb
NOTES..........................................................
"This is one of 14 incidents of murder and assault with intent to murder. Five people are dead. The rest faced death and are seriously injured," Leyton told the judge in asking for the high bail. "He is not a citizen of the United States. The court should do all it can to make sure he stands trial in Genesee County where he ran rampant, created havoc and attacked innocent citizens."[4]
A man who's suspected in 18 stabbing attacks in three states, including five fatal stabbings, has been ordered held without bond. Elias Abuelazam (A'-boo-LAH'-zuhm) was arraigned by video in a Flint, Mich., court today on a charge of assault with intent to murder in connection with a July 27 attack. He'd been flown to Michigan from Atlanta earlier in the day.[2]
On Aug. 11, investigators went to a market outside Flint where Abuelazam had worked for a month. A store video showed Abuelazam matched the description of the suspect. He had not been seen at work since Aug. 1, when he told people he was off to Virginia.
Using electronic records, investigators tracked Abuelazam to Atlanta's airport and arrested him at the boarding gate.[4]
Elias Abuelazam, 33, is accused of stabbing 14 men in the Flint area, including five who died, and attacking four others in Virginia and Ohio. All of the attacks were on men and most were African American.
Abuelazam appeared for his arraignment via video from the jail. He was charged in one nonfatal attack in the Flint area and being held in the Genesee County Jail. Judge Nathaniel Perry III ordered he be held on no bond.
Abuelazam will be back in court Aug. 31 for a pretrial hearing.
Genesee County Prosecutor David Leyton said in court that more charges – including murder charges for the deaths of five Flint-area men – will be filed against Abuelazam.
“I believe he is not sick,” Leyton said of Abuelazam at a news conference after the hearing. “He is evil.”-trb
Abuelazam’s attorneys, Brian Morley and Edwar Zeineh – both based in Lansing – were also in court. After the hearing, Morley said he’s waiting to receive discovery from the prosecutor’s office.[1]
Many of the victims reported to police that their attacker stabbed them after first asking them for help, police have said. The attacks in the Flint area happened between May and August, when it's believed Abuelazam attacked three other men in Leesburg, Va., and one in Toledo, according to police.[1]
Etwan Wilson, 17, who was attacked and stabbed in early August in Flint, was in court today. Wilson, whose lungs, liver and heart were pierced when he was attacked, by a man who asked him for directions. He has a long scar on his chest from where doctors had to operate.[1]
He was disappointed Abuelazam wasn’t there in person.[1]
“I wanted to see him,” Wilson said of Abuelazam. “I wanted him to see me.”[1]
Abuelazam, an Israeli citizen, was arrested at the Hartsfield-Jackson Atlanta International Airport, where he planned to board a plane to Tel Aviv, Israel.[1]
Detectives from the Flint Michigan State Police Task Force that investigated the serial killings and stabbings met at 5:30 in the morning before flying to Atlanta on board a Michigan Department of Transportation plane. [3]
The twin engine King Air craft arrived in Atlanta around 8 a.m. Detectives headed straight to the Fulton County Jail and picked up their suspect. [3]
After leaving the jail, Elias Abuelazam was never in the custody of anyone other than the Michigan State Police detectives who led the investigation into Genesee County’s 14 stabbings, five of which were deadly.[3]
This is a rare situation. Usually law enforcement agencies pay a private extradition service to bring fugitives to Michigan to face charges, but Abuelazam is no usual fugitive.
There are several reasons for this special transport operation.[3]
Police say due to Abuelazam’s alleged violent tendencies, they wanted to keep him isolated and under their control. He was surrounded by four detectives and chained during transport.[3]
Police also say due to the high-profile nature of the case they wanted to protect Abuelazam from any form of revenge attack. They kept their arrival times and route confidential until the last minute, when they walked him before NBC25’s camera. Abuelazam also wore a bullet-proof vest.[3]
A Flint Police transport van escorted by Michigan State Police took the suspect straight to the Genesee County Jail from the airport. [3]
There inmates expecting to be released were held in a bullpen, while deputies armed with Tasers booked Abuelazam.[3]
“There was like seven police behind this big guy,” said Dean Campbell, a former inmate who witnessed Abuelazam’s booking. “They had him in a bullet proof vest.”[3]
Campbell says Abuelazam acted with arrogance, smirking during his mugshot.[3]
Campbell says inmates jeered at the suspected serial killer through it all, but Abuelazam’s defense attorney says his client told him he felt he was being treated with professionalism.[3]
“I asked about the plane ride,” says defense attorney Brian Morely. “He said it was fine, professional. I asked him how jail was. He said there have been no problems. No backlash.”[3]
His plane landed in Flint on a Bishop International Airport runway and taxied to a hangar at AvFlight at 12:16 p.m.[1]
He de-boarded the 10-to-12-seat Michigan-owned plane, escorted by several Michigan State Police officers and wearing a bulletproof vest. He was put into the back of a Flint Police Department van.[1]
He looked to be staring to his left out of the van toward a bank of reporters, photographers and videographers when the van’s doors were closed and he was driven off by 12:22 p.m.[1]
[1]
http://www.freep.com/article/20100826/NEWS06/100826022/Flint-slasher-suspect-ordered-held-without-bond
[2]
http://www.9and10news.com/Category/Story/?id=249354&cID=3
[3]
http://www.connectmidmichigan.com/news/story.aspx?id=502710
[4]
http://www.npr.org/templates/story/story.php?storyId=129453382 Sphere: Related Content
The code name for him with the police was shrek. The code name given to him by Prosecutor David Leyton is EVIL. I agree with the prosecutor. I also heard that EVIL was tracked electronically. He is nothing but guilty. He told Sheriff Pickell the cameras made him nervous. Pickell told him to get used to it.
Thumnail Photos
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
Slideshow
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/show/
Earlier the press had been taken on a tour of the jail and showed where EVIL will sleep.
At the press conference in response to the Prosecutor stating the crime lab takes a long time he was asked if the crime lab was faster would the police have noticed a patteren of killing earlier. Leyton was non committal.
The press asked about a white victem and if other people were to be charged. They seems to be testimony that at on one occassion there was another person in the car with him at a stabbing. Another reporter asked if the motive might be that several people of Arab decent had recently been killed. These questions could not be answered.-trb
NOTES..........................................................
"This is one of 14 incidents of murder and assault with intent to murder. Five people are dead. The rest faced death and are seriously injured," Leyton told the judge in asking for the high bail. "He is not a citizen of the United States. The court should do all it can to make sure he stands trial in Genesee County where he ran rampant, created havoc and attacked innocent citizens."[4]
A man who's suspected in 18 stabbing attacks in three states, including five fatal stabbings, has been ordered held without bond. Elias Abuelazam (A'-boo-LAH'-zuhm) was arraigned by video in a Flint, Mich., court today on a charge of assault with intent to murder in connection with a July 27 attack. He'd been flown to Michigan from Atlanta earlier in the day.[2]
On Aug. 11, investigators went to a market outside Flint where Abuelazam had worked for a month. A store video showed Abuelazam matched the description of the suspect. He had not been seen at work since Aug. 1, when he told people he was off to Virginia.
Using electronic records, investigators tracked Abuelazam to Atlanta's airport and arrested him at the boarding gate.[4]
Elias Abuelazam, 33, is accused of stabbing 14 men in the Flint area, including five who died, and attacking four others in Virginia and Ohio. All of the attacks were on men and most were African American.
Abuelazam appeared for his arraignment via video from the jail. He was charged in one nonfatal attack in the Flint area and being held in the Genesee County Jail. Judge Nathaniel Perry III ordered he be held on no bond.
Abuelazam will be back in court Aug. 31 for a pretrial hearing.
Genesee County Prosecutor David Leyton said in court that more charges – including murder charges for the deaths of five Flint-area men – will be filed against Abuelazam.
“I believe he is not sick,” Leyton said of Abuelazam at a news conference after the hearing. “He is evil.”-trb
Abuelazam’s attorneys, Brian Morley and Edwar Zeineh – both based in Lansing – were also in court. After the hearing, Morley said he’s waiting to receive discovery from the prosecutor’s office.[1]
Many of the victims reported to police that their attacker stabbed them after first asking them for help, police have said. The attacks in the Flint area happened between May and August, when it's believed Abuelazam attacked three other men in Leesburg, Va., and one in Toledo, according to police.[1]
Etwan Wilson, 17, who was attacked and stabbed in early August in Flint, was in court today. Wilson, whose lungs, liver and heart were pierced when he was attacked, by a man who asked him for directions. He has a long scar on his chest from where doctors had to operate.[1]
He was disappointed Abuelazam wasn’t there in person.[1]
“I wanted to see him,” Wilson said of Abuelazam. “I wanted him to see me.”[1]
Abuelazam, an Israeli citizen, was arrested at the Hartsfield-Jackson Atlanta International Airport, where he planned to board a plane to Tel Aviv, Israel.[1]
Detectives from the Flint Michigan State Police Task Force that investigated the serial killings and stabbings met at 5:30 in the morning before flying to Atlanta on board a Michigan Department of Transportation plane. [3]
The twin engine King Air craft arrived in Atlanta around 8 a.m. Detectives headed straight to the Fulton County Jail and picked up their suspect. [3]
After leaving the jail, Elias Abuelazam was never in the custody of anyone other than the Michigan State Police detectives who led the investigation into Genesee County’s 14 stabbings, five of which were deadly.[3]
This is a rare situation. Usually law enforcement agencies pay a private extradition service to bring fugitives to Michigan to face charges, but Abuelazam is no usual fugitive.
There are several reasons for this special transport operation.[3]
Police say due to Abuelazam’s alleged violent tendencies, they wanted to keep him isolated and under their control. He was surrounded by four detectives and chained during transport.[3]
Police also say due to the high-profile nature of the case they wanted to protect Abuelazam from any form of revenge attack. They kept their arrival times and route confidential until the last minute, when they walked him before NBC25’s camera. Abuelazam also wore a bullet-proof vest.[3]
A Flint Police transport van escorted by Michigan State Police took the suspect straight to the Genesee County Jail from the airport. [3]
There inmates expecting to be released were held in a bullpen, while deputies armed with Tasers booked Abuelazam.[3]
“There was like seven police behind this big guy,” said Dean Campbell, a former inmate who witnessed Abuelazam’s booking. “They had him in a bullet proof vest.”[3]
Campbell says Abuelazam acted with arrogance, smirking during his mugshot.[3]
Campbell says inmates jeered at the suspected serial killer through it all, but Abuelazam’s defense attorney says his client told him he felt he was being treated with professionalism.[3]
“I asked about the plane ride,” says defense attorney Brian Morely. “He said it was fine, professional. I asked him how jail was. He said there have been no problems. No backlash.”[3]
His plane landed in Flint on a Bishop International Airport runway and taxied to a hangar at AvFlight at 12:16 p.m.[1]
He de-boarded the 10-to-12-seat Michigan-owned plane, escorted by several Michigan State Police officers and wearing a bulletproof vest. He was put into the back of a Flint Police Department van.[1]
He looked to be staring to his left out of the van toward a bank of reporters, photographers and videographers when the van’s doors were closed and he was driven off by 12:22 p.m.[1]
[1]
http://www.freep.com/article/20100826/NEWS06/100826022/Flint-slasher-suspect-ordered-held-without-bond
[2]
http://www.9and10news.com/Category/Story/?id=249354&cID=3
[3]
http://www.connectmidmichigan.com/news/story.aspx?id=502710
[4]
http://www.npr.org/templates/story/story.php?storyId=129453382 Sphere: Related Content
EVIL has returned to Flint MI.
HE HAS ARRIVED, Arraignment afternoon of Thursday 08/26/10 expected to be in the Mcree Building 68th District Court Judge Perry expected to be the presiding judge.
……News has learned that serial murder suspect Elias Abuelazam will be flown from Atlanta to Michigan Thursday morning. [1]
Elias Abuelazam, 33, will be extradited to Genesee County Thursday.
Abuelazam was arrested Aug. 11 at an Atlanta, Georgia, airport, allegedly trying to flee the country.[3]
KNIFE WEAPON OF PREFERENCE
He is charged with attempted murder for a knife attack in Flint on July 27. He is suspected in at least 18 stabbings across three states.[3]
VICTEMS TO BE IN COURT
Some victims tell NBC25 they have received notice and plan to be in court to face him Thursday afternoon. [4]
How can a fair ID be made if the victims seem him first at the arraignment?
Abuelazam is a suspect in a string of knife and hammer attacks that left five people dead and 13 injured. [1]
ASSAULT WITH INTENT TO MURDER
So far Abuelazam has only been charged with one count of assault with intent to murder In Genesee County. Genesee County Prosecutor David Leyton promises many more charges are pending. His office is still gathering evidence. [4]
MICHIGAN CRIMINAL JURY INSTRUCTIONS
CJI2d 17.3 Assault with Intent to Murder
(1) The defendant is charged with the crime of assault with intent to murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant tried to physically injure another person.
(3) Second, that when the defendant committed the assault, [he / she] had the ability to cause an injury, or at least believed that [he / she] had the ability.
(4) Third, that the defendant intended to kill the person [he / she] assaulted [, and the circumstances did not legally excuse or reduce the crime] .*
CRIMINAL ARRAIGNMENT
Arraignment
A. In General
In general, there are three kinds of arraignments, depending on the nature of the charges and the nature of the court: district court arraignment on a misdemeanor charge, district court arraignment on a felony charge, and circuit court arraignment on a felony charge. In each case, the general purpose of the proceeding is the same—to advise the defendant of the nature of the charge and of his or her procedural rights and to permit the defendant to claim or waive those rights. [5]
At the arraignment, the charging document is read (or the reading is waived), and conditions or amount of bail may be set, amended, or continued. [5]
There are special provisions in the court rules for a preliminary arraignment when the arrest is made in a county other than that in which the charges have been made. See MCR 6.104(C). [5]
MCR 6.006(A) provides that district and circuit courts may use two-way interactive video technology to conduct the initial arraignment on the warrant and arraignments on the information as well as pretrial’s, pleas, and sentencing for misdemeanors, among other proceedings. Under the system, the arraigning judge can see the defendant and the defendant can see the judge. The use of this technology must be in accordance with the requirements and guidelines established by the SCAO, and all proceedings must be recorded verbatim by the court. MCR 6.006(D). [5]
After the reading (or waiver of the reading) of the complaint in a district court felony arraignment, the defendant is given the opportunity to demand or waive a preliminary examination. MCR 6.610(H). [5]
At a district court felony arraignment, the accused must be advised of the rights provided in MCR 6.104(E). He or she must be informed of the maximum possible prison sentence and any mandatory minimum sentence. MCR 6.104(E)(1). [5]
On arrest, or by an order on completion of arraignment, fingerprints of the defendant are to be taken when the charged offense is a felony or misdemeanor or ordinance violation punishable by imprisonment for more than 92 days. MCL 28.243 (which also applies to certain criminal contempt’s), 764.29. [5]
In 2009, MCL 750.520m was amended to require that DNA testing is mandatory when a person is charged with a violent crime, as defined by MCL 791.236(19). This includes murder and manslaughter, kidnapping, criminal sexual conduct, robbery, carjacking, mayhem, and felony assaults. [5]
PREDICTABLY THE DEFENSE ATTORNEY WILL REQUEST A FORENSIC EXAMINATION WHICH WILL DELAY THE NEXT STEPM 30 DAYS PLUS
PRELIMINARY EXAMINATION
Preliminary Examination
A. Theory
§20.27 A preliminary examination in a felony case is a judicial proceeding in the district court to determine whether there is sufficient evidence to continue proceedings leading to a circuit court trial. The burden is on the prosecuting attorney to establish the existence of probable cause to believe that a felony (that is, an offense that cannot be tried in the district court) has been committed and that the defendant committed it. MCR 6.110(E). Except as specifically provided elsewhere by law, the Michigan Rules of Evidence (MRE) and other established rules of evidence apply. MCR 6.110(C). [5]
Under MCL 600.2167, the report of a forensic technician, pathologist, or medical examiner may be introduced as his or her testimony if you are given a copy and do not demand his or her presence in writing not more than five days after receiving a copy of the report. Even if you demand his or her testimony, it can be given by video or voice communication equipment on the timely request of the prosecuting attorney, or the preliminary examination may be adjourned so that the expert can be there. [5]
Police say they suspect the Israeli citizen and legal U.S. resident in 18 stabbings. Three happened in Leesburg, Virginia, one in Toledo, Ohio, and fourteen in Genesee County.
Five victims died in Genesee County. They include Flint Township resident 60-year-old Frank Kellybrew, and Flint residents 31-year-old David Motley, 59-year-old Emmanuel A. Muhammad, 43-year-old Darwin Marshall, and 43-year-old Arnold Minor. [4]
Police say Abuelazam drove at night hunting for victims. He would often ask them for help, then pull out a knife, slash their bodies, and speed away. In some cases he used other weapons, such as a hammer. [4]
Abuelazam was captured at Atlanta's Hartsfield Jackson Airport earlier this month as he tried to board a plane to Israel. He waived extradition and has been waiting for Michigan authorities to pick him up from the Fulton County jail. [1]
FOX 5 News has also learned that he has a first appearance hearing in Flint, Michigan Thursday afternoon. [1]
Extradition has long been a sore spot for sheriffs who contend state and federal authorities should pay more of the costs to return fugitives. Now economic troubles and budget deficits are forcing prosecutors and sheriffs to make tough decisions about who will face prosecution and who will remain free.[2]
Returning the stabbing suspect, Elias Abuelazam, to Michigan to face multiple murder charges is expected to cost between $2,000 and $10,000 at a time when Genesee County has an $18 million budget deficit.[2]
Then-U.S. Sen. Joe Biden introduced legislation in 2008 that would have devoted more federal funding to help regional and local task forces extradite fugitives. But the legislation stalled and has yet to gain widespread support from lawmakers.[2]
"We have to juggle with limited resources," said Genesee County Prosecutor David Leyton. "I have to do more with less, but so does just about everybody. We will do the job whether we get the extra help or not."[2]
Details of his departure from Atlanta are being closely guarded, but media outlets in Michigan were given advanced notice of Abuelazam's arrival.[1]
There is no word on exactly when Thursday or how Abuelazam will be transported back to Michigan.[3]
He is expected to be held in the Genesee County Jail upon his return.[4]
The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraignment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
About
http:///www.attorneybankert.com
Good Morning Flint!
http://goodmorningflint.com/
See
[1]
http://www.myfoxatlanta.com/dpp/news/serial-stabbing-suspect-to-head-back-to-mich-082510
[2]
http://www.google.com/hostednews/ap/article/ALeqM5iUvQl_Gi0-DM1WOXKN6wK6XIAUBAD9HQ5O200
[3]
http://www.woodtv.com/dpp/news/central_mich/Serial-stabber-suspect-in-MI-Thursday
[4]
http://www.connectmidmichigan.com/news/story.aspx?id=502287
[5]
Michigan Basic Practice Handbook ch 20 (ICLE 6th ed 2007), at http://www.icle.org/modules/books/chapter.aspx/?lib=general&book=2007553820&chapter=20
(last updated 08/13/2010).
The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraigment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
Sphere: Related Content
……News has learned that serial murder suspect Elias Abuelazam will be flown from Atlanta to Michigan Thursday morning. [1]
Elias Abuelazam, 33, will be extradited to Genesee County Thursday.
Abuelazam was arrested Aug. 11 at an Atlanta, Georgia, airport, allegedly trying to flee the country.[3]
KNIFE WEAPON OF PREFERENCE
He is charged with attempted murder for a knife attack in Flint on July 27. He is suspected in at least 18 stabbings across three states.[3]
VICTEMS TO BE IN COURT
Some victims tell NBC25 they have received notice and plan to be in court to face him Thursday afternoon. [4]
How can a fair ID be made if the victims seem him first at the arraignment?
Abuelazam is a suspect in a string of knife and hammer attacks that left five people dead and 13 injured. [1]
ASSAULT WITH INTENT TO MURDER
So far Abuelazam has only been charged with one count of assault with intent to murder In Genesee County. Genesee County Prosecutor David Leyton promises many more charges are pending. His office is still gathering evidence. [4]
MICHIGAN CRIMINAL JURY INSTRUCTIONS
CJI2d 17.3 Assault with Intent to Murder
(1) The defendant is charged with the crime of assault with intent to murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant tried to physically injure another person.
(3) Second, that when the defendant committed the assault, [he / she] had the ability to cause an injury, or at least believed that [he / she] had the ability.
(4) Third, that the defendant intended to kill the person [he / she] assaulted [, and the circumstances did not legally excuse or reduce the crime] .*
CRIMINAL ARRAIGNMENT
Arraignment
A. In General
In general, there are three kinds of arraignments, depending on the nature of the charges and the nature of the court: district court arraignment on a misdemeanor charge, district court arraignment on a felony charge, and circuit court arraignment on a felony charge. In each case, the general purpose of the proceeding is the same—to advise the defendant of the nature of the charge and of his or her procedural rights and to permit the defendant to claim or waive those rights. [5]
At the arraignment, the charging document is read (or the reading is waived), and conditions or amount of bail may be set, amended, or continued. [5]
There are special provisions in the court rules for a preliminary arraignment when the arrest is made in a county other than that in which the charges have been made. See MCR 6.104(C). [5]
MCR 6.006(A) provides that district and circuit courts may use two-way interactive video technology to conduct the initial arraignment on the warrant and arraignments on the information as well as pretrial’s, pleas, and sentencing for misdemeanors, among other proceedings. Under the system, the arraigning judge can see the defendant and the defendant can see the judge. The use of this technology must be in accordance with the requirements and guidelines established by the SCAO, and all proceedings must be recorded verbatim by the court. MCR 6.006(D). [5]
After the reading (or waiver of the reading) of the complaint in a district court felony arraignment, the defendant is given the opportunity to demand or waive a preliminary examination. MCR 6.610(H). [5]
At a district court felony arraignment, the accused must be advised of the rights provided in MCR 6.104(E). He or she must be informed of the maximum possible prison sentence and any mandatory minimum sentence. MCR 6.104(E)(1). [5]
On arrest, or by an order on completion of arraignment, fingerprints of the defendant are to be taken when the charged offense is a felony or misdemeanor or ordinance violation punishable by imprisonment for more than 92 days. MCL 28.243 (which also applies to certain criminal contempt’s), 764.29. [5]
In 2009, MCL 750.520m was amended to require that DNA testing is mandatory when a person is charged with a violent crime, as defined by MCL 791.236(19). This includes murder and manslaughter, kidnapping, criminal sexual conduct, robbery, carjacking, mayhem, and felony assaults. [5]
PREDICTABLY THE DEFENSE ATTORNEY WILL REQUEST A FORENSIC EXAMINATION WHICH WILL DELAY THE NEXT STEPM 30 DAYS PLUS
PRELIMINARY EXAMINATION
Preliminary Examination
A. Theory
§20.27 A preliminary examination in a felony case is a judicial proceeding in the district court to determine whether there is sufficient evidence to continue proceedings leading to a circuit court trial. The burden is on the prosecuting attorney to establish the existence of probable cause to believe that a felony (that is, an offense that cannot be tried in the district court) has been committed and that the defendant committed it. MCR 6.110(E). Except as specifically provided elsewhere by law, the Michigan Rules of Evidence (MRE) and other established rules of evidence apply. MCR 6.110(C). [5]
Under MCL 600.2167, the report of a forensic technician, pathologist, or medical examiner may be introduced as his or her testimony if you are given a copy and do not demand his or her presence in writing not more than five days after receiving a copy of the report. Even if you demand his or her testimony, it can be given by video or voice communication equipment on the timely request of the prosecuting attorney, or the preliminary examination may be adjourned so that the expert can be there. [5]
Police say they suspect the Israeli citizen and legal U.S. resident in 18 stabbings. Three happened in Leesburg, Virginia, one in Toledo, Ohio, and fourteen in Genesee County.
Five victims died in Genesee County. They include Flint Township resident 60-year-old Frank Kellybrew, and Flint residents 31-year-old David Motley, 59-year-old Emmanuel A. Muhammad, 43-year-old Darwin Marshall, and 43-year-old Arnold Minor. [4]
Police say Abuelazam drove at night hunting for victims. He would often ask them for help, then pull out a knife, slash their bodies, and speed away. In some cases he used other weapons, such as a hammer. [4]
Abuelazam was captured at Atlanta's Hartsfield Jackson Airport earlier this month as he tried to board a plane to Israel. He waived extradition and has been waiting for Michigan authorities to pick him up from the Fulton County jail. [1]
FOX 5 News has also learned that he has a first appearance hearing in Flint, Michigan Thursday afternoon. [1]
Extradition has long been a sore spot for sheriffs who contend state and federal authorities should pay more of the costs to return fugitives. Now economic troubles and budget deficits are forcing prosecutors and sheriffs to make tough decisions about who will face prosecution and who will remain free.[2]
Returning the stabbing suspect, Elias Abuelazam, to Michigan to face multiple murder charges is expected to cost between $2,000 and $10,000 at a time when Genesee County has an $18 million budget deficit.[2]
Then-U.S. Sen. Joe Biden introduced legislation in 2008 that would have devoted more federal funding to help regional and local task forces extradite fugitives. But the legislation stalled and has yet to gain widespread support from lawmakers.[2]
"We have to juggle with limited resources," said Genesee County Prosecutor David Leyton. "I have to do more with less, but so does just about everybody. We will do the job whether we get the extra help or not."[2]
Details of his departure from Atlanta are being closely guarded, but media outlets in Michigan were given advanced notice of Abuelazam's arrival.[1]
There is no word on exactly when Thursday or how Abuelazam will be transported back to Michigan.[3]
He is expected to be held in the Genesee County Jail upon his return.[4]
The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraignment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
About
http:///www.attorneybankert.com
Good Morning Flint!
http://goodmorningflint.com/
See
[1]
http://www.myfoxatlanta.com/dpp/news/serial-stabbing-suspect-to-head-back-to-mich-082510
[2]
http://www.google.com/hostednews/ap/article/ALeqM5iUvQl_Gi0-DM1WOXKN6wK6XIAUBAD9HQ5O200
[3]
http://www.woodtv.com/dpp/news/central_mich/Serial-stabber-suspect-in-MI-Thursday
[4]
http://www.connectmidmichigan.com/news/story.aspx?id=502287
[5]
Michigan Basic Practice Handbook ch 20 (ICLE 6th ed 2007), at http://www.icle.org/modules/books/chapter.aspx/?lib=general&book=2007553820&chapter=20
(last updated 08/13/2010).
The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraigment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to
http://www.flickr.com/photos/30366181@N05/sets/72157624763848828/
Sphere: Related Content
Tuesday, August 24, 2010
GOOD MORNING FLINT! MAYOR, PETITIONS, ORGANIZERS AND CALUMNY!
MAYOR,PETITIONS,ORGANIZERS AND CALUMNY!
Until the election is set recall petitions should be challenged. Once the election is set it is a vote of confidence or no confidence on the mayor by the people. How more democratic and fair can that be. Walling should invited the community to give him a mandate on his policies. Or they could show him the door.(gmf)
MAYOR WALLING WILL STOP THE VOTERS CHANCE TO CAST A VOTE OF CONFIDENCE OR NO CONFIDENCE ON HIM
Flint Mayor Dayne Walling says the recall effort against him will be stopped before it ever gets to a vote. [1]
WHAT RESOURCES WILL THE CITY USE TO PERSONALLY DEFEND THE MAYOR?
Walling made those comments today as he geared up for his challenge to the petition signatures.[1]
DAVID DAVENPORT, JUST ONE OF MANY.
It's been three weeks since the petition signatures targeting Flint's mayor for recall were turned in to the city clerk's office. At the time, David Davenport, the author of the recall language, said his group had validated 10,000 signatures. [1]
14,000 PEOPLE SIGNED THE PETITION ASKING FOR A VOTE OF NO CONFIDENCE
More than 14,000 signatures were turned at the end of July. Only 8,004 signatures are required for a recall election. [1]
[T]he petitions state that Walling should be recalled for laying off 23 firefighters and 46 police officers last spring.[4]
NOBODY THREW OUT SIGNATURES, IT SIMPLY WAS A GRASS ROOTS PROCESS FROUGHT WITH PROCEDURAL ERROR THE CLERKS CAUGHT
Since that day, the county clerk's office has thrown out 900 signatures.
Q: DID THE CLERKS CHECK EVERY SIGNATURE OR SIMPLY STOP THE PROCESS WHEN ENOUGH WERE FOUND PROCEURALLY VALID?
Just before last weekend, the city clerk threw out nearly 5,800 signatures, giving recall organizers a 263-vote margin of error.[1]
CLERKS EXPLAIN THE PROCESS.
According to information from the city clerk's office, those signatures were thrown out for a variety of reasons.
SIGNATURES WERE COLLECTED IN PUBLIC PLACES NOT ALL OF THE SIGNERS LIVED IN FLINT. DID YOU KNOW YOU COULD HAVE A FLINT MAILING ADDRESS BUT NOT LIVE IN THE CITY LIMITS
More than 1,400 were disqualified because they were from outside the city and nearly 1,600 were thrown out because the person signing was not a registered voter.[1]
WILL WALLING BE OFF THE TAX PAYER SUPPORTED CLOCK
Walling told us today that he's starting work tomorrow looking over the remaining signatures.[1]
And now Walling, in office for just barely one year, who had a multi-million dollar city deficit dumped in his lap, must turn away from the essential tasks of keeping the city out of state receivership, restructuring city government and payrolls and in getting some embers of economic promise glowing here in a city yearning for jobs.[4]
PEOPLE REALLY ANGRY WITH THE MAYOR COULD HAVE SIGNED TWICE
"There may be signatures that are disqualified for being duplicates, and there's not even a need to get into the more difficult issues of forgery and fraud. So those are things that could get resolved quickly this week," Walling said.
TARGETS CHALLENGING THE PROCESS IS STANDARD PRACTICE
The Chattanooga politicians who have been targeted for recall from office have hired attorneys and are vowing to fight the recall effort in court. Election Commission attorney Chris Clem said the recall effort has been riddled with legal issues, most notably the number of signatures actually required to force a recall election.[3]
FRAUD OR FORGERY IS A JUDGES DECISION NOT THE CLERKS
"The more complicated issues that would involve going before a judge would obviously take place at a later time."[1]
ALL RECALL PETITIONS SHOULD ALWAYS BE VIGOURSLY CHALLENGED
Should they not be able to identify enough signatures to be thrown out, Walling says he will pursue a legal challenge based on fraud or forgery.[1]
YOU CANNOT CASUALLY CALL PRIVATE CITIZENS CRIMINALS
His accusations have already spurred threats by an attorney hired by the Committee to Recall Dayne Walling. [1]
The group claiming to lead the recall against Walling is now threatening legal action against the city for what it calls slanderous statements made by the mayor.[1]\
Defamation—also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business,products, group, government or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed.).[5]
NAME CALLING WILL NOT GET US ANYWHERE
The committee leading the recall effort against Flint Mayor Dayne Walling is threatening legal action, claiming the mayor made "slanderous" statements about the group. [2]
COMMITTEE GIVES PUBLIC NOTICE TO THE MAYOR
The attorney for the group told city leaders Monday night at council that if the mayor does not retract the statements, then it could be the foundation for a legal fight. [2]
The signatures to recall Walling were turned in last week, and will be examined this week.[2]
WHAT LAWYERS?
The mayor says he is working with lawyers about these accusations being made, but more than anything, right now he's focused on stopping this recall in its tracks.[2]
"The mayor had wrongly characterized as the crew," said attorney Anthony Lubkin, who represents the Committee to Recall Dayne Walling.[2]
WRITTEN NOTICE, PRE EMPTIVE!
Lubkin read a letter at the Flint City Council meeting Monday, urging council members to speak out and distance the city from claims made by the mayor in the media.[2]
WHY COST THE CITY MORE MONEY!
"If not retracted by the mayor and repudiated by City Council, it could be the basis of legal action against the city," Lubkin said.[2]
THE ORGANIZERS BROUGHT THE “ WILL/OPINION” OF 14,000 FORWARD TO BE HEARD.
Dan Parks, John Carpenter and Craig Smith are on the committee. Author of the language, David Davenport, is not a member.[2]
THIS IS A DEMOCRATIC PROCESS AMERICANS HAVE A RIGHT TO BE INVOLVED
"We would like to make sure that it is clear that our people aren't being called criminals," Lubkin said.[2]
MANY WILL SUPPORT THE MAYOR AND IF RECALLED QUESTION FLINT
But recall the one guy, Mayor Walling, who is actually trying the right-size city government, and what will Flint have proven?[4]
In the words of Flint native Bill Ballenger, editor of Inside Michigan Politics, “It’s getting to a point that you really wonder if Flint’s governable.”[4]
JUST WHAT HAS BEEN THROWN ANYWHERE
Fourteen-thousand signatures were collected. At a community meeting, the mayor said he is planning to work with a handwriting expert and challenge the ones that have not been thrown out.[2]
REGULAR ELECTIONS ARE IMPORTANT AND THE PETITIONS SHOULD BE RIGIOURSLY CHALLENGED
"There may be signatures that'll be disqualified for being duplicates, and there's not even a need to get into the more complicated issues around forgery or fraud," Walling said.
"I'm very confident this recall will be stopped even before it gets to the ballot."
CITY COUNCIL, NO COMMENT
City Council President Delrico Loyd says the council does not plan on commenting on this matter.[2]
THE COURT PROCESS COULD DELAY AN ELECTION BEYOND THE HIGH TURNOUT NOVEMBER GENERAL. WHICH WOULD BE BETTER A HIGH TURNOUT ELECTION OR A SPECIAL ELECTION? FOR WHOM?
The mayor says if he cannot find enough signatures to disqualify the recall by the end of the week, then he plans on pursing legal action.[2]
TO START A RECALL DOES NOT REQUIRE FORMALITY IN FACT TRUE GRASS ROOTS EFFORTS ARE MESSY.
The group calling itself The Committee To Recall Dayne Walling says it is now leading the fight to recall the mayor.[1]
ONCE A BALLOT QUESTION IS ESTABLISHED AND MONEY IS USED TO PERSUADE THE PUBLIC HOW TO VOTE A COMMITTEE AND FINANCIAL ACCOUNTABILITY IS REQUIRED.
They made a point to tell ABC12's Cathy Shafran that the author of the recall language, David Davenport, is not a member of their committee, but just one of the many people collecting signatures.[1]
NOBODY REALLY HEADED THE PETITION DRIVE
Davenport confirmed today he is no longer leading the drive.[1]
NOW THAT AN ELECTION DATE IS IMMENENT THE COMMITTEE IS DOING THE RIGHT THING IN A TIMELY MANNER
The new committee members are real estate owners Dan Parks and Craig Smith. They say they've hired an Owosso attorney to represent them.[1]
LEGAL NOTICE IS THE FIRST STEP
That attorney says he has written the mayor and city council threatening legal action if the mayor does not retract statements suggesting the signatures were gathered in a fraudulent manner.[1]
WHO WILL PAY FOR THE HANDWRITING EXPERT
The attorney is expected to repeat that threat again at tonight's city council meeting.
Walling, meanwhile, is moving ahead with his challenges to the remaining signatures, planning to work with a handwriting expert over the next few days.[1]
HEAVEN FORBID THAT THERE BE A VOTE OF CONFIDENCE/NO CONFIDENCE
"That will be done this week in preparation for a legal challenge. The clerks don't have the ability to make any legal assessment about handwriting, so that's something we're doing in preparation for a legal challenge. I'm very confident that this recall will be stopped before it gets to the ballot."[1]
GRASS ROOTS DEMOCRACY CAN BECOME EXPENSIVE
No one on the recall committee would comment on the funding source for recall drive or attorney fees.[1]
THE RECALL IS NOT ABOUT School Board members or former mayors. Walling spinners will have you believe the recall is about anything except true PUBLIC NO CONFIDENCE with the Mayor. We can only hope the neutral media is aware of this political dynamic.
NOT ME SAYS ONE
We asked former Mayor Don Williamson, who had been rumored to have some money in the effort, about his potential financial involvement.[1]
He told us flatly that he has not put "one penny" or "one dollar" in the effort to recall Walling.[1]
BRILLANT !
When ABC12's Cathy Shafran asked him about his future political plans, however, Williamson did tell her that he is seriously considering running in the primary next August for Flint mayor.[1]
Since this is a blog and not a neutral media fact finder My declared position is I do not support recall initiations and petition signing. My opinion is that a recall is diminishment of the electoral process. Recall petitions should be vigorously challenged. Once on the ballot I am a defender of this process of democratic accountability. The election is caused by the people not an individual or committee . Attacking them after the election is set is fruitless. When on the ballot the election is best described as a vote of confidence or a vote of non confidence. The official the focus of a recall once on the ballot must defend his or her record.
Posted here
Terry Bankert
http://goodmorningflint.com/
[1]
http://abclocal.go.com/wjrt/story?section=news/local&id=7625148
[2]
http://abclocal.go.com/wjrt/story?section=news/local&id=7625154
[3]
http://chattanoogapulse.com/newsfeatures/news-feature/politicians-at-heart-of-recall-fight-vow-legal-action123/
[4]
http://www.mlive.com/opinion/flint/index.ssf/2010/08/torn_from_the_front_page_flint_5.html
[5]
http://en.wikipedia.org/wiki/Defamation
Sphere: Related Content
Until the election is set recall petitions should be challenged. Once the election is set it is a vote of confidence or no confidence on the mayor by the people. How more democratic and fair can that be. Walling should invited the community to give him a mandate on his policies. Or they could show him the door.(gmf)
MAYOR WALLING WILL STOP THE VOTERS CHANCE TO CAST A VOTE OF CONFIDENCE OR NO CONFIDENCE ON HIM
Flint Mayor Dayne Walling says the recall effort against him will be stopped before it ever gets to a vote. [1]
WHAT RESOURCES WILL THE CITY USE TO PERSONALLY DEFEND THE MAYOR?
Walling made those comments today as he geared up for his challenge to the petition signatures.[1]
DAVID DAVENPORT, JUST ONE OF MANY.
It's been three weeks since the petition signatures targeting Flint's mayor for recall were turned in to the city clerk's office. At the time, David Davenport, the author of the recall language, said his group had validated 10,000 signatures. [1]
14,000 PEOPLE SIGNED THE PETITION ASKING FOR A VOTE OF NO CONFIDENCE
More than 14,000 signatures were turned at the end of July. Only 8,004 signatures are required for a recall election. [1]
[T]he petitions state that Walling should be recalled for laying off 23 firefighters and 46 police officers last spring.[4]
NOBODY THREW OUT SIGNATURES, IT SIMPLY WAS A GRASS ROOTS PROCESS FROUGHT WITH PROCEDURAL ERROR THE CLERKS CAUGHT
Since that day, the county clerk's office has thrown out 900 signatures.
Q: DID THE CLERKS CHECK EVERY SIGNATURE OR SIMPLY STOP THE PROCESS WHEN ENOUGH WERE FOUND PROCEURALLY VALID?
Just before last weekend, the city clerk threw out nearly 5,800 signatures, giving recall organizers a 263-vote margin of error.[1]
CLERKS EXPLAIN THE PROCESS.
According to information from the city clerk's office, those signatures were thrown out for a variety of reasons.
SIGNATURES WERE COLLECTED IN PUBLIC PLACES NOT ALL OF THE SIGNERS LIVED IN FLINT. DID YOU KNOW YOU COULD HAVE A FLINT MAILING ADDRESS BUT NOT LIVE IN THE CITY LIMITS
More than 1,400 were disqualified because they were from outside the city and nearly 1,600 were thrown out because the person signing was not a registered voter.[1]
WILL WALLING BE OFF THE TAX PAYER SUPPORTED CLOCK
Walling told us today that he's starting work tomorrow looking over the remaining signatures.[1]
And now Walling, in office for just barely one year, who had a multi-million dollar city deficit dumped in his lap, must turn away from the essential tasks of keeping the city out of state receivership, restructuring city government and payrolls and in getting some embers of economic promise glowing here in a city yearning for jobs.[4]
PEOPLE REALLY ANGRY WITH THE MAYOR COULD HAVE SIGNED TWICE
"There may be signatures that are disqualified for being duplicates, and there's not even a need to get into the more difficult issues of forgery and fraud. So those are things that could get resolved quickly this week," Walling said.
TARGETS CHALLENGING THE PROCESS IS STANDARD PRACTICE
The Chattanooga politicians who have been targeted for recall from office have hired attorneys and are vowing to fight the recall effort in court. Election Commission attorney Chris Clem said the recall effort has been riddled with legal issues, most notably the number of signatures actually required to force a recall election.[3]
FRAUD OR FORGERY IS A JUDGES DECISION NOT THE CLERKS
"The more complicated issues that would involve going before a judge would obviously take place at a later time."[1]
ALL RECALL PETITIONS SHOULD ALWAYS BE VIGOURSLY CHALLENGED
Should they not be able to identify enough signatures to be thrown out, Walling says he will pursue a legal challenge based on fraud or forgery.[1]
YOU CANNOT CASUALLY CALL PRIVATE CITIZENS CRIMINALS
His accusations have already spurred threats by an attorney hired by the Committee to Recall Dayne Walling. [1]
The group claiming to lead the recall against Walling is now threatening legal action against the city for what it calls slanderous statements made by the mayor.[1]\
Defamation—also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business,products, group, government or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed.).[5]
NAME CALLING WILL NOT GET US ANYWHERE
The committee leading the recall effort against Flint Mayor Dayne Walling is threatening legal action, claiming the mayor made "slanderous" statements about the group. [2]
COMMITTEE GIVES PUBLIC NOTICE TO THE MAYOR
The attorney for the group told city leaders Monday night at council that if the mayor does not retract the statements, then it could be the foundation for a legal fight. [2]
The signatures to recall Walling were turned in last week, and will be examined this week.[2]
WHAT LAWYERS?
The mayor says he is working with lawyers about these accusations being made, but more than anything, right now he's focused on stopping this recall in its tracks.[2]
"The mayor had wrongly characterized as the crew," said attorney Anthony Lubkin, who represents the Committee to Recall Dayne Walling.[2]
WRITTEN NOTICE, PRE EMPTIVE!
Lubkin read a letter at the Flint City Council meeting Monday, urging council members to speak out and distance the city from claims made by the mayor in the media.[2]
WHY COST THE CITY MORE MONEY!
"If not retracted by the mayor and repudiated by City Council, it could be the basis of legal action against the city," Lubkin said.[2]
THE ORGANIZERS BROUGHT THE “ WILL/OPINION” OF 14,000 FORWARD TO BE HEARD.
Dan Parks, John Carpenter and Craig Smith are on the committee. Author of the language, David Davenport, is not a member.[2]
THIS IS A DEMOCRATIC PROCESS AMERICANS HAVE A RIGHT TO BE INVOLVED
"We would like to make sure that it is clear that our people aren't being called criminals," Lubkin said.[2]
MANY WILL SUPPORT THE MAYOR AND IF RECALLED QUESTION FLINT
But recall the one guy, Mayor Walling, who is actually trying the right-size city government, and what will Flint have proven?[4]
In the words of Flint native Bill Ballenger, editor of Inside Michigan Politics, “It’s getting to a point that you really wonder if Flint’s governable.”[4]
JUST WHAT HAS BEEN THROWN ANYWHERE
Fourteen-thousand signatures were collected. At a community meeting, the mayor said he is planning to work with a handwriting expert and challenge the ones that have not been thrown out.[2]
REGULAR ELECTIONS ARE IMPORTANT AND THE PETITIONS SHOULD BE RIGIOURSLY CHALLENGED
"There may be signatures that'll be disqualified for being duplicates, and there's not even a need to get into the more complicated issues around forgery or fraud," Walling said.
"I'm very confident this recall will be stopped even before it gets to the ballot."
CITY COUNCIL, NO COMMENT
City Council President Delrico Loyd says the council does not plan on commenting on this matter.[2]
THE COURT PROCESS COULD DELAY AN ELECTION BEYOND THE HIGH TURNOUT NOVEMBER GENERAL. WHICH WOULD BE BETTER A HIGH TURNOUT ELECTION OR A SPECIAL ELECTION? FOR WHOM?
The mayor says if he cannot find enough signatures to disqualify the recall by the end of the week, then he plans on pursing legal action.[2]
TO START A RECALL DOES NOT REQUIRE FORMALITY IN FACT TRUE GRASS ROOTS EFFORTS ARE MESSY.
The group calling itself The Committee To Recall Dayne Walling says it is now leading the fight to recall the mayor.[1]
ONCE A BALLOT QUESTION IS ESTABLISHED AND MONEY IS USED TO PERSUADE THE PUBLIC HOW TO VOTE A COMMITTEE AND FINANCIAL ACCOUNTABILITY IS REQUIRED.
They made a point to tell ABC12's Cathy Shafran that the author of the recall language, David Davenport, is not a member of their committee, but just one of the many people collecting signatures.[1]
NOBODY REALLY HEADED THE PETITION DRIVE
Davenport confirmed today he is no longer leading the drive.[1]
NOW THAT AN ELECTION DATE IS IMMENENT THE COMMITTEE IS DOING THE RIGHT THING IN A TIMELY MANNER
The new committee members are real estate owners Dan Parks and Craig Smith. They say they've hired an Owosso attorney to represent them.[1]
LEGAL NOTICE IS THE FIRST STEP
That attorney says he has written the mayor and city council threatening legal action if the mayor does not retract statements suggesting the signatures were gathered in a fraudulent manner.[1]
WHO WILL PAY FOR THE HANDWRITING EXPERT
The attorney is expected to repeat that threat again at tonight's city council meeting.
Walling, meanwhile, is moving ahead with his challenges to the remaining signatures, planning to work with a handwriting expert over the next few days.[1]
HEAVEN FORBID THAT THERE BE A VOTE OF CONFIDENCE/NO CONFIDENCE
"That will be done this week in preparation for a legal challenge. The clerks don't have the ability to make any legal assessment about handwriting, so that's something we're doing in preparation for a legal challenge. I'm very confident that this recall will be stopped before it gets to the ballot."[1]
GRASS ROOTS DEMOCRACY CAN BECOME EXPENSIVE
No one on the recall committee would comment on the funding source for recall drive or attorney fees.[1]
THE RECALL IS NOT ABOUT School Board members or former mayors. Walling spinners will have you believe the recall is about anything except true PUBLIC NO CONFIDENCE with the Mayor. We can only hope the neutral media is aware of this political dynamic.
NOT ME SAYS ONE
We asked former Mayor Don Williamson, who had been rumored to have some money in the effort, about his potential financial involvement.[1]
He told us flatly that he has not put "one penny" or "one dollar" in the effort to recall Walling.[1]
BRILLANT !
When ABC12's Cathy Shafran asked him about his future political plans, however, Williamson did tell her that he is seriously considering running in the primary next August for Flint mayor.[1]
Since this is a blog and not a neutral media fact finder My declared position is I do not support recall initiations and petition signing. My opinion is that a recall is diminishment of the electoral process. Recall petitions should be vigorously challenged. Once on the ballot I am a defender of this process of democratic accountability. The election is caused by the people not an individual or committee . Attacking them after the election is set is fruitless. When on the ballot the election is best described as a vote of confidence or a vote of non confidence. The official the focus of a recall once on the ballot must defend his or her record.
Posted here
Terry Bankert
http://goodmorningflint.com/
[1]
http://abclocal.go.com/wjrt/story?section=news/local&id=7625148
[2]
http://abclocal.go.com/wjrt/story?section=news/local&id=7625154
[3]
http://chattanoogapulse.com/newsfeatures/news-feature/politicians-at-heart-of-recall-fight-vow-legal-action123/
[4]
http://www.mlive.com/opinion/flint/index.ssf/2010/08/torn_from_the_front_page_flint_5.html
[5]
http://en.wikipedia.org/wiki/Defamation
Sphere: Related Content
Sunday, August 22, 2010
RECALL, PUBLIC SAFTEY AND THE SPIN BEGINS.
A grass roots committee aiming to recall Flint's Mayor is one step closer to getting on the November 2 ballot.
ABC12's Iris Perez investigates why Mayor Dayne Walling expects at least 1,000 petition signatures will be thrown out.
...Mayor Walling tells reporters the signatures were collected in a misleading way.
But Recall Committee members deny that claim, saying the language on the petition is clear.
Ms. Iris Perez I believe you have been misled by the mayor and his spin managers.
Mr. Dan Parks is one of over 15,000 participants in the effort to recall Flint Mayor Dayne Walling.
These Petition were signed by a grass roots movement to PUT PUBLIC SAFTEY FIRST in Flint. "Many people, thousands of people in this city voluntarily signed those petitions, the language is as clear as can be .... After he made the cuts, it just gave the criminals a get-out-of-jail-free card.
"http://abclocal.go.com/wjrt/story?section=news%2Flocal&id=7622536
Ms Prez You seemed to struggle to bring Mr. Davenport into your article. He is an irrelevant bit payer in this drama. Some say of the Mayor of Flint. "He lied. He campaigned that he was for neighborhoods. He's put not one dime into any neighborhood in this city. "
The only thing he did was take it away by cutting public safety."
The mayor misled you by saying the signature are down to 8,0000. That number is all that was required to cause an election .
The Clerks office procedure then holds those remaining in reserve if the mayor can cause a couple more to be rejected. I was once flint City Clerk and have conducted petition signature checks.
The mayor spins common practice into a negative against the grass roots citizens movement. “When they turned them in, there were 15,000. Now the clerk has it down to 8,200 and change. And we know that another thousand or more have problems," added Walling.
The Cleks has thousands of signatures in reserve to count.
Mr. Rozycki is dead wrong. He says . "Recalls were meant really to remove someone who is clearly incompetent and corrupt. Probably not designed to remove someone you just disagree with," said Analyst Paul Rozycki.
The recall movement is a democratic process to allow the community to hold its elected officials accountable for their public policy decisions between election.
Recalls can reverse the prior election and thus must be held to highest standard of review and challenge. But if these petitons qualify and a recall of the Mayor is placed on the November high turnout election.
What better election could have been selected to allow the community to decides the future of Dayne Walling and the question,
DOES THE MAYOR OF FLINT PLACE PUBLIC SAFTEY FIRST?
Dayne Walling Mayor of Flint is a highly accomplished individual. Flint's image has improved because of his Mayorialship. Some disagree with his public policy choices.
Some say the level of funding for police and fire was set to low . Some... because they think to this Mayor public saftey is a low priority signed recall petitions against him. To set aside the will of the people who elected Mayor Walling to a 4 year term is a significant event.
A mechanism is available through the clerks office for validation and the courts for direct challenge.
After this test if there is in fact a recall election the community can decide at a high turnout election if the Walling election should continue. it will be a one sided contest. Walling will have an unchallenged opportunity to take his message to the voters.
The petition organizers simply facilitated the community will to put this question on the ballot. I think recalls are destabilizing and would never sign a petition. But in our democracy the voters have this recall opportunity to hold a Mayor accountable for his policy decisions.
Our community should be actively involved in an informed debate on the appropriate level of public saftey (polic and fire) that Flint should have and what are the tradeoffs.
Should other issues beyond public saftey be argued? My first impression was yes but now I think we should focus on what was on the petition PUBLIC SAFTEY FUNDING.
Should the recall organizers be challenged? Its Walling option. I say focus on the issue of public saftey. Why is the funding at the level its is? What could Walling have done to not layoff as many police and fire as he did? Whose fault was it that negotiations broke down?
Did the mayor make the right decision as to funding and management of public saftey services?
Saturday, August 21, 2010
Flint Mayor Walling RE-CALL...WHATS YOUR OPINION?
NOT ANOTHER RE-CALL! ...
What has Walling,Flint Michigan Mayor done to deserve being re-called?It appears he has not put public saftey first,to some.
I do not support re-calls.
I think it minimizes the importance of elections.
I do support accounability.It is very difficult to get this on the ballot.A demonstration of discontent.
After the challenges,which there should always be and if it is then placed on the ballot the Mayor should be held accountable.
ACCOUNTABLE TO YOU FLINT VOTERS.
Flint Journal coverage
http://www.mlive.com/news/flint/index.ssf/2010/08/flint_mayor_dayne_walling_plan.html
This quote caught my attention.
Walling said he plans on fighting against the individuals who are "disgruntled at decisions that I've made in the best interests of the community."
I do not support recalls as stated above and I do support you finishing your term and mabey more. But I also support government accountability. As a former Flint Ombudsman my opinion is that when your citizens express displeasure you should embrace that as a legimate form of citizen participation in the governance of their city. But you said in a sweeping manner "Walling said he plans on fighting against the individuals who are "disgruntled at decisions that I've made in the best interests of the community."
I hope you ment , Mr Mayor,to narrow your target to mean the recall organizers. But you did not. A reasonable person would think you mean to harm those that that voice any dissatisfaction with your administration. If that is correct how odd. I looked and disgruntled means discontented or dissatisfied. A lot of people fit that issue to issue. You should clarify that statement. Sphere: Related Content
What has Walling,Flint Michigan Mayor done to deserve being re-called?It appears he has not put public saftey first,to some.
I do not support re-calls.
I think it minimizes the importance of elections.
I do support accounability.It is very difficult to get this on the ballot.A demonstration of discontent.
After the challenges,which there should always be and if it is then placed on the ballot the Mayor should be held accountable.
ACCOUNTABLE TO YOU FLINT VOTERS.
Flint Journal coverage
http://www.mlive.com/news/flint/index.ssf/2010/08/flint_mayor_dayne_walling_plan.html
This quote caught my attention.
Walling said he plans on fighting against the individuals who are "disgruntled at decisions that I've made in the best interests of the community."
I do not support recalls as stated above and I do support you finishing your term and mabey more. But I also support government accountability. As a former Flint Ombudsman my opinion is that when your citizens express displeasure you should embrace that as a legimate form of citizen participation in the governance of their city. But you said in a sweeping manner "Walling said he plans on fighting against the individuals who are "disgruntled at decisions that I've made in the best interests of the community."
I hope you ment , Mr Mayor,to narrow your target to mean the recall organizers. But you did not. A reasonable person would think you mean to harm those that that voice any dissatisfaction with your administration. If that is correct how odd. I looked and disgruntled means discontented or dissatisfied. A lot of people fit that issue to issue. You should clarify that statement. Sphere: Related Content
Friday, August 20, 2010
Clutch Cargo
Little know fact
Edwin "Ted" Gillette, at age 94, on Tuesday, September 30 2003 , in Los Angeles. Ted was the inventor of the Syncro-Vox device used to produce those unique "talking lips" in the original Clutch Cargo cartoons. The effect is also used from time to time on "Late Night With Conan O'Brien."
Sphere: Related Content
Edwin "Ted" Gillette, at age 94, on Tuesday, September 30 2003 , in Los Angeles. Ted was the inventor of the Syncro-Vox device used to produce those unique "talking lips" in the original Clutch Cargo cartoons. The effect is also used from time to time on "Late Night With Conan O'Brien."
Sphere: Related Content
Thursday, August 19, 2010
PRESS PASS, GOOD MORNING FLINT!
What can we do collectively to increase quality information to better our lives, dominate politics and the market place. What are your thoughts? I have a few, but the water is deep. I am moving Good Morning Flint! in the direction described
SEE
http://www.goodmorningflint.com/ Sphere: Related Content
SEE
http://www.goodmorningflint.com/ Sphere: Related Content
GOOD MORNING FLINT! 8/18/10
GOOD MORNING FLINT!
We are the cultural melting pot of the world. Some would change that tradition. Sadly we drift away from our dual core values of Freedom of Religion and separation of Church and State. Church's should stay out of organized politics and every Religion should be treated equally. Since the choice of Relig...ion is the only issue, build the Muslim prayer center/Mosque
at ground Zero in N.Y.!
Sphere: Related Content
We are the cultural melting pot of the world. Some would change that tradition. Sadly we drift away from our dual core values of Freedom of Religion and separation of Church and State. Church's should stay out of organized politics and every Religion should be treated equally. Since the choice of Relig...ion is the only issue, build the Muslim prayer center/Mosque
at ground Zero in N.Y.!
Sphere: Related Content
Wednesday, August 18, 2010
It's Public Saftey First...Stupid!
GOOD MORNING FLINT! 08-18-10.
Serial slashing, Serial Arsons,Serial acts of political leadership incompetence! ! If James Carville were to comment on the needs of Flint I suggest he Would say "Its public saftey first...Stupid."
If I were king the treasury would be emptied for Police and Fire...we are running out of time! We need a community conversation, not to be told. We need leather on the street not press conferences, sounds bites, or credit taking. We need a call to action, now! Just what is the plan? If there is not one you must raise your voice. I've raised mine, all in.
The trade off the community must demand when it provides a police force with our last resources and sends a message to take the gloves off is to demand the internal committment to professionalisn, to include training on use of force and inc...reasing public trust by how the non criminals are treated . Internal mechanisms must be strengthened to monitior use of force and sanction its misuse... Let me be clear as a liberal and former Flint Ombudsman I advocate increasing the PFD to 4 per thousand population, send a clear message to the deparment to take the gloves off and protect the innocent by aggressive internal monitoring of use of force and aggressive action against known criminal elements in this community. Time is running out. Sphere: Related Content
Serial slashing, Serial Arsons,Serial acts of political leadership incompetence! ! If James Carville were to comment on the needs of Flint I suggest he Would say "Its public saftey first...Stupid."
If I were king the treasury would be emptied for Police and Fire...we are running out of time! We need a community conversation, not to be told. We need leather on the street not press conferences, sounds bites, or credit taking. We need a call to action, now! Just what is the plan? If there is not one you must raise your voice. I've raised mine, all in.
The trade off the community must demand when it provides a police force with our last resources and sends a message to take the gloves off is to demand the internal committment to professionalisn, to include training on use of force and inc...reasing public trust by how the non criminals are treated . Internal mechanisms must be strengthened to monitior use of force and sanction its misuse... Let me be clear as a liberal and former Flint Ombudsman I advocate increasing the PFD to 4 per thousand population, send a clear message to the deparment to take the gloves off and protect the innocent by aggressive internal monitoring of use of force and aggressive action against known criminal elements in this community. Time is running out. Sphere: Related Content
Tuesday, August 17, 2010
Flint Firefighter Jeremy Turner
UNDERFUNDED FIRST RESPONDERS ARE RISKING THEIR LIVES FOR US.
We are all equal but with out the strength and bravery of first responders we have nothing. Two fires, shots, a rookie then injury. His family will need economic support, his job protected, if it is determined to be intentionally set the prosecution a must. All is not well in Flint but with leadership we have a way out. Without well funded first responders we would have no safety in Flint. Our hearts go out to Jeremy Turner
DID YOU KNOW
A rookie firefighter was badly burned this morning as he fought a fire that may have been intentionally set. [1]
ROOKIE FIREFIGHTER
Rookie firefighter Jeremy Turner, 31, had just been called back by the Flint Fire Department. [1]
NORTH OF HURLEY MEDICAL CENTER, TWO FIRES
The fire happened just north of Hurley Medical Center on Wolcott Street and 8th Avenue.
There were two fires that fire officials believe were intentionally set.
GRANDSON SHOOTING THE PLACE UP
They say the grandson of the people who lived here shot someone earlier.[1]
AK-47 THE GENTLEMANS CHOICE OF WEAPONRY IN FLINT!
Perhaps in retaliation, the house was shot up. There were AK-47 casings all over the house. It was set on fire around midnight and again around 5 a.m.[1]
SECOND FIRE, SHOTS AND A ROOKIE IS SENT IN?
Turner was among the firefighters responding to the second fire. He was at the front door with a hose when the floor beneath him gave way, causing him to drop into the basement, which was engulfed in flames. [1]
The Davis', who live across the street, are surprised and shocked that anyone, including a firefighter made it out of the burning inferno alive.[3]
"This was like a gas tanker blowing up on fire," said Kent. Except it wasn't a tanker, it was a home at the corner of Wolcott and 8th Avenue. The homeowners were not inside.[3]
It was the second time firefighters were at the house on fire in one night. The first time was for the fire, the second time they said they thought it was just a rekindling.[3]
THERESA WHAT WERE YOU THINKING
Battalion Chief Theresa Root says it all happened very fast. "We need to get out now. So the firefighter tapped on Turner's shoulder, and just as he was doing that, the injured firefighter went down, went right through the floor. [1]
UPWARD TREND IN FIRES
The fire continues a disturbing trend of arsons in the city that began in March when the city announced it was laying off firefighters, including Turner.[2]
Already this month, the city has had 24 suspected arsons compared to 22 for the entire month of August last year.[2]
Between late March and mid-May, the city averaged nearly three arson fires a day — numbers that slowed after the city got a federal grant to bring Turner and the other firefighters back to work.[2]
HEROIC RESCURE BY HIS FELLOW FIREFIGHTERS
Into the basement ... into the fire."
As Turner lay helpless in the basement, his fellow firefighters responded quickly. "There were four firefighters had to pull him out, and by the time he came out, it might have been 10 seconds."[1]
EXCRUITATING PAIN, SEND HIM YOUR PRAYERS
According to Root, Turner is in critical condition in the burn unit at Hurley Medical Center, just across the street on Wolcott. "He was 'Am I going to live? Am I going to be able to fight fire again?' And it just breaks you up," Root said. "An excellent firefighter."
Turner, who we talked to back in April, has second- and third-degree burns. "The pain started two or three minutes after we pulled him out, and I guess, according to Jeremy, it's excruciating pain," Root said.[1]
WHAT AN IMPACT ON HIS YOUNG FAMILY
His wife, who's eight months pregnant, is by his bedside right now.
Root says it really hit her hard when Turner held up his arms up, and it was clear that he was badly burned. [1]
IF THIS FIRE WAS INTENTIOPNALLY SET PROSECUTION NEEDED
She believes eventually Turner will be OK. She's never questioned his commitment. "You know you hate to say it goes with the job and it doesn't help when we have people trying to get us hurt or setting these fires, but I do want to you know that Jeremy Turner has told his family that he was born to be a firefighter."[1]
Flint should be proud to have such dedicated men/women working to save their city from the idiots who try to burn it to the ground. Thank you, Flint Fire Department, for saving his life.[cmrtants at1]
[1]
http://abclocal.go.com/wjrt/story?section=news/local&id=7612389
[2]
http://www.mlive.com/news/flint/index.ssf/2010/08/injured_firefighter_jeremy_tur.html
[3]
http://www.wnem.com/news/24650741/detail.html Sphere: Related Content
We are all equal but with out the strength and bravery of first responders we have nothing. Two fires, shots, a rookie then injury. His family will need economic support, his job protected, if it is determined to be intentionally set the prosecution a must. All is not well in Flint but with leadership we have a way out. Without well funded first responders we would have no safety in Flint. Our hearts go out to Jeremy Turner
DID YOU KNOW
A rookie firefighter was badly burned this morning as he fought a fire that may have been intentionally set. [1]
ROOKIE FIREFIGHTER
Rookie firefighter Jeremy Turner, 31, had just been called back by the Flint Fire Department. [1]
NORTH OF HURLEY MEDICAL CENTER, TWO FIRES
The fire happened just north of Hurley Medical Center on Wolcott Street and 8th Avenue.
There were two fires that fire officials believe were intentionally set.
GRANDSON SHOOTING THE PLACE UP
They say the grandson of the people who lived here shot someone earlier.[1]
AK-47 THE GENTLEMANS CHOICE OF WEAPONRY IN FLINT!
Perhaps in retaliation, the house was shot up. There were AK-47 casings all over the house. It was set on fire around midnight and again around 5 a.m.[1]
SECOND FIRE, SHOTS AND A ROOKIE IS SENT IN?
Turner was among the firefighters responding to the second fire. He was at the front door with a hose when the floor beneath him gave way, causing him to drop into the basement, which was engulfed in flames. [1]
The Davis', who live across the street, are surprised and shocked that anyone, including a firefighter made it out of the burning inferno alive.[3]
"This was like a gas tanker blowing up on fire," said Kent. Except it wasn't a tanker, it was a home at the corner of Wolcott and 8th Avenue. The homeowners were not inside.[3]
It was the second time firefighters were at the house on fire in one night. The first time was for the fire, the second time they said they thought it was just a rekindling.[3]
THERESA WHAT WERE YOU THINKING
Battalion Chief Theresa Root says it all happened very fast. "We need to get out now. So the firefighter tapped on Turner's shoulder, and just as he was doing that, the injured firefighter went down, went right through the floor. [1]
UPWARD TREND IN FIRES
The fire continues a disturbing trend of arsons in the city that began in March when the city announced it was laying off firefighters, including Turner.[2]
Already this month, the city has had 24 suspected arsons compared to 22 for the entire month of August last year.[2]
Between late March and mid-May, the city averaged nearly three arson fires a day — numbers that slowed after the city got a federal grant to bring Turner and the other firefighters back to work.[2]
HEROIC RESCURE BY HIS FELLOW FIREFIGHTERS
Into the basement ... into the fire."
As Turner lay helpless in the basement, his fellow firefighters responded quickly. "There were four firefighters had to pull him out, and by the time he came out, it might have been 10 seconds."[1]
EXCRUITATING PAIN, SEND HIM YOUR PRAYERS
According to Root, Turner is in critical condition in the burn unit at Hurley Medical Center, just across the street on Wolcott. "He was 'Am I going to live? Am I going to be able to fight fire again?' And it just breaks you up," Root said. "An excellent firefighter."
Turner, who we talked to back in April, has second- and third-degree burns. "The pain started two or three minutes after we pulled him out, and I guess, according to Jeremy, it's excruciating pain," Root said.[1]
WHAT AN IMPACT ON HIS YOUNG FAMILY
His wife, who's eight months pregnant, is by his bedside right now.
Root says it really hit her hard when Turner held up his arms up, and it was clear that he was badly burned. [1]
IF THIS FIRE WAS INTENTIOPNALLY SET PROSECUTION NEEDED
She believes eventually Turner will be OK. She's never questioned his commitment. "You know you hate to say it goes with the job and it doesn't help when we have people trying to get us hurt or setting these fires, but I do want to you know that Jeremy Turner has told his family that he was born to be a firefighter."[1]
Flint should be proud to have such dedicated men/women working to save their city from the idiots who try to burn it to the ground. Thank you, Flint Fire Department, for saving his life.[cmrtants at1]
[1]
http://abclocal.go.com/wjrt/story?section=news/local&id=7612389
[2]
http://www.mlive.com/news/flint/index.ssf/2010/08/injured_firefighter_jeremy_tur.html
[3]
http://www.wnem.com/news/24650741/detail.html Sphere: Related Content
Monday, August 16, 2010
DIVORCE OVERVIEW
A Family Divorce starts with the filing of divorce legally.
But between the man and wife it begins much earlier.
A divorce will ultimately be granted under the no fault standard. The first decisions will be when to file, where to file, whether to seek child support, custody ,alimony and other temporary relief.
On the filing date one party must have resided in Michigan for at least 180 days and in Genesee County for 10 days immediately before filing. Residence means the place of a permanent home where the party intends to remain. Residence has the same meaning for county and state purposes.
Mere physical presence in the county for 10 days does not establish residence. Lehaman v Lehman, 312 Mich 102, 19 NW2d 502, (1945). Residence means the place of a permanent home where a party intends to remain. Banfield v Banfield, 318 Mich 38. If both parties live in Michigan the party that files first will establish the case in the county they file in.(venue)
A Michigan resident who enters the military does not lose residency status because they are out of state McFadden v McFaddeen 336, Mich 557, 59 NW2d 1 (1953). There are limitations on what may be done while a parent is on active duty.
Legal ground for divorce in Michigan is when "There has been a breakdown in the marital relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved." MCL 552.6
The other spouse needs to be notified , called service, and given reasonable opportunity to retain counsel. Sometimes it takes a while for both parties to accept that they are divorcing.
When there are minor children and one of the parents is incarcerated the party starting the divorce must contact the Department of Corrections to confirm the prison number and location of the party and put this in the complaint for divorce. The caption of the petition or motion must state that a telephonic hearing is required. MCR 2.004(B). The court must issue an order requesting that the Department or facility where the party is located allow the inmate to participate in the proceeding by telephone. County jails are not included in this statute.
Most cases involve a series of scheduling and settlement events with the court. There may be a hearing on temporary issues to stabilize the family until a divorce judgement can be entered. There is a mandatory waiting period of 60 days for families without children and 6 months for families with children. The waiting period is for the benefit of the children. In Genesee County the series of events will begin with a temporary hearing court date to stabilize children and family finances.
The court will several months later set a pretrial date to resolve discovery timeliness and narrow the issues followed by a settlement conference with the judge and then trial. The parties may settle at any time.
Friend of the court mediation may be provided for custody and parenting time disputes. The court may at any time refer a contested issue to mediation.
Some local judges have an alternative dispute resolution or mediation process that they order their cases to.This is where a third party and attorney or an agency tries to resolve the issues without a trial.
The legal procedure concludes with entry of a judgement of divorced. Most cases get to this point without a trial. There is a great value in the parties settling their own issues of children and finances. Good parenting in divorce includes the ability of the parents to learn ways to negotiate their difference and show children that they are loved and secure.
The final document entered with the court called a judgement of divorce. To finalize the judgement a brief court hearing is required. Consent judgement are routinely approved.
No divorce judgement may be entered without a hearing in open court at which proofs are taken. The testimony of at least one party must establish the statutory grounds for divorce and
jurisdiction.
In those few cases where a trial is required entry of judgement follows a ruling by the court on the disputed issues. The parties are divorced when the judgement is signed and filed with the court.
Posted here by:By Attorney Terry Ray Bankert 810 235-1970
http://attorneybankert.com/
Divorce, Custody, Child Support, Alimony, Child Neglect, Flint Michigan USA Lawyer.
http://terrybankert.blogspot.com/
Articles on Divorce and lawyers in Flint, Genesee County Michigan USA
http://terrybankert.blogspot.com/2006/09/divorce-attorneys-and-law-in-flint.html
Do you need help now?Call 810 235-1970
See:
Michigan Family Law Benchbook Second Edition, Institute of Continuing Legal Education 2006, Chapter 1
Michigan Family Law 6th Edition, Institute of Continuing Legal Education 2006
Sunday, August 15, 2010
EDUCATION AND PUBLIC SAFTEY SERVICES , SHOULD THEY BE LOCAL OR REGIONAL?
MY OPINION-
Q: ARE PUBLIC SCHOOLS WORKING TO MY EXPECTATION?
A: NO!
Q: HOW ABOUT YOUR EXPECTATION?
...Q: SHOULD PUBLIC SCHOOLS BE CONSOLIDATED AND PRIVATE SCHOOLS MADE PRIVATE PAY ONLY?
A: YES!
http://www.mlive.com/news/index.ssf/2010/08/michigans_system_of_550_public.html
Q: IS THE CITY OF FLINT LIVING UP TO ITS PUBLIC SAFTEY RESPONSIBILITIES?
A: NO.
Q: WHAT DO YOU THINK?
Young families must trust the schools they send their children to. My observation is that trust has been broken. It is in the citizens interest to have a strong public school system. Charter schools are taking scarce tax dollars from the public schools. My sense is that young families will choose to not move to Flint, many have no choice ,because of a sense of fear for their children here.The entire system must be reorganized. I, choking, am moving closer to supporting regional government for basic services to include education. Just what do we have when we do not trust local governments for public saftey and education? Nothing! What is needed is (1)an intense public debate on public saftey and public education and (2)the leadership to make it happen. Are you up to it?
Friday, August 13, 2010
EVIL, Elias Abuelazam and Flint Michigan
Our streets will fill with Satellite trucks, media stars and activist commentors seeking fame, the victems cannot be returned.
Elias Abuelazam will get his day in court. The system presumes him to be innocent until proven guilty. The world will be watching.
We Flint residents pray this arrest ends our summer of fear. It seem like every four days since late May, a killer approached men on lonely roads at night, asking for directions or help with a broken-down car. Attempted murder followed. We are a kind helpful community and have been victemized in a hundred different ways and now this. Evil would pull out a knife, plunge , often repeatedly it into his victim and speed away. Thank You to Law enforcement and those who cooperated. Our deepest sympathy to the injured, dead and their families. Justice must be served.
LINK TO THIS PAGE
http://goodmorningflint.blogspot.com/2010/08/evil-photo.html
UPDATE 08/16/2010
VIDEO
http://news.yahoo.com/video/us-15749625/21380985#video=21421827
AGGREGATE NEW UPDATE 08/13/10
YOU TUBE
http://www.youtube.com/watch?v=A1OmCJJDasM
VULNERABLE ON THE STREETS Fear grips those who get around Flint on foot
Detroit Free Press - Gina Damron - 4 hours ago
FLINT -- Before Thursday, walking the streets of Flint late at night or early in the morning brought about a sense of fear. ...
-
Suspected serial killer awaiting extradition
Atlanta Journal Constitution - Rhonda Cook, Larry Hartstein - 18 minutes ago
A suspected serial killer wanted in three states is facing extradition to Michigan, where an arrest warrant was issued ...
Serial Stabbing Suspect a 'Gentle Giant,' But With History of Violence
ABC News - Lee Ferran, Courtney Chapman - 36 minutes ago
A complex picture of Elias Abuelazam, the Israeli-Arab man arrested in connection to five murders and 13 ...
Mich. prosecutor: No motive for serial stabbings
Chicago Tribune - 1 hour ago
AP Genesee County Prosecutor David Leyton says "there is no motive at this point" as authorities continue investigating a man being held in connection with ...
Man sought in serial stabbings captured
National Post (blog) - 1 hour ago
The mystery stabber sought in the deaths of five people and the wounding of 15 more has been arrested at Atlanta airport. Elias Abuelazam, 33, was detained ...
Details on stabbing suspect's capture
CNN - Susan Candiotti, Jeanne Meserve - 1 hour ago
By the CNN Wire Staff Atlanta, Georgia (CNN) -- A suspected serial killer accused of slashing victims in three states should have an extradition hearing in ...
- Sphere: Related Content
Elias Abuelazam will get his day in court. The system presumes him to be innocent until proven guilty. The world will be watching.
We Flint residents pray this arrest ends our summer of fear. It seem like every four days since late May, a killer approached men on lonely roads at night, asking for directions or help with a broken-down car. Attempted murder followed. We are a kind helpful community and have been victemized in a hundred different ways and now this. Evil would pull out a knife, plunge , often repeatedly it into his victim and speed away. Thank You to Law enforcement and those who cooperated. Our deepest sympathy to the injured, dead and their families. Justice must be served.
LINK TO THIS PAGE
http://goodmorningflint.blogspot.com/2010/08/evil-photo.html
UPDATE 08/16/2010
VIDEO
http://news.yahoo.com/video/us-15749625/21380985#video=21421827
AGGREGATE NEW UPDATE 08/13/10
YOU TUBE
http://www.youtube.com/watch?v=A1OmCJJDasM
VULNERABLE ON THE STREETS Fear grips those who get around Flint on foot
Detroit Free Press - Gina Damron - 4 hours ago
FLINT -- Before Thursday, walking the streets of Flint late at night or early in the morning brought about a sense of fear. ...
-
Suspected serial killer awaiting extradition
Atlanta Journal Constitution - Rhonda Cook, Larry Hartstein - 18 minutes ago
A suspected serial killer wanted in three states is facing extradition to Michigan, where an arrest warrant was issued ...
Serial Stabbing Suspect a 'Gentle Giant,' But With History of Violence
ABC News - Lee Ferran, Courtney Chapman - 36 minutes ago
A complex picture of Elias Abuelazam, the Israeli-Arab man arrested in connection to five murders and 13 ...
Mich. prosecutor: No motive for serial stabbings
Chicago Tribune - 1 hour ago
AP Genesee County Prosecutor David Leyton says "there is no motive at this point" as authorities continue investigating a man being held in connection with ...
Man sought in serial stabbings captured
National Post (blog) - 1 hour ago
The mystery stabber sought in the deaths of five people and the wounding of 15 more has been arrested at Atlanta airport. Elias Abuelazam, 33, was detained ...
Details on stabbing suspect's capture
CNN - Susan Candiotti, Jeanne Meserve - 1 hour ago
By the CNN Wire Staff Atlanta, Georgia (CNN) -- A suspected serial killer accused of slashing victims in three states should have an extradition hearing in ...
- Sphere: Related Content
Saturday, August 7, 2010
EVIL,CAUGHT GOOD WORK LAW ENFORCEMENT, lets hope he is the one!
An artist redition of alledged Flint MI serial killer. If you see this man, get away and call 911.
see
http://www.aolnews.com/crime/article/expert-michigan-serial-killer-is-learning-how-to-kill/19584066[trb]
This article is a morphed archive of media coverage on this event. The link directly to this page follows.
http://goodmorningflint.blogspot.com/2010/08/evil.html
COMMENT:
What our communities have felt was fear of the unknown assailant and random violence to ourselves and families. This has been a new expierence for me. There are members of our community that feel this fear every day in their neighborhoods. Public saftey must be our number one concern. The community should take note that their communication with the police solved , as it appears so far, this crime. We all should communicate openly with the police during all criminal investigations. That will make our communities safer.
Terry Bankert 08/12/2010
UPDATED 8/12/10 a.m.
Breaking: Suspected serial killer arrested in Atlanta [24]
-
Authorities told the AJC that Michigan officials alerted airport authorities that the man was at Hartsfield-Jackson. He was intercepted at a gate but it was not known if he had passed through the security checkpoint in Atlanta or if he was changing planes and did not have to clear security here, authorities said.
APD was one of several law-enforcement agencies that cooperated on the arrest at 9:45 p.m.
"He was definitely trying to leave on a flight from Hartsfield," police spokesman Carlos Campos said. "We're strictly holding him for Michigan authorities."[23]
--
The man was arrested on charges unrelated to the slashing spree that has left five people dead and others wounded in Michigan, Ohio and Virginia, officials said."While this is a key step in the investigation, there are are still many issues that need to be addressed before we identify this individual as the person responsible for this horrific crime spree," the Leesburg, Va. police said in a statement.[22]
---
http://www.myfoxdetroit.com/dpp/news/local/police-arrest-suspect-in-serial-stabbings-case-in-atlanta-20100812-mr
[21]
The Fox News affiliate in Detroit, quoting its counterpart in Atlanta, said the suspect was arrested late Wednesday by federal air marshals as he was attempting to flee the country.[20]
We know they have executed search warrants in Flint, Burton, and Grand Blanc.
Sources say they found the suspect’s car in Grand Blanc.
Genesee County Authorities will be holding a press conference Thursday morning.[19]
FLINT, Mich. -- Police say they have a man in custody in connection with the Flint-area serial stabbing case.
Media report outlets out of Detroit said the suspect worked at the King Water Market party store in Beecher, located just north of Flint.
Officers used surveillance video from the store -- located on West Coldwater Road -- to confirm the man previously worked at that store, WDIV Local 4 reported.
The man was arrested Wednesday afternoon in Atlanta, Georgia.
He is accused of attacking 20 men in Michigan, Ohio and Virginia since May 24, killing five and wounding the others.
The first 16 attacks happened in and around the working-class city of Flint.
A Michigan State Police task force, which includes the FBI, received more than 460 tips.[18]
UPDATED 8/11/10 P.M.
...he passed a man he says is similar to the description of the serial killer released by police, except the suspect appeared to be younger.The suspect said nothing to the victim before stabbing him. He then hopped into a truck driving by another man to take off, the victim said. The man was able to drag himself back to McLaren after the attack, said his sister,...[17]
UPDATED 08/11/2010
UPDATE 08/10/10 9:30- KILLERS CAR CAUGHT ON VIDEO SEE IT AT
http://voices.washingtonpost.com/crime-scene/loudoun/police-search-for-suv-driven-b.html
This EVOLVING article on the Flint Serial Killer is written by Flint Divorce Attorney Tery Bankert, 810-235-1970.It will be updated as new articles are written.
Last update 08/10/10 9 pm
see
http://goodmorningflint.blogspot.com/2010/08/evil.html
Authorities said the man they think is responsible for at least 18 assaults in the Flint area of Michigan and Leesburg, Va., has been spotted driving a dark green SUV with tan or gold paneling.
Leesburg police, who said the vehicle's image was capured on surveillance video, described it as a Chevrolet Blazer and said it has two grapefruit-sized dents in the hood.[16]
UPDATE 08/10/10 9 PM
The FBI's Detroit office on Tuesday joined the hunt for a serial killer believed to be responsible for the deaths of five men in and around Flint, Mich., as well as attacks on more than a dozen others in the Flint area and as far away as Leesburg, Va., in recent days.[15]
The most recent victim, a 49-year-old, was found dead in Flint at 2:30 a.m. Monday, bringing the number of attacks to as many as 20.[15]
Another Flint resident, a 26-year-old man, came forward Monday to say he was attacked on July 27 by a person fitting a police description of the suspect. [15]
In Ohio, a 59-year-old custodian taking a cigarette break outside the Toledo church where he works was stabbed repeatedly in the abdomen Saturday. He is in the hospital and is expected to survive. Both men said their attacker got out of his car and asked them for directions before stabbing them.
[15]
UPDATE: 08/09/10 12:30 PM-State Police said that, based on interviews with victims who survived stabbing attacks, they believe the killer drives a 1995 to 2006 Chevrolet S-10 Blazer, GMC Jimmy or similar type of vehicle. It’s believed to be two-tone green over beige or gold and has four doors.
UPDATE 08/09/10 4 pmLeesburg, Virginia police believe man responsible for Flint stabbings may be responsible for stabbings there. [10]
We have new information at this hour regarding the serial slasher, the man police say is responsible for killing five people, and wounding eight others in various attacks that have taken place in and around Flint since May.[10]
Now investigators in Leesburg, Virginia believe the same man maybe responsible for three attacks there in the past week. [10]
None of the attacks in Virginia has been deadly.[10]
The Leesburg police chief tells ABC12 that in one of the attacks a hammer was used, and in the other two, the victims were stabbed.[10
In the 13 cases here in Mid-Michigan, all of the victims except one were black. In Virginia, all three of the victims were African-American.[10]
Leesburg police say the suspect in their cases closely resembles the composite sketch of the suspect here, and that the vehicle is similar as well.[10]
The last attack in Michigan was Aug. 2, Price said. The first attack in Virginia was a day later. The first attack in Virginia occurred when a 15-year-old boy was stabbed in the back while jogging down a street in Leesburg. Two days later, a 67-year-old man was stabbed — also in the back — while sitting on steps of his apartment complex. The man lost a kidney but is expected to make a full recovery. And Friday, a 19-year-old victim was attacked with a hammer while walking through a shopping center parking lot.[12]
The Police in Toledo, Ohio, were also investigating whether a stabbing Saturday that critically injured a church janitor, a black man, could be linked to the serial stabber.[12]
Authorities plan a press conference for 4 p.m. today at the Genesee County Prosecutor’s Office to update the public on the investigation. State Police 1st Lt. Patrick McGreevy said police are still working to find the killer, but he said no other information would be released before the news conference today at the offices of county prosecutor David Leyton.[9]
FLINT SHORT ON POLICE AND SERIAL KILLER IN MIDST.
The already shorthanded police department in Flint, Mich., has a big problem on its hands — a serial killer who is roaming the streets at night and randomly and repeatedly knifing lone men he encounters. [5]
A news conference is scheduled for Monday afternoon.
Anyone with information is asked to call the Michigan State Police post in Flint at 810-732-1111 or Crime Stoppers at 1-800-422-5245.
[6]
Despite the painful cutbacks, Walling said the slimmed-down force is up to the challenge of finding the killer.[5]
“By having a 130-plus officer force and the partnership with the state police, we have the ability to take on very difficult, sophisticated cases like this,” he said. “The impact has really been slower response to low-priority cases.”[5]
But Ed Jacques, services director for the Police Officers Association of Michigan, said the cutbacks can’t help but hamper the investigation.[5]
He said the city of approximately 110,000 residents, despite its high crime rate, had a significantly lower ratio of officers compared with similar-sized cities.[5]
PATTERN ACKNOWLEDGED
Detectives have been investigating the attacks since they started, but a pattern only became apparent on Tuesday, a day after 49-year-old Arnold Minor was found slain along a Flint street, Johnson said. That led to the announcement that a serial killer might be on the prowl in the working-class city ravaged by economic turmoil, budget problems and police layoffs.[5]
ONE SUSPECT
Police said they want to talk with Derek S. Williams, 40, about the case. Investigators on Saturday still were looking for Williams, a parole absconder who is wanted by the state Department of Corrections. [11]
WHERE TO CALL IF YOU HAVE INFORMATION
Anyone with information is asked to call Flint police at 810-237-6800 or Crime Stoppers at 800-422-JAIL.
732-1111[suggested by the mayor]
NATIONWIDE SEARCH
Nationwide hunt for serial killer[1]
August 7, 2010; Police are conducting a nationwide search for a serial killer suspected in the killing of 13 men in Michigan.[1]
TACIAL MOTIVATED WHITE ON BLACK KNIFING
FLINT, Michigan: A knife-wielding serial killer has been attacking men in Flint since May, killing five people and wounding eight in what could be racially motivated assaults.[2]
VICTEM COUNT 13
All but one of the 13 victims was black, said Lieutenant T.P. Johnson, and survivors have described their assailant as a young, white man.[2]
At least 13 men — all but one African-Americans — have been stabbed repeatedly by a young, muscular white man since mid-May, and five of them have died from their wounds, according to police in the financially strapped auto manufacturing city. Ten of the attacks have occurred in Flint, with the other three taking place in nearby townships. [5]
FLINT PREDOMINATELY A BLACK CITY
But Flint is a predominantly black city, and investigators were unsure if the suspect was targeting black people or whether the victims were chosen at random.[2]
CITY OFFICALS DO NOT LABEL ATTACKS RACIST
City officials have not labeled the attacks as racial in nature, though they say that there does appear to be a pattern in the selection of victims, the Detroit Free Press reported Friday. In addition to being black, most of the victims have been old, disabled, small of stature or otherwise vulnerable, it said.[5]
MICHIGAN STATE POLICE
Michigan State Police announced today that the suspect appears to be targeting men walking alone in the late night to early morning hours. All of the victims have been black, except for one. Police advised that the suspect could be anywhere and may have left the state.[1]
State police are heading a task force assembled to try and capture the killer.[5]
That assistance is a godsend, as Flint’s “Thin Blue Line” is looking a little threadbare as a result of recent budget cuts and a high crime rate.[5]
DESCRIPTION OF ATTACKER AND HOW HE DOES IT
The attacker, described by surviving victims as muscular and around 5-foot-11 to 6-foot-2, in many cases first lured his victims to his car by appearing to have car trouble or needing directions.[3]
He then began stabbing the victims, all of whom are described as smaller men. In two cases they were people with special needs.[3]
"He is trying to hurt people who are helping him," said Flint Police Lt. Tim Johnson.[3]
Flint police said the victims were all outside alone at night. Survivors have said the attacker approached them under the pretense of needing directions or help with a broken-down vehicle.[5]
"He then pulls a knife and attacks them without saying anything more," Flint police Lt. T.P Johnson told The Associated Press on Friday.
[5]
There have also been instances when the killer walked up to his victim and began stabbing without warning. Other than descriptions by surviving victims, Johnson said, police currently have no leads.[3]
The suspect is described as a large white male, between 5 feet 11 inches to 6 feet 2 inches tall, weighing between 180 to 210 pounds. The suspect is muscular in build with light colored hair and a goatee.[1]
Survivors have said the attacker approached them under the pretence of needing directions or help with a broken-down vehicle.[2]
PHYSICAL DESCRIPTION
Note the bar bell ear piercing in his left ear.[trb]
DECEASED VICTIM ARNOLD MILLER
The latest victim, Arnold Minor, 49, was stabbed to death Monday morning in Flint, Michigan.[1]
VICTIMS,
MAY 24 DAVID MOLTEY,DECEASED
JUNE 21 EMMANUEL DENT DECEASED
JULY 26 DARWIN MARSHALL DECEASED
JULY 30 FRANK KELLYBREW DECEASED
AUGUST 2 ARNOLD MILLER DECEASED PATTEREN ACKNOWLEDGED
3 VICTEMS ARE HOSPITALIZED
The five victims who did not survive are David Motley on May 24; Emmanuel Dent on June 21; Darwin Marshall on July 26; Frank Kellybrew on July 30; and, in the most recent attack, Arnold Miner on August 2.[3]
The crimes have occurred in all parts of Flint, not just African-American neighborhoods.
Three victims are still hospitalized.[3]
ATTACK NOT PART OF PATTERN
The Michigan State Police Flint Post said law officers met Saturday to take a close look at the latest attack, but a Flint police sergeant who declined to identify himself said there is a suspect in the case and no apparent link to previous attacks.[6]
The Flint Journal reported that a man in his 40s was in critical condition after apparently being stabbed around 2:30 a.m. Saturday at Sunset Drive and Ballenger Highway in Flint. He was listed in critical condition at a hospital in Ann Arbor, the newspaper reported.[6]
Read more: Stabbing in Flint not one of serial attacks | freep.com | Detroit Free Press http://www.freep.com/article/20100808/NEWS06/8080451/1001/News/Stabbing-in-Flint-not-one-of-serial-attacks#ixzz0w0uv1m3s
FLINT -10 OTHER COMMUNITIES -3
Michigan State Police are leading a task force investigating the attacks. Ten have been in Flint, about 50 miles northwest of Detroit. Three others were in nearby communities. [4]
FRANK KELLYBREW
On July 30, the body of 60-year-old Frank Kellybrew was found not far from the Flint Township motel he had called home for about 10 months.[4]
The manager of Hometown Inn said Kellybrew had walked to the other side of Interstate 75 to buy some things from a gas station. The next morning his body was found by sanitation workers corralling trash barrels near a restaurant.[4]
Kellybrew didn't stand out any more than the other tenants at the motel, which rents quite a few rooms on a month-to-month basis, manager John Henson said Friday.[4]
He liked watching television in the motel lobby or having a cup or two of coffee.[4]
"He was a nice guy; kept to himself," Henson said. "If he didn't know you, he would just avoid you and have nothing to do with you."[4]
In his short time at the inn, Kellybrew enjoyed walking over at night, after business hours, to the restaurant near the freeway.[4]
"He would sit on the bench at night," Henson said. "He'd just go over there, and sit and relax. It's pretty quiet over here at night when everything closes."[4]
KNIFE
''A knife is a very personal weapon,'' Lt Johnson said. ''To stab somebody repeatedly there has to be some rage.''[2]
FLINT
Flint is the birthplace of General Motors and was once a powerful auto manufacturing town, but its economy and population have steadily declined over the past few decades and have led to cuts in police and fire protection.[4]
MAYOR DAYNE WALLING
Mayor Dayne Walling on Friday urged residents to watch out for each other and to remain vigilant.[4]
"You have somebody in your life who is vulnerable, look out for them," he said.[4]
VICTEM MINOR
Bob Katrinic, a 59-year-old white man from Burton who runs a leather goods business, spoke to a reporter Friday afternoon only a few feet from where Minor was killed. Katrinic said he's taking precautions.[4]
FLINT POLICE
The city — ranked no. 5 on a list of U.S. cities with the highest crime rates released last week — indefinitely laid off 40 police officers in March, a move precipitated by lower than anticipated tax revenues. [5]
And Mayor Dayne Walling told msnbc.com on Friday that the budget for fiscal 2011, which began July 1, projects another cut of 10 officers from the department, which now has 135 officers — though he hopes to save most of those positions with federal grants and a deal with a local private college to expand patrols around the campus. The department also was hit by a budget cut of $445,488 last year — forcing it to leave five jobs vacant.[5]
MULTIPLE POLICE JURISDICTIONS
Numerous Police agencies are working together in the efforts of capturing the suspect.[1]
"We are trying to get a handle on this guy. We want, No. 1, for our citizens to be safe," Johnson said.[8]
CALL STATE POLICE
If you have any information, please call the Michigan State Police at (517) 332-2521 ..[1]
SOURCES
[1]
http://www.examiner.com/x-62225-Little-Rock-Crime-Examiner~y2010m8d7-Nationwide-hunt-for-serial-killer
[2]
http://www.smh.com.au/world/killer-targets-men-20100807-11pbh.html
[3]
http://www.cnn.com/2010/CRIME/08/06/michigan.stabbing.deaths/?hpt=T1
[4]
http://www.google.com/hostednews/ap/article/ALeqM5hay2h1rhkXe_p6SVF88wZU63TGDwD9HE8HP00
[5]
http://www.msnbc.msn.com/id/38597704/ns/us_news-crime_and_courts/
[6]
http://www.freep.com/article/20100808/NEWS06/8080451/1001/News/Stabbing-in-Flint-not-one-of-serial-attacks
[7]
http://abclocal.go.com/wjrt/story?section=news/local&id=7598283
[8]
http://www.cnn.com/2010/CRIME/08/06/michigan.stabbing.deaths/index.html?hpt=T1
[9]
http://www.freep.com/article/20100809/NEWS06/100809020/1322/Car-info-released-for-suspected-serial-slasher
[10]
http://goodmorningflint.blogspot.com/
[11]
http://www.mlive.com/news/flint/index.ssf/2010/07/frank_kellybrew_60_identified.html
[12]
http://www.google.com/hostednews/ap/article/ALeqM5irfe65muYT9Aks_AYCEx8xr7xwVAD9HG8HHG1
[13]
http://www.cnn.com/2010/CRIME/08/10/michigan.multiple.stabbings/
[14]
http://www.freep.com/article/20100810/NEWS06/100810021/Cops-Flint-slasher-tally-grows-by-1
[15]
http://online.wsj.com/article/SB10001424052748703435104575421900892799196.html
[16]
http://voices.washingtonpost.com/crime-scene/loudoun/police-search-for-suv-driven-b.html
[17]
http://www.mlive.com/news/flint/index.ssf/2010/08/victim_of_stabbing_near_mclare.html
[18]
http://www.wnem.com/news/24603981/detail.html
[19]
http://www.myfoxdetroit.com/dpp/news/local/police-arrest-suspect-in-serial-stabbings-case-in-atlanta-20100812-mr
[20]
[21]
http://www.myfoxdetroit.com/dpp/news/local/police-arrest-suspect-in-serial-stabbings-case-in-atlanta-20100812-mr
[22]
http://www.ajc.com/news/atlanta/suspect-in-serial-killing-590315.html
[23]
http://www.ajc.com/news/atlanta/suspect-in-serial-killing-590315.html
[24]
http://www.examiner.com/x-3284-Detroit-Top-News-Examiner~y2010m8d12-Breaking-Suspected-serial-killer-arrested-in-Atlanta?#comments
[trb]
This article is a morphed archive of media coverage on this event. The link directly to this page follows.
http://goodmorningflint.blogspot.com/2010/08/evil.html Sphere: Related Content
Friday, August 6, 2010
Mentioned; MEL GIBSON, OKSANA, IONIA DIVORCE CHILD CUSTODY , FLINT DIVORCE LAWYER TERRY BANKERT 235-1970
Child Custody disputes affects our families and the rich and the famous like Mel Gibson and Oksana Grigorieva .
We have heard that Oksana Grigorieva will be Under-oath tomorrow in the Child Custody Case against Mel Gibson.[1] Once a Divorce Court established custody that parens , like in the Ionia case below, can petition the court later for a change in custody.
WHAT CAN YOU DO IF YOUR EX’S NEW LOVER SEXUALLY ABUSES YOUR KIDS AND YOUR TAKEN TO COURT? IONIA FAMILY COURT RULES ...JUST SAY IT WON’T HAPPEN AGAIN.
Here, however, the potentially abusive environment has been altered by plaintiff’s agreement to assure that her former fiancé will not be around the children “in perpetuity.”
Ionia Child Custody Court decision commented on by Flint Divorce Attorney Terry Bankert 810-235-1970. The Ionia County Michigan Child Custody Court Issues discussed are :
I.Child custody;
A.Whether the trial court properly declined to hold a child custody hearing on the defendant-father's motion for a change of custody;
B.Whether there was a "proper cause or a change of circumstances" to change custody;
C:The "great weight of the evidence standard of review"; Corporan v. Henton; MCL 722.27(1)(c); Vodvarka v. Grasmeyer; Applicability of In re Rinesmith and In re Brown; Children's Protective Services (CPS)
Court: Michigan Court of Appeals (Unpublished July 27 2010)
Case Name: Filsinger v. Filsinger
No. 295643
Ionia Circuit Court
LC No. 2007-025702-DM
e-Journal Number: 46468
Judge(s): Per Curiam - Hoekstra and Beckering; Concurring in result only - Jansen
NO CHANGE IN CIRCUMSTANCE , NO CHANGE IN CHILD CUSTODY
The Michigan Court of Appeals decided the Ionia Child Custody court's decision to not reopen the custody issue was proper based on the facts of the case where the evidence supported a finding that there was no continuing condition that could have a significant effect on the children. Thus, the trial court did not err in declining to hold a child custody hearing.
The couple had children two boys. Instead of a trial with a judge decison they agreed to the terms in a judgement of divorce.
MOM GOT PHYSICAL CUSTODY OF THE CHILDREN
They were granted joint legal custody of the boys, and the plaintiff-mother was awarded sole physical custody.
WANT TO CHANGE CUSTODY IN YOUR CASE, HERE IS THE FIRST STEP
In a child custody dispute, the trial court may change a previous child custody order “for proper cause shown or because of change of circumstances.” MCL 722.27(1)(c).
The court may not change the custody order—or even hold a child custody hearing—unless the moving party establishes proper cause or change in circumstances. Vodvarka v Grasmeyer, 259 Mich App 499, 508; 675 NW2d 847 (2003). In deciding whether to hold an evidentiary hearing, the court
must first determine “whether there are contested factual issues that must be resolved in order for the court to make an informed decision on the motion.” MCR 3.210(C)(8); see also Vodvarka, 259 Mich App at 512. Here, there was a contested factual issue, i.e., whether the evidence
demonstrated that the fiancé had abused the children. The trial court determined that the resolution of that issue was not necessary to decide the motion, because the fiancé was out of the children’s lives.
DAD SAYS THINGS HAVE CHANGED , THE NEW BOY FRIEND SEXUALLY ABUSING CHILDREN THE BOYS SHOULD BE WITH HIM
Later, defendant filed a motion for change in custody alleging certain behavior and statements of the boys indicated plaintiff's fiancé had sexually abused them.
SOMETHING AS IMPORTANT AS SEXUAL ABUSE OF CHILDREN GOES TO A REFEREE NOT A JUDGE!
At the referee hearing, defendant testified the older boy told him the fiancé slept in the younger child's bed, and the younger child told him the fiancé had put his finger in the boys' "bottom."
CPS ARRIVES ON THE SCENE
Defendant contacted CPS, who opened an investigation. CPS told defendant to keep the boys pending the investigation and interviewed them. The boys did not disclose any abuse. CPS closed its investigation and told defendant to return the boys to the mother's custody. He was not satisfied with this result and asked CPS what else he could do. CPS recommended a doctor he should contact.
DOCTOR DRAGGED INTO THE CASE
The doctor interviewed the boys and recommended that they be seen by H, a Ph.D.
DAD PLAYS THE PERSONAL PROTECTION ORDER CARD
At the time of the hearing, a PPO was in place prohibiting contact between the fiancé and the boys.
DOC THINKS THERE WAS SEXUAL ABUSE
H testified she believed the fiancé had sexually abused the boys but admitted she did not know what had happened. Plaintiff testified there was no "evidence indicating that something happened," and she opined there were other explanations for why the boys "made statements to that effect."
MOMMY AGEES TO COUNSELING
The mother agreed to counseling for the boys if it was recommended.
REFEREE SAYS THERES ENOUGH HERE, SEXUAL ABUSE AS BASIS TO CHANGE CUSTODY
The hearing referee found proper cause and a change of circumstances to justify revisiting the custody order.
CASE PROCEDURALLY FORCED BACK TO MAKE THE JUDGE DECIDE
NOW THAT MOM IS LOSING SHE ANNOUNCES A BREAKUP WITH THE BOY FRIEND
In the IONIA CHILD CUSTODY court, the mother changed her position and said she would no longer reintroduce contact with the fiancé, she had called off the engagement, and the fiancé would never have contact again with the boys.
COURT SAYS EVEN IF BOY FRIEND SEXUALLY ABUSED THE BOYS UNDER MOTHERS WATCH...HE’S GONE NOW, MOM SAID SO.
The IONIA CHILD CUSTODY court held that even if the fiancé had abused the boys, there was no proper cause or change of circumstances for holding an evidentiary hearing in light of the fact the fiancé was out of the boys' life.
Previously mom had said that she felt that when the PPO expired, she would seek to gradually reintroduce the children’s
time with her fiancé, but that she “would be there at all times.”
She then said “The hearing referee found that proper cause and a change in circumstances existed to justify revisiting the custody order.
Before the trial court, plaintiff changed her position with respect to contact between the fiancé and the boys.
She said that she was no longer planning to reintroduce contact, and had called off the engagement. She agreed that her fiancé would have no contact with the boys “in perpetuity.” The trial court made no finding with respect to whether there had been abuse, but found that, even assuming the fiancé had abused the boys, there was no
proper cause or change in circumstances for holding a custody hearing, in light of the fact that the fiancé was out of the boys’ life.
DAD DISAGREES WITH THIS ONE
Defendant disagreed and argued the mother failed to protect the boys and the trial court erred in finding the problem was fixed.
THE LESSON HERE. WHEN YOU GET IN TROUBLE IN FAMILY COURT JUST SAY I’LL NEVER DO IT AGAIN .
The court found the potentially abusive environment was altered by the mother's agreement to assure her former fiancé would not be around the boys "in perpetuity," the circumstances had evolved, and the extent of effect necessary to breach the statutory barrier against revisiting custody orders was not established.
THE MICHIGAN COURT OF APPEALS AGREED WITH THE IONIA CHILD CUSTODY COURT?
Affirmed.
DAD FAILED IN HIS ATTEMPT TO PROTECT HIS CHILDREN FROM THEIR MOTHERS BAD CHOICES
Presented here by
Terry R. Bankert
http;//attorneybankert.com
--
[1]
http://www.buzztab.com/celebrity/oksana-under-oath-child-custody-case/
[TRB]
This case has been altered for the purpose of lay understanding,media presentation and SEO. Don not rely on it without consulting the origional document and consulting counsel. The Cap headlines are the opinion of Terry Bankert
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