How Police Access Data to Obtain Criminal Information: Uncle Bob's Story

Seal of the National Crime Information Center (NCIC), USA. — “Servicing Our Citizens” (Photo credit: Wikipedia)

by Tabetha Cooper

In the Criminal Justice system there are different types of data.  Law enforcement can obtain just about any type of information desired about any through their databases.  Uncle Bob was arrested for this very reason.  Through Uncle Bob's story a person can see the process and learn the databases officer's have at their fingertips as well as the communication techniques law enforcement agenciesuse.

            Uncle Bob and I reside in California and decided to take a vacation to Ft. Lauderdale, Florida.  As later verified on mapquest.com, we were ten miles from Tampa on Interstate 75 when Uncle Bob was pulled over for speeding, he was traveling 80 miles per hour in a 70 mile per hour zone.  Uncle Bob seemed to be a bit nervous about the cop pulling him over.  I guess that he knew at the moment the officer was using his two way radio to call in the license plate number.  He knew that I was on probation for driving with no insurance and Uncle Bob hates delays.  "Uncle Bob, please settle down.  It is alright I have insurance now.  Plus you are driving, there is no reason to worry." I tell him.

            "I am sorry, I will be fine," he replied as he pulled to the shoulder of the interstate.  The officer, I believe his badge read Officer Blake, asked Uncle Bob for his license and registration.  He calmly took out his wallet as I grab my registration and proof of insurance from the glove box.

            As Officer Blake walked back to his vehicle, I told Uncle Bob not to worry because my probation would not come up simply by a license plate check.  He said that he was aware of that.  While Officer Blake was in his care you scanned the bar code on Uncle Bob's driver’s license which verified that they were valid with no restriction.  He then entered the information from Uncle Bob's license (name, birth date, and social security number) into the National Crime Information Center (NCIC) database.  This is done by accessing the Internet from the mobile office set up in his cruiser.  The mobile office consists of a computer, a two way radio, and a scanner. (Foster, 2005).

            The next thing I knew Officer Blake requested Uncle Bob to step out of the car with his hands in the air.  I ducked slightly to look out of the driver's window, I was going to ask what was going on until I saw that Officer Blake had his gun drawn.  He told me to set in the passenger seat with my hands on the dash.  I was really beginning to wonder what was going on.  Uncle Bob said, "Do what the officer says.  Officer, she has nothing to do with this I promise you that."  That was the last thing I heard from Uncle Bob.  Officer Blake had as my Uncle to place his hands on the trunk of the car.  Although I could not see what was going on I was sure the officer was searching Uncle Bob for weapons. 

            As the officer read Uncle Bob his Miranda Warnings I sat in the car wondering what in the world this was all about.  Uncle Bob did not seem to surprise of the event.  I knew he has been in trouble in the state of California more than one time in the past.  Remembering the big party Uncle Bob had thrown the month before, celebrating his "true freedom" as he put it, I was aware he was no longer on probation.  What could all this be about?  As I finished that though the officer came to my side of the car and started to ask me questions about how I knew Uncle Bob.  Giving the shortest answers possible, I completely complied with Officer Blake.

            Officer Blake explained to me that upon requesting information about Uncle Bob from the NCIC database he learned that Uncle Bob had a warrant out for murder.  "Sir, you have to be mistaken!  He could never do anything like that,” were all the words that I could manage to say.  Deciding the best thing to do was follow them to the police station, I got in my car still dumbfounded by what I had heard.

            Once at the station, the officer found out that both the agency that possessed the warrant on my uncle and their own agency used software purchased from a first tier manufacturer.  He was able to access the portion of Sacramento's record management system (RMS) and evidence management system (EMS) that gave information that pertains to Uncle Bob. (Foster, 2005).  Looking over Officer's Blake shoulder I was able to see that Sacramento's police department had physical evidence, more specifically DNA evidence, that Uncle Bob had raped and murder a little girl that lived on his block.  I could not believe what I had seen.  I called Aunt Pauline and informed her of what was going on.  Meanwhile, Officer Blake booked Uncle Bob and set up extradition back to California.

            As a note to all those interested, Uncle Bob got the death penalty after convicted for the rape and murder of a seven year old girl in Sacramento, California.  California adopted the 1994 Three Strike Law, which states that any offender that has committed their third felony would be sentenced to twenty-five years to life, regardless of the actual offense. (Egelko, 2010)  Since this was Uncle Bob's third offense we knew he would at least get that.  California also adopted the death penalty in 1872 and after ruling it unconstitutional in 1972 went on to reinstate it in 1977.   Needless to say, it was no suprise to the family that Uncle Bob received the death penalty.  We were just happy that Uncle Bob was able to choose lethal injection! (State of California, 2009).

References

Egelko, Bob. (2010) High Court: Calif. can apply '3 strikes' law to juveniles. Retrieved April 20, 2010, from http://www.correctionsone.com/juvenile-offenders/articles/2050079-High

            -Court-Calif-can-apply-3-strikes-law-to-juveniles/

Foster, R.E. (2000). Police Technology. Upper Saddle River: Pearson Prentice Hall

MapQuest. (2010) Driving Directions from Sacramento, California to Fort Lauderdale, Florida.                Retrieved April 19, 2010, from http://www.mapquest.com/maps?1c=Sacramento&1s

            =CA&1y=US&1l=38.581699&1g=-121.493301&1v=CITY&2c=Fort+Lauderdale

            &2s=FL&2y=US&2l=26.121901&2g=-80.1436&2v=CITY

State Of California. (2009) History of Capital Punishment in California. Retrieved April 17,                                 2010, from http://www.cdcr.ca.gov/Reports_Research/historyCapital.html

  

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Forensics in Law Enforcement Investigative Issues “The Social Media Rapists Law Enforcements Newest Predator”

 by Lawrence W. Daly

With new technology the entertainment which used to take the average single person to events at the local bar is a thing of the past. Today, single people are turning to the Internet for relationships.

These new relationship which are formed from the Internet’s many dating websites are created when individuals register their profile on these websites looking for a partner. The profile may then lead that person to become interested in one another. The dates and times of the contacts are at the h

A Special Agent of the Federal Bureau of Investigation taking the one hundred millionth fingerprint, represented by... - NARA - 518186 (Photo credit: Wikipedia)

elm of each person where they can decide when they want to have contact with their Internet friend.

The majority of individuals who are on the Internet are good people and do not try to create environments where they will and can take advantage of others. However, just like meeting an individual at the bar, until you learn more about who this person really is there must be a process in place which protects you.

In a recent article in ABC News the title read, “Christian Mingle Date Rape Victims Sought by Calif. Cops” by reporter Russell Goldman should tell those seeking Internet relationships to be careful. The story is about a man who may have utilized ChristianMingle.com as he traveled across the country. He is identified as Sean Patrick Banks, 37, a former Navy sailor, used a fake name to contact a woman who he allegedly raped in November, cops in La Mesa, California said.

So who is this Sean Patrick Banks and is his method of operandi similar to other rapists who utilize the Internet and social media networks to prey and stalk upon women only to physically and sexually assault them?

The characteristics and personalities of these rapists are similar in many ways. They are:

1.      Generally ranging from 18-60 years of age.

2.      Average intelligence.

3.      Computer savvy.

4.      Are known to be aggressive in prior relationships with women.

5.      Have a preference for a specific age of his victim.

6.      Generally middle range income.

7.      May be married or recently divorced.

8.      Changes his name to keep anonymity and allows him to move to the next victim.

9.      He is manipulative, deceitful, lacking in honesty and integrity and plays whatever role necessary to accomplish his sexual fantasies and mission.

10.  He will dissect his victim and plan accordingly to accomplish his goal.

11.  Sexual gratification is the key to his mission and will do anything to find sexual release.

12.  He is a chameleon and is like a shift changer and will do anything to hide his real identity.

Former Special Agent Kenneth Lanning identified different type of rapists who prey upon children. In a journal “Child Molesters: A Behavioral Analysis” Lanning stated the following:

“There is a modern invention that is of invaluable assistance to the pedophile: the computer. It could be a larger computer system at his place of business or a small personal computer at his home. It is simply a matter of modern technology catching up with long-known traits. The computer helps fill their need for organization, validation, souvenir records, and to find victims.”

He wrote this statement in December of 1992 when he was an Agent for the Federal Bureau of Investigation. Unfortunately, he had no idea how the new era of digital and technology predators would behave. His foundation was admirable, laid a foundation for law enforcement to pursue the Sean Patrick Banks of this world.

FBI Badge & gun. (Photo credit: Wikipedia)

However, Banks is not a pedophile he is a rapist. According to the experts who specifically treat rapists, there are at least five types of personalities that are present in this world. They are:

1.      Power Assertive Rapist – presents the victim with a weapon or alleged weapon to get her cooperation so he can rape her.

2.      Anger Retaliation Rapist – He hates women and brutalizes them during the rape. Roughly 30% of rapists fall into this category.

3.      The Power-Reassurance Rapist or Opportunity Rapist – Is one who take advantage of an opportunity to commit a rape e.g. during a burglary, robbery, or kidnapping commits a rape.

4.      The Anger Excitement Rapist or Sadistic Rapist – He wants his victim to be hurt, unfortunately sometimes killing his victims. Roughly 5% of the rapists fall into this category.

5.      Date Rapist – This is the number one type of rapist.

The experts who treat rapists have yet to create a category for the Social Media Network Rapist, but whatever these experts call him; he can now be added to the above list. Therefore, law enforcement again find themselves hurrying to find methods and techniques to adequately perform rape investigations stemming from relationships developed through the Internet.

One of the keys for law enforcement is to try and adapt the investigative methods and techniques they have utilized in adult rape victims and from what they learned from online predators who molest and rape children in tracking down these Social Media Network Rapist.

Frequently the online predator establishes a relationship with his underage victim, creating strength and love with him/her. Eventually the goal of the online predator sets up a time and place to meet with the victim. There is rarely any direct force used to entice the underage victim to have sex.

The victim is so emotionally attached they make the situation worse than it already is when they fail to advise anyone of their online relationship with the predator. Everything is done in secret and the child falls into a trap.

The adult victim generally receives the same treatment luring her into a trap. Like the child victim the Social Media Network Rapists manipulates the adult victim into believing that he is a single man with the same interests as her. He is charming and willing to share his feelings and nude photographs with the victim. Most of the pictures are from a database of nude pictures which are actually not of him. Again, the relationship becomes emotionally bound between her and the rapist. The trap is set and the meeting takes place.

The meeting generally takes place in a public atmosphere where the victim feels comfortable and safe knowing that if everything he has told her is true there will be a happy ending to the meeting.

Unfortunately, the rapist cares little about the victim except to live out his sexual fantasy and to move onto his next victim. He will try in any way he can to get her to meet at her residence. His anonymity is the key to his success in not being identified to the authorities.

This new criminal behavior is something law enforcement is not educated or trained in dealing with and more importantly pursuing and investigating who this person is. Computer hardware and software and false identity is the key to his ability to hide from law enforcement. He thinks in this matter that he can’t be identified, apprehended, prosecuted, and incarcerated.

It will take a “New Era of Law Enforcement Investigators” who have the ability to deduce from the little evidence the rapist leaves behind on his trail to accomplish his goal i.e. to capture him. Law enforcement has had the reputation of always being a decade behind in investigation methods and techniques. Victims of these types of crimes can’t wait a decade to capture these men, they need law enforcement to identify and apprehend them now.

In the Sean Patrick Banks matter he was a sloppy and an unintelligent rapist who left a ‘visible’ trail of evidence leading to his arrest. However, the “Social Media Network Rapist” will refine their modus operandi and become ‘invisible’. In the meantime law enforcement must take the time to becom

English: Standing on Pennsylvania Avenue NW and look up F Street NW at the J. Edgar Hoover Building, the headquarters of the Federal Bureau of Investigation in Washington, D.C., in the United States. Español: Edificio J. Edgar Hoover, la sede de FBI (Photo credit: Wikipedia)

e educated and trained in order to become sophisticated enough to educate the community about these types of predators, arrest and learn from those predators who fail to be ‘invisible’.

Further, men and women need to be aware of this new rapists. They need to use checks and balances to insure their safety. Although it may be embarrassing to them, they need to tell family, friends, coworkers, and others who this individual says he is. Failure to disclose this information may cost them their lives. It is important that the Internet dating websites post information and rules their members should follow. Sometimes people just don’t understand that there are people out there who will harm them.

           

Lawrence W. Daly

www.onedaly.com

206-650-0229

onedaly@onedaly.com

Kent, WA

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Statutes and The Laws that apply, who will help?

Article by: Scott Hall(docplocky@gmail.com)

       

English: I created this image by using the following images: :Image:Map of Kentucky highlighting Floyd County.svg - Public Domain :Image:Kentucky farm.jpg - Creative Commons Attribution ShareAlike 2.0 :Image:LouisvilleNightSkyline2-small.jpg - Creative Commons Attribution ShareAlike 2.0 :Image:144702892 da6c29607d b.jpg - Creative Commons Attribution ShareAlike 2.0 Because of the use of images under the cc-by-sa-2.0 license, this image must be licensed under the same license. (Photo credit: Wikipedia)

     It should come as no surprise that your team here at C&J is involved in lots of facets in the Criminology and Social Sciencefields, and with this additional article, our readers will soon find out how important Statutes are in relation to Litigation and the principal(s) of applied law.  In recent months, our readers will probably have taken note on our stance on “Anonymous”, child sexual abusers, the Penn State Scandals and hosts of other items, while each of these are important subjects to study and grow from, it is important that we know about the why and not just the what that may be going on.  To keep things a bit off center stage, this article will not talk much about things like Penn State, Anonymous or even the Steubenville rape case, it will however, attempt to give our readers a firsthand look inside, what some to perceive, a scary place (especially criminals being charged or convicted), otherwise known as a Court of Law.  We here in past articles, have touched on Tort Law, Federal and State Laws and in this article, the critical thought process will surely be influenced by our own “local” ordinances, specifically an overview of KRS 336 and 337 and touching upon KRS 207 and 344.  Many law students in our readers will recognize those call letters and numbers, for those of you who do not, a simple Google search for Kentucky Revised Statutes will help and this author is being tested into his own depths of understanding so, truth glasses in hand, let us uncover a briefing about statutes, right here in our own back yard.

HISTORY

            Back around April of 2012, a new kind of person, a different idea and a chance to make some money happened across this team’s door, a blessing of fortune at a time when money, homestead, life and freedoms were all at stake and with the outreached hand and potential to avoid economic disaster solidly, one of our own reached out and accepted the task of organizing, monitoring and managing someone else’s life, electronically speaking of course – for you see the two parties that had met, were and are literally thousands of miles from each other, specifically 2,000 plus.  What would unfold over the next 10 months, not a single person, let alone a married one, could comprehend the damage, focus, energy or hardships that would eventually come to the outreached hand.  During the course of  contracted employment, the “contractor” (that being the person who initiated the document”, failed to pay prevailing Minimum wage to the contracted employee on at least 3 different calendar months, even at a fixed and included amount in the original contract that is and was binding for a full calendar year.  Included in the “agreement” is a clause where even upon early termination, monies owed would have to be paid, period and no parameters set as to time invested or used to complete the contracted tasks, other than to be available when needed, a “virtual” Executive Assistant to a “virtual” company.  The term virtual here is used loosely as the company does not have a physical building to work out of, only all the things that the internet can provide to make, distribute, advertise, produce or otherwise even know the products were around to see and “order” or sign up for distributorship, sounds legit, right?  The contract itself, drawn up in California, states clearly the terms, conditions and with signatures, became a binding document, so with all these facts present, what happened and is happening next will surprise each of our readers; I am confident in this as it surprised and aggravated my own person.

English: Social Science Plaza A (Photo credit: Wikipedia)

            The next 10 months would include: Arguing, Threats of Separation, Labor Board Disputes, Home searching, Health issues, personal items lost and a host of other items to enormous to measure, these being only the highlights of this particular case.  In that 10 month stretch, even with the simplest or the most complex of asking, the wages owed were just not being produced, the person who was being infracted upon, did not pursue securing it for a delayed amount of time, due in part to the verbal influence of the contractor, who stated, “If you come after me for the money, I will never pay you and will fire you.” (How many attorneys are upset right now? (See me at the end of this article) Alongside this statement, we have coming from the contractor, “it is what it is”, “tomorrow you will be paid” “the money is coming, just hold on”, this in itself is a total LIE as the individual, as described above, never once paid a dime in 2 consecutive months, while travelling and partying abroad and spending up time using other people’s money, those who “invested” in his “company” were left in the cold and broke, him with the receipts and no one being paid anything, here is where things take a turn that not only had and has this author directly involved in the litigation, I am “Pro Se” before a court to try and sort out this whole, hot mess, a daunting and difficult task for anyone.  Before the questions come out, the ONLY reason Pro Se litigation was opened, Both Labor Boards of California and Kentucky “suggested” it, this avenue was pursued in September, October and November of this same year, 2012, 3 months of total investigation and questions as to why and what could be done.  California stated, “the injured party resides in Kentucky, it is their problem to deal with, we cannot help you”, while KYstated, “the parameters of the contract are centered in California, check with them”, both groups refusing the labor claim, both groups not paying attention to statute AND the contract? Is this possible that even with a certified copy of the contract it, including the parameters, 2 labor boards would not do a thing?  Our readers know that when a travesty of justice falls upon our stoop, no way we can turn a blind eye to these things and since this was and is a part of our now life, my own truth glasses nearly fogged over permanently and I began to lose hair, while the contracted employee also suffered ill health effects, this was turning out to be a strain that would have to be equaled and no better ways to equal the field of justice than courts.

English: Photo of Rajendra Kumar Acharya, the only jurist of law of tort in Nepal. (Photo credit: Wikipedia)

OVERVIEW

            I and this injured person became infuriated at: terminating an employee after that employee, whether or not is contracted, sought out litigation due to the incredible losses, (KRS 207 and 344), failing to pay prevailing wages (KRS 336,337) and a direct defiance of a natural set of laws within our own land, the Fair Labor Standards Act, but which “venue” to take to seek out justice would be only the beginning of this long, twisted heartbreaking story.  In this total stretch of time, monies that had been saved up for emergency items began to dwindle, utilities ousted, personal items such as wedding bands, bracelets, phones, electronics and almost a vehicle, loans and all kinds of stop gaps to control whether or not we still get to live right where we are supposed to be unfolding almost daily, not being pushed into another county left scrambling for a storage facility while we “shack up” with our family (no offense family, we know how important your own private lives are).  As a Research and Investigative Journalist who mostly volunteers his time to this platform, I had to know, I had to do something positive to help correct this grave error in judgment while seeking out the truth of our own labor laws and while trying to seek out help from anyone in regards to helping the affected or injured person, I (will reveal that as well later on).  With a vigor on both fronts, the first being find a paycheck to supplement and the wage issue, or rather lack thereof, I stood up and began to work through the tedious task of searching for truth, what I got was instant silence and a resistive environment, a overview of what “friends” really were caring enough to help and those who wanted to finish off the destruction to get their own way, this situation was full of items that brought about the Pro Se litigation and almost cost me more than the investment of interest to saving our home.

            In September of 2012, the breaking point of absent answers from both the contractor, employee and the combined ignorance of the Labor Boards, had been reached, so in Early October, I on behalf of the injured, began to seek out the truth of the whole matter, I was referred often to “you will need litigation”, with that in my face, limited resources and a heart as pure as gold, I decided this “no” isn’t worth the effort, bureaucracy and red tape wasn’t going to get them paid or even put the correct pressure on the person responsible.  As I began to dig deeper into the lives of those affected and / or injured, the discoveries and items brought about more static, more disruptions, more than I had ever imagined, the stress and absent tomorrow, while risking my own home and health began to take a toll, the hairs on my head literally falling out 25 square centimeters across the top of my head, I am still in my 40’s, looking like 50 or so on top.  I knew things were not good for our current task, now with the addition of health issues and by the way, the gainful employment found, time was running out, stress would be increasing and the end result, a virtual “draw” in justice. 

Adapted from Wikipedia's KY county maps by Seth Ilys. (Photo credit: Wikipedia)

            First up, who is really responsible, that didn’t take too long to figure out, once the avenues of court were opened, a few subpoena’s later, along with the original complaint and our parties of interest began to see just how serious this situation was becoming, that is except the person responsible, he himself while under all this “distress” of money, would go on trips to Japan, Hawaii and Canada, while flaunting it across the social media palates that we all use and see every day.  4 Defendants in total would be initially uncovered, with more than what I could have known about each of them in brief, hiding.  Their part was not described via subpoena, rather, simple email communications and not because we pressed them for answers, they on the other hand, along with the injured person’s testimony in affidavit, stood the test of truth and all were found truthful, that is in the fact that the person responsible for this whole mess also affected their lives.  This hit home with me, particularly hard as I read through the ill effects of what the responsible person had caused, I felt sick to my stomach, my eyes watered up in tears and I felt terrible for bringing a hard blow to those who had no clue it was as bad as it was for “our” side.  Instantly, I formed a great relationship with the “other” 3 defendants and found out they are more than willing to help and we share common threads, each submitted an affidavit of testimony and we accepted the cause to come after “the one”. 

Social Science & Medicine (Photo credit: Wikipedia)

            On December the 7^th of 2012, I had reached boiling point and with a gathering of paperwork, emails, hurt, anger, frustration and limited money, I decided to take my part time paycheck and turn it into a full time cause of justice.  The next few weeks are a blur as countless hours of questions, interrogatories, lies, deceit; hidden agendas would all be addressed, directly by me, acting solely as Pro Se for my own side.  I sat down at my computer around the middle of November, near Thanksgiving and began to type up, via as many templates as I could find to put together, the opening complaint.  I used plenty of thereto, wherefore and all the perceived correct terminology, I followed and looked up every procedural rule and eventually filed the complaint. As anyone who has ever been in litigation knows, if you cannot read it clearly, it is “illegible” and may be stricken or not even used as the complaint, mine was no different.  Pressing to get to the clerk’s office, I hurried and made copies, including submitting a copy that the judge could not read, not a good start, but none the less a start.  Realizing that the grammar errors in title and presentation were painfully obvious, I set out to make corrections, including amending the first complaint to show proper venue, jurisdiction and to ratify the complaint as valid, along with referenced testimony and other items, missing the simplest of errors, the return address spot for the “attorney”, our defendant, the contractor,  took advantage of that and initially explained to the other defendants that this was a joke, not to be taken seriously, that is until the revised 2^nd complaint showed up, this left the contractor to terminate our injured person and under advice from an “attorney” to “just close out that company, they cannot secure anything from what does not exist” (still paying attention guys/gals?)  Through due diligent investigation and process of discovery, this was uncovered as well as other items; this left us no choice but to bring it to a hearing before the court, circuit courts to be exact in the hopes the court system could bring to light, answers to all of these questions. 

EDUCATION AND LIFE EXPERIENCE

            In the second amended complaint, removing the Federal and ratifying the need for state circuit court became a writer’s nightmare, justices expect you to correct and show corrections explaining it while you correct, my 2^nd complaint was getting lengthy and time was closing in fast, I had to be prepared and indeed became that way, only due to divine intervention.  A copy of the civil rules of procedure, a copy of a handbook and forwarded evidence all helped to focus in on what is at stake, who is a part of it, what needs to be done and what is to come, all of which came to my door, just a f

English: The Restatement of Torts at the law library of UC Berkeley School of Law. (Photo credit: Wikipedia)

ew days before our employee was terminated (told you, divine intervention).  As I read through the mounting emails and saw items, along with frustration and anger, came a sense of what is right as all of the evidence and testimony showed up as a serious WRONG, right in front of me, my mind opened up and I began to search harder, leading into our first KRS sets, 336 and 337, Wage, Hour and Occupational parameters.  In these pages, I would learn what the roles of the “governing” bodies were as well as what powers they had, why they had them, the definition (legal) of an employee and what isn’t and more importantly, why we should be arguing this in court.  In KRS 336, it states (in part):

            KRS 336.151 (Conciliation and Mediation of Labor disputes) was the first page that I encountered, wherein it states “….(1) it shall be the duty of the secretary, in order to prevent or minimize disruptions growing out of labor disputes, to assist parties to labor disputes to settle such disputes through conciliation and mediation.”  This is very clear, it establishes WHY the governing body would even bother to do anything for the working class person, the answer is to provide a path for relations in labor to be handled, without a court room being involved, so naturally when I first laid eyes on this part, I could not help but wonder if our persons within the cabinet took the same 5 mins to read it as I and you just did, the answer of course is “no”.  With what is known by our readers thus far, does this situation look disputed or even fairly mediated, certainly NOT, but what is an Pro Se to do other than read on to be extra sure I and others are correct that the Labor Board should  be the proper avenue, instead, based on what has been encountered, “its litigation”.  Point of interest: Any business doing so in the USA MUST have an arbitration path set up, in the event of dispute, yes we had one, but that path, “refused” our and the injured requests for help, even when state law says otherwise, interested so far, then read on.

            KRS 336.152 in this same genre, explains something crucial, “……in order to prevent these disruptions, growing from labor disputes…… (1)……exert and maintain every reasonable effort to make and maintain agreements concerning rates of pay, hours, working conditions, including provision for adequate notice of any proposed change in the terms of such agreements” This is an overview of what must be done to minimize those items, so with new information in hand, another phone call to the labor board along with emails that resulted in “sorry, contracted employee is affected by California, not Kentucky.” Point of interest, not according to our own statutes in the “injury” part of a dispute that is active and does apply to law in this state, the only difference is in California, the minimum’s of wages are 8 dollars an hour, here its 7.25. So, who maintains this “record” and who is responsible for justice, if not the state or the labor board, ah yes, “litigation” to settle a dispute.   

            Stunned by the obvious obscurity of law’s application, I had to dig deeper into the KRS jargons and rhetoric to fully understand what was being said, which simply is, you work in Kentucky, you are subject to the laws that govern those agencies, the labor laws that surround them and it is ILLEGAL to deny anyone those rights, even with disputes in place that require arbitration between the “employer” and “employee”.  I thought that this may be the very angle that I could use to change the minds of the “disputed” Labor Board ruling, what I got instead was a email defining what an employee is and another “no”, never minding the injured invested, 50-60 hours a week, keeping a current ledger and all the associated parameters while the injured, being admittedly “like family” to the contractor and fulfilling the duties as asked and included in the contract up to and beyond termination, they issued the following statement (KY Labor Board), “…we regret to inform you that based upon your own submissions, the contract in question and the complaint form, we are unable to assist you at this time.”  Stunning, not unexpected, but still stunning nonetheless as the law and governing rules that surround the very premise of this mess was simply set aside.  From there, more “Why” began to pop into my head, which caused another full  read of the contract signed, and learning that in its own guise, the same laws of fairness and arbitration, rested safely in the contract, so what is the problem?

            Calling up our friends in California, we learned that cross state employment has its own rules that are governed by “general” labor code used across the states, this of course lead into KRS 337, Occupational and Safety, the very essence of employee’s everywhere.  Our first encounter, KRS 337.427 where it states, “…..(Collection of unpaid wages)…..Any employer who violates the provisions of KRS 337.423 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of willful violation in employee suits under subsection (2) of this provision, up to and additional equal amount as liquidated damages.” Subsection 2, explains that action to recover any lost wages is a part of the courts and that they can also decide further issues in disputes over wages.  Interesting fact, considering the early hearing in this matter was stapled to a draw, not necessarily a loss or victory, but with the courts curiosity aroused, I have lots more to uncover and to submit as a filing, yes, you will as a litigator have to point out those small details sometimes, justices have a work load large enough that attention to details is not their job, that is yours a

Big Sur, California (Photo credit: the_tahoe_guy)

nd yours alone, unless you fill it with grammar errors, then be prepared to spend double the hours writing as you do undoing it.  With these items in tow, lots of knowledge about two states prevailing wages, I attempted, to start proceedings, two things held me back from opening day, errors and time.  The judge, being very fair accepted the early plea to continue until other items were addressed, including admissions statements being issued, that date, January 11, 2013 nearly 6 months after the initial onset of trouble, the game and head came to a draw in a Kentucky Court, pending some grammar and small steps.

CONCLUSIONS

            The items and article you just read are TRUE, they are here and are happening to a member of our staff, our founding member of this humble blog, the Pro Se (until changes and more corrections are made), myself.  The relationship between the parties, injured (my spouse) and “acting” attorney, me, the contractor, Tiger Monkey Incorporated with Joe Wallace the CEO (if that name sounds familiar, he is the person who brought to our attention initially, from our earlier investigation of rotten apples in the LAPD, his own troubles of civil rights and privacy), the venue, state circuit court, the case number 12-CI-05365 and the idea, justice to be served, no matter how high the cost or how far the reach of the legal systems in our land and one man’s unending energy to help bring this case to a hard close, in the name of what is right.  This task, as many can imagine, is heavy, especially for a “not for profit” company and a “volunteer” Pro Se author.  While it is very obvious who should be doing the leg work here, i.e. the Kentucky AND the California Labor Board, it is up to me, my spouse, the other defendants and all the lives involved in this sad, twisted tale of fate, bad judgment and heartbreak, to rectify and reset lives in order, even those we do not owe but were affected by this individual’s actions.  I am not one who asks this every day, I am only one who asks this now, who among our readers will join us in this cause and call to action, who will help us raise the funding to provide REAL legal help, rather than face this Pro Se and work double hard to help, I have and am keeping an extensive history of all the parameters of this Case, I have many things to share with the correct persons who will step forward and with what we have investigated and uncovered, this case other than correcting grammar most foul in a court document (spell checker, I know).  I am offering only this to the person who offers their time to me, I will equal it, no matter the costs, my health is failing somewhat, but I am still strong enough and very gutsy enough to take on this action, although alone isn’t fun, I will fight till this is settled, not just for Elizabeth or Myself, but for all the premises of law and what is right.  As far as the come see me at the end statement I made early on, my email is at the top and our site has plenty of donation paths, so, I ask this humbly and with great exhausted effort, who is willing to help and who is right in this matter, from my own eyes and life experience, the answer is virtually impossible to ignore.

KENTUCKY LAKE, KENTUCKY* (Photo credit: gobucks2)

http://www.lrc.ky.gov/krs/titles.htm

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Police and How Far the Long Arm of Really Is- My Vacation with Uncle Bob

by Elizabeth Hall

Rinnngggg… “Hello?” I answered; the voice on the other end was a voice I had not heard in a while. It was Uncle Bob.  We always hung out when he was in my neck of the woods. I lived in northern California, while he lived in the southern end of the state. He asked me if I wanted to go with him to Miami, Florida the next week, we would be leaving on Saturday. I told Uncle Bob that sounded fun, as I was currently on sabbatical from my job, and had plenty of free time.

On Saturday, we had arranged to meet at the airport, so I drove to the meeting place. Bob looked a little nervous and disheveled but that was not completely out of character for Uncle Bob who had always been a bit odd. He suggested that we rent a car and make a longer trip out of it, driving to Miami. Since Uncle Bob had offered to pay for the trip, I replied that it sounded like fun. Off we went driving across the country, exploring the states in between California and Florida having a great time. It took us two weeks to reach Miami. That is when all the trouble started.

NYPD boat (Photo credit: Wikipedia)

Officer John Davenport pulled out of the police-parking garage to begin his shift. He was a five-year veteran on the force, and loved his job in the Traffic Division of the Miami-Dade Police Force. He drove through his familiar patrol route, checking the hot spots for speeding violations. Currently he was positioned on the interstate clocking speeds of motorists entering his county. He spots a vehicle doing 75MPH when the speed limit is 55MPH.

“Woo Woo” Officer Davenport turns on the siren and picks up his radio “I have a traffic stop, on I-10 at the 108 mile marker” he reports to dispatch. “White Toyota Celica, license plate 786-CAF”. The dispatcher on the other end cackles “got it”. He gets out of his car, and approaches the suspect vehicle. He notices a man and a woman in the front seat, and waits a second for the driver to open his window fully. “I pulled you over because you were speeding about a mile back on the road. May I see your license and registration please?” All the while, Uncle Bob is looking particularly nervous, but he hands the documents to the officer. I am beginning to wonder why Uncle Bob looks this way, as officer Davenport leaves the car and sits down in his cruiser. (Foster, 2005)

Seal of the National Crime Information Center (NCIC), USA. — “Servicing Our Citizens” (Photo credit: Wikipedia)

Officer Davenport sits down in his car, and runs Uncle Bob’s driver’s license through the scanner but this takes a few minutes for the information on the bar code information to come up. In the meantime, he is running the driver information through the national law enforcement database, called the National Crime Information Center (NCIC), with the aid of his computer equipped in the squad car. (Foster, 2005)

It was only a few minutes later that I found out why Uncle Bob looked so nervous. Unbeknownst to me, before we left California, Saturday morning, Uncle Bob had gone into a bank, and committed armed robbery with a firearm. The trip was really a cover for him to get out of town, and taking me with him, supported his alibi that he was preparing for a cross-country trip at the time of the burglary. Where he failed in his plan, was that he bought his disguise for the bank robbery at the sporting goods store right across the street from the bank he was going to rob. The police were looking at the surveillance tape to see if they could see the suspect enter the bank, but what they saw was Uncle Bob, entering the sporting goods store, then exiting, putting his mask on his head, which was a ski mask, then crossing the street. I always knew that Uncle Bob was a little odd, but I never dreamed that he would do something like this.

Digital photo taken by Marc Averette. Downtown Miami, Florida, showing Manhattanization 2/2/2007. (Photo credit: Wikipedia)

It was the nervousness that Uncle Bob had displayed that caused officer Davenport to initially, run Uncle Bob’s information through the NCIC system. When he ran it, he discovered that Uncle Bob was wanted in California for armed robbery. He came back to the car, asked Uncle Bob to step out of the vehicle, and after asking him about the incident, officer Davenport arrested Uncle Bob.

Since Uncle Bob committed armed robbery with a firearm, what happened to him was that he was extradited to California, where he stood trial, and received a sentence of 13 years. The mandatory sentence for armed robbery is, five years for the initial robbery, with an additional eight years for using a firearm as his weapon. (Hardy, 2000)

References:

Foster, R.E. (2000). Police Technology. Upper Saddle River: Pearson Prentice Hall

Hardy, B.H. (2000). Imprisonment for Armed Robbery. OLR Research Report. Retrieved From the World Wide Web April 18, 2010. http://www.cga.ct.gov/2000/rpt/olr/htm/2000-R-0510.htm

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