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5/5: Newsletter #44: The Problem of Creeping Commitment
4/28: Newsletter #43: Charles & Diana's Wedding Disaster
4/21: Newsletter #42: Teenage Insanity Explained At Last!
3/24: Newsletter #38: Safe House Seduction
2/22: The Superhero Handbook - New Introduction
2/10: Court Document: Judge DelVecchio's Formal Charges
9/19: Photos: O.J. Simpson Media Circus
Other Recent News and Changes

Newsletter #44: The Problem of Creeping Commitment


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Continued in January 2007

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Remember the Alamo!
12/31/06: Department of Family Services, Amarillo, Texas (RoamingPhotos.com) While travelling on the day before Christmas, we happened upon this local office of the Texas Department of Family Service. Apparently, it is modeled after the Alamo.



MORE PHOTOS
12/30/06: Family Court survey to take its 'customers' into account (RJ/cgt)

    He and Chief District Judge Kathy Hardcastle presented a sample survey to the district judges over the past two months and received mixed reactions. Most of the judges' complaints focused on five "fairness" questions, which have been removed from the pilot survey that will be handed out in Family Court next week.

    At a Family Court judges meeting in early December, Judge Cynthia "Dianne" Steel called the fairness section "way too subjective to be useful to anybody." One question in that section, which does not ask respondents to name the judge who presided over their case, asks court users to evaluate whether their case was handled fairly.

    "If you lost, of course it wasn't," Steel said.

    She later added, "This is Family Court. They're going to kill us in this section."

    Family Court Judge Gerald Hardcastle, Kathy Hardcastle's ex-husband, said questions designed to measure the court as a service provider will provide helpful information. But as for the questions in the fairness section, he said, "This is just another attack on judicial independence."

A Lovely Young Lady
12/29/06: Photo of the Day: Flagstaff, Arizona (FCC) A lovely young lady we met on the outskirts of Flagstaff.
Colorblind
12/28/06: How Do You Explain Color to the Colorblind? (FCC)

    Some people, through no fault of their own, are born colorblind. For example, they may not be able to distinguish green from red. It is not a devastating disease. They can still see; they just can't see the world the same way other people can. In fact, many people with colorblindness go through life without ever recognizing their deficiency.

    How would you explain "red" to someone who has never seen it? Language is of no use here. You could say, "The color of a cherry," but that wouldn't convey much to someone who thinks a cherry is the same color as an avocado. If you ask them, "Can you see red?" they would say, "Of course I can," because they have seen everything that has been labeled as red. It just happens that, to them, red and green are the same color, while to the rest of us they are different.

    You face the same challenge when trying to discuss certain emotional concepts with people who have never experienced them. How do you describe a loving mother or father to someone who never had one? It may seem simple to us, but the basic skills of parenting are almost impossible to explain in words and very difficult to train in others.

12/28/06: Parents offered drug test kits: Henderson police handing out free package from community relations office at mall (RJ/fm)

    So you thought the only time you had to take a drug test was when applying for a job? Well, in Henderson you might have to take one if you're a kid.

    Henderson police are handing out free home drug test kits for parents concerned that their children are dope fiends.

    The kit, a three-piece saliva test, checks for seven drugs including methamphetamine, cocaine, PCP, marijuana, opiates and benzodiazepines, a common ingredient in prescription sedatives.

Comments from the Webmaster
The problem is how to get the kid to take the test. In Family Court, we've seen some of the many creative ways that both juveniles and adults can use to avoid a test. People on drugs can be incredibly good manipulators. It takes some experience to figure out when you are being conned, and most parents don't have this experience.

If the relationship has already deteriorated to the point where you suspect your child of using drugs, then the drug test kit probably isn't going to help. The kids will find a way to avoid the radar.

The best defense against drugs is a close and active relationship with your kids. If you don't have this, then everything else is just a gimmick.

12/28/06: Teen to stand trial as adult in slaying case: Judge limits families' presence in court to keep ill will from boiling over (RJ/ap)

    It started with a playful food fight and ended with a 33-year-old man dead and a 15-year-old boy in jail.

    Tension between the families of the shooting suspect and the victim was so intense Wednesday that only a few relatives were allowed to sit in on a three-hour preliminary hearing on a murder charge against Richard Henley.

12/28/06: MOM IN DRUG REHAB: Prison looms for hand slap: 'Instinctive response' to defend child led to revoked probation (RJ/ap)

    Lisa Kinsey could be sentenced this morning to two decades in prison because her probation was revoked for slapping the hand of a child who bit her toddler.

    The slap, which Kinsey's lawyer called "an instinctive response," violated a drug rehabilitation facility's rule forbidding residents from disciplining any children at the center other than their own. Because Kinsey broke a rule at the center, she violated the terms of probation. As a result, the 26-year-old mother of three faces prison time for previous charges related to a series of armed robberies.

12/28/06: Supreme Court throws out property settlement in divorce (RJ/sw)

    CARSON CITY -- A divorce decree and property settlement ordered by a Clark County Family Court judge in 2004 was invalidated by the state Supreme Court on Wednesday because the decision was made after a 16-minute trial, with no sworn witnesses and with one of three parties not given a chance to speak.

    The ruling by a three-justice panel of the court reversed a decision by Judge N. Anthony Del Vecchio, who at the May 2004 trial denied a postponement though two of the three parties in the dispute had no attorney present and spoke either limited or no English.

    The parties resolved a child custody issue, but the property division was rejected by the Supreme Court and sent back for a new trial.

Navajo Nation: A Family Court Perspective
12/27/06: Photos from Window Rock, Arizona (FCC) Even when we are on the road, our camera is drawn to certain Family Court topics. For example...


More Navajo photos

12/27/06: EDITORIAL: Judicial reforms (RJ)

    Following a lengthy series in the Los Angeles Times which characterized the Nevada legal and judicial community as an incestuous bunch that cared more about helping friends and buddies than delivering justice, the state Supreme Court vowed to implement reforms.

    Last week, Chief Justice Bob Rose announced a few modest changes.

    First, senior judges -- those who haven't been elected, but have been appointed to hear occasional cases for sitting judges who are unavailable -- may be removed via peremptory challenges in some instances.

    Second, judges must disclose past relationships with attorneys who worked for them as clerks.

A Triumph of Public Relations
12/26/06: CLARK COUNTY: Foster home placements on upswing: Valley lawyers help Family Services get child-care crisis under control (RJ/lkb)

    In September, the Children's Attorney Project took on representation of more than 60 infants and toddlers in need of foster homes.

    The agency's goal was to have Clark County Family Services expedite placement of abused and neglected children into familylike settings, which is required by state and federal law....

    Over a four-month period, the project's client list of 60 infants and toddlers has been reduced to just two children.

Comments from the Webmaster
This article an unpleasant odor to it, but we haven't had a chance to dissect and analyse it yet. It sounds like an amazing job by the CAP program: reducing 60 inappropriate placements to only 2. We smell bad logic, an effective publicity machine and a gullible press.

Teens on a Tightrope
12/24/06: IN DEPTH: TEENS ON A TIGHTROPE: One youth's long road leads to reconciliation (RJ/hkr)

    Eric is not his real name. But the former runaway -- now considered an adult because he's 18 -- has re-established a relationship with his family and doesn't want to embarrass them.

    That wasn't always the case. Once, Eric chafed under his parents' care. He considered them extremely strict. They wouldn't let him hang out with friends, he recalls, and grounded him for long periods for minor offenses, such as not cleaning the crumbs from the dinner table.

    By age 15, he frequently slept on couches at his friends' homes. His parents, he says, "had a problem with it, but I would do it anyway."...

    One day just before school dismissal, Eric's counselor called him into his office. He had heard from Eric's father and told the teen that he didn't think he should go home. Eric's parents had found some contraband in his room and had emptied it of everything but his bed and a few items of clothing.

    He went home anyway. Seeing his stripped-down room, he punched a hole in a wall. When his father saw that, Eric says, he beat him. The police were called. Because Eric was cooperative, they left without taking him into custody.

    After the police left, his father hit him again, Eric says. He hit back. His mother called the police, who took him to juvenile detention. And he promptly was sent back to his parents.

    About a week later, Eric recalls, the scenes were re-enacted. This time he was sent from juvenile detention to a mental health facility.

    "As soon as I got home, he started beating me again," Eric says of his father.

    He left for good, resuming his habit of couch-surfing at his friends' homes. But once the other parents realized that he was homeless, he no longer was welcome. And so Eric took to the streets.

Comments from the Webmaster
One of the rare in-depth articles found in the Review-Journal. An admirable effort! It's almost like this is a real newspaper! (Almost.)
Runaways
12/24/06: IN DEPTH: RUNNING AWAY TO UNCERTAINTY: Youths who flee homes enter shadowy realm of high risk (RJ/hkr)

    In Nevada, more than 6,000 children are reported missing every year, according to the state attorney general's office. But if it seems inconceivable that so many young kids are getting snatched off the street by strangers, it's because they're not. Abductions by strangers might get the biggest headlines, but they represent the smallest category of missing children -- about 8 percent to 10 percent, according to Detective Sgt. Tom Wagner of the missing persons detail of the Metropolitan Police Department....

    Wagner estimates that 80 percent of the police department's missing children cases are runaways, or fit into the category of "unknown." Precise numbers are impossible to pin down. Runaways don't exactly show up to be counted, and only a proportion of them come under the purview of social service agencies. Kathleen Boutin, director and founder of the Nevada Partnership for Homeless Youth, estimates that only half of them are reported missing by their parents. It's also possible, Wagner says, that "maybe the families haven't contacted us and told us their child has come back. ... I think the stats are a little deceiving."

    What's irrefutable is that Nevada Partnership for Homeless Youth saw at least 300 runaways last year. And WestCare, which has the only runaway shelter for adolescents in Southern Nevada, sees about 2,500 a year.

Comments from the Webmaster
An excellent article.

When the runaways commit a crime, they end up in Judge Voy's court.

12/23/06: High court adds rules to judicial conduct code (RJ/sw)

    CARSON CITY -- The Nevada Supreme Court added a new rule to its code of judicial conduct on Friday to require judges to disclose past relationships with attorneys who worked for them as law clerks. It also adopted a rule allowing the peremptory challenges of senior judges in some cases.
12/23/06: INTERNET DOWNLOADING: Teacher cleared in porn case: Music instructor 'an innocent man who was wrongly accused' (RJ/ap)

    Music teacher Ryan Gourley was investigated for more than a year and arrested last summer after he was accused of downloading child pornography on an acquaintance's computer.

    Since then, his contract with Cram Middle School was terminated and Gourley, despite proclaiming his innocence, has been ostracized by neighbors, according to his attorney, Robert Draskovich. As far as the community was concerned, he was a child molester.

    After a five-hour hearing Thursday, Justice of the Peace Tony Abbatangelo exonerated Gourley on all 16 child pornography-related counts against him, claiming that the state failed to produce enough evidence to send him to trial.

Comments from the Webmaster
We know nothing of this case, but there is a huge challenge for justice in all downloading cases. If someone was out to get you, all they would have to do is plant some child pornography on your computer, then find a way to notify the police. Do you know what's on your computer?
12/22/06: Teen charged in parking lot slaying: Fatal shooting occurred more than year ago (RJ/fm)

    When Henderson homicide detectives finally caught up with 16-year-old Frederick Martinez more than a year had passed since Allon Iny was fatally shot in the neck in a shopping center parking lot.

    Martinez yawned when asked about Iny's death and asked detectives why it took them so long to talk to him about the shooting, according to his arrest report.

    The Las Vegas teen was charged Wednesday with murder in connection to Iny's death the afternoon of Oct. 24, 2005, and was booked into the Henderson jail. Martinez was picked out of a photo lineup by a witness to the shooting, the arrest report said, and is expected to be certified as an adult because of the nature of the charge against him.

Critical Report on Abuse Investigations
(RJ/mk)

    Local authorities did not interview suspected child abuse victims privately, respond to maltreatment reports in a timely manner or conduct thorough investigations, according to experts who reviewed a sample of Clark County child welfare cases.

    In short, child abuse or neglect allegations reported to authorities here do not receive a "real investigation," consultant Ed Cotton wrote in a scathing review of the county's troubled child welfare system.

    "The fact that over 60 (percent) of the alleged child victims were never seen privately at any point must set off a major alarm that results in clear-cut policy and intense supervisory oversight," wrote Cotton, the former director of New Jersey's Division of Youth and Family Services.

    The county released the review Thursday.

    Cotton's team of reviewers examined 148 open abuse cases in October.

    Their separate review of 1,352 randomly selected foster care and other out-of-home placement cases found:

    • Documentation of cases is inconsistent.

    • Almost all county child welfare workers viewed safety assessment worksheets as forms that must be completed rather than a tool to make a decision about a child's safety.

    • Fewer than half of the children under county supervision were visited by caseworkers in the prior 30 days and half the parents caring for them hadn't been seen in more than 60 days.

    Also, county child welfare workers told parents that it's OK for them to strike their children as long as they don't leave marks. "A CPS agency should not encourage parents to hit kids, nor should its agents imply to children that they are somehow able to stop it," Cotton wrote.

    Caseworker training is nearly nonexistent and supervision is lax, Cotton reported.

12/22/06: FATAL CRASH: Two teens to remain in custody: Defense denies youths were racing (RJ/lkb)

    Two Bonanza High School juniors charged with reckless felony driving that resulted in the death of a Las Vegas man will remain in the Clark County Juvenile Detention Center as their cases progress through the legal system.

    Clark County Juvenile Court Judge William Voy made the decision Thursday, affirming detention recommendations from the prosecutor and a probation official. The two 17-year-olds, William Copsey and Christian Jordan, stood before Voy with bowed heads and shackled limbs, shaken by the denial of their requests for release.

More Idiocy from Hiltz
12/21/06: Deported woman's child in foster care: German citizen faces abuse, neglect charges (RJ/lkb)

    The 3 1/2-year-old daughter of a deported German citizen who faces criminal abuse and neglect charges in Nevada, will remain in the custody of Clark County Family Services for now. Alternate Hearing Master Thomas Kurtz decided on Wednesday to keep the daughter of Samaneh Rezaei in the custody of family services after weighing arguments from three sets of attorneys in Clark County Family Court.

    Steve Hiltz, a lawyer with the Children's Attorney Project appointed to represent the battered girl, said the child is best served by remaining in the care of her foster parents. The child requires ongoing and extensive medical care for the near-fatal head trauma she sustained in August, Hiltz said, and she is getting counseling on a weekly basis.

    Hiltz said the girl is learning English and has bonded with her caregivers. He also told Kurtz the girl becomes fearful when asked about her mother.

    "What is her reaction when somebody brings up her mother?" Hiltz said. "It's negative. She calls her bad mommy."

Comments from the Webmaster
Here's another moronic argument from Steve "The Jerk" Hiltz. Anyone who is familiar with 3-year-olds knows that any question you ask them about the larger issues of their lives is absolutely meaningless. Whether the child says "bad mommy" or "good mommy" depends mainly on how the question is asked. The bonding with the current foster parents is also irrelevant. At this child's age, she is going to bond with anybody.

This shows the absurdity of having the Children's Attorney Project represent very young children. They are supposed to represent the child's "wishes," but at this age, their wishes are volatile and virtually meaningless.

The only legitimate representation for a child this young is "best interests," which in legal terms is called "guardian ad litum." The CAP program was not designed for this, and Hiltz personally isn't capable of it. Next, he'll be interviewing children in the womb and representing to the court what their wishes are.

When he says that the child becomes fearful when asked about her mother, we'd like to know if a legitimate trained psychologist would agree. What would a real professional say about the legitimacy and relevance of such evidence?

Hiltz isn't a psychologist and has absolutely no grasp of child psychology. He just knows things because he "talked to the child." Due, no doubt, to his superior people skills, he knows what the child wants better than the child does.

In our opinion, he should read the child his Miranda rights first: "Anything you say or do will be used against you in court."

Continuing with the article....

    Joseph Sciscento, legal counsel for Rezaei who will be tried in absentia, argued that it's not proper for the family court to retain custody of a German national. The girl's aunt is willing to care for her, Sciscento said. Custody of the child should be turned over to the German courts, Sciscento said.

    "My concern is that the state merely wants to use the child as a pawn because they want to go forward on the case in criminal court," Sciscento said. "My concern is really that we get the child to a place she wants to be."

    Sciscento also questioned Hiltz's representation of the child as fearful. The girl might be reacting to her lengthy separation from Rezaei, Sciscento said. The girl was placed in foster care after being released from the hospital.

    Sciscento also raised the issue of the father's rights. The girl's father is a Turkish citizen living in Germany who can't gain entry to the United States.

    Prosecutor Ron Cordes argued that Sciscento had no standing to argue on the father's behalf and also told Kurtz that the father had been notified of the proceedings and did not arrange to have a representative present. Cordes also questioned the appropriateness of placing the girl with her aunt, whose reactions to the child's injuries was that her sister couldn't possibly be responsible for them.

    "I believe a thorough investigation of the aunt is necessary to determine what her place in the whole process would be," Cordes said.

Comments from the Webmaster
This appears to us to be a pretty clear "Elian Gonzalez" situation. The child is a national of another country, and his mother and all of his relatives are there. Unlike with Cuba, no one can argue that German authorities are poorly equipped to assure the child's safety: Their child welfare system is probably far superior to ours. The ultimate test of the placement is whether the German welfare agency believes it is appropriate; otherwise, Las Vegas caseworkers would have to visit every home of every out-of-state placement.

It is reasonable that the aunt should support her sister and proclaim her innocence, and this should not be held against her as a placement. After all, the mother has not been tried and remains, "innocent until proven guilty." We have read nothing in the news accounts to suggest that the mother was an active perpetrator of her child's injuries. Her worst sin appears to be falling in with the wrong man. It is unreasonable for Nevada to hold up the transfer because of the aunt's statements. Again, only the German authorities have the tools (and speak the language) to properly evaluate the aunt.

If the child is already bonding with her foster parents, as Hiltz contends, then this calls for haste: We ought to move the child to Germany as quickly as possible to avoid another wrenching ordeal when she has to leave the foster parents.

It is reasonable for Las Vegas authorities to want to dot their t's and cross their i's to make sure the child will be safe, but this shouldn't degenerate into foot-dragging. As long as the German authorities are ready to take responsibility, let's send her where she legally belongs.

12/21/06: Mother allowed visitation: Woman accused of killing foster child granted visits with own children (RJ/kch)

    Melanie Ochs, the mother accused of killing her foster child, on Wednesday received visitation rights to see her own two children daily.

    District Judge Nancy Saitta said Ochs will be able to see her 2-year-old and 3-year-old from 4 p.m. to 6 p.m. A court order had prohibited her from seeing her children after she was arrested more than two months ago on a charge of murder.

    Prosecutor Vicki Monroe asked that Ochs remain on house arrest until her trial, but did not argue against the visitation rights.

12/19/06: adoption battle: Visitation request rejected: Judge in 3-year-old's case cites families' strained relationship (RJ/ap)

    Two years ago, foster parents Michelle and Roy Rodriguez prepared to throw a party to celebrate their pending adoption of Nathaly, a child they picked up from Child Haven and raised until she was nearly 3 years old.

    On Monday, they were told it is not likely they will ever get to see Nathaly again.

    Citing an adversarial relationship between the Rodriguezes and the girl's grandmother, Maria Lopez, Family Court Judge Gerald Hardcastle denied the Rodriguezes' request for monthly visits with Nathaly, who was returned to her biological family in April.

    "There has not been acceptance by the foster parents of the grandmother's role," Hardcastle said before making his ruling.

    The brief court hearing ended a grueling legal battle that at times left members of the Lopez family and the Rodriguezes in tears. Hardcastle made his decision after listening to about three hours of testimony Friday.

12/19/06: Stepfather arrested in boy's death: Man faces murder by child abuse charge (RJ/fm)

    The mother told Las Vegas police she believed her 4-year-old son had only vomited.

    But doctors who examined Brandon Tomoria-Lamug's lifeless body said his internal organs were exploded, cuts and bruises covered his head, and the lobes of his brain were covered with blood clots.

    Those injuries are usually seen when someone is hit by a car going 60 mph, one doctor told police.

Comments from the Webmaster
When we see the mug shot and read about the medical report, the first thing that comes into our head is "bad man," but we know it isn't that simple. Maybe he's a good man who lost control or who made the mistake of taking drugs. He may be irredeemably evil or this may have been an anomalous event that is basically inconsistant with his personality.... but our justice system doesn't really care. He's going to get the mandatory penalty and at 23 years old will essentially become a lifelong ward of the state.

There will be no real justice here; only dumb accounting. We're not protesting, exactly. The American criminal system is what it is. We just don't want anyone to think that criminal justice is more rational or enlightened than, say, a good lynching. It's just a systematized, government-sponsored lynching that fixes nothing.

Where's Waldo?
12/19/06: Off-Topic Photos: High School Choral Concert in Orange County (FCC)

Can you guess which one is the nephew of the photographer?
How to Fix the Planet
12/17/06: The Nightmare Planet, or, A Desperate Call to the Pan-Galactic Child Abuse Hotline (FCC) Philosophy.

    Earth is a nightmare planet, and I wouldn't recommend staying here if you have someplace else to go. Of the many billions of souls residing here, most are tortured and wasted by their society, with only the tiniest percentage achieving something close to self-realization. The social systems are brutal here and grossly under-funded. They take young children with great potential and turn them into desperate, neurotic adults. With its population rapidly outstripping its resources, Earth is a misery factory that is greatly in need of galactic intervention.

    I would like to see a pan-galactic welfare agency step in. First, they need to put the whole planet in receivership. Then they can file an emergency injunction to PUT AN IMMEDIATE FREEZE ON ALL NEW CONCEPTIONS. Until this planet can work out its problems, it should not be allowed to recruit any new souls.

Photo of the Day
12/17/06: Orange County Zoo (FCC)

12/17/06: Judges' takeover of clerk's duties concerns critics: Plan supported by 27 of 33 district judges (RJ/cgt)

    Allowing Clark County's district judges to take over the court clerk's duties is like letting the fox guard the henhouse, critics of the plan say.
12/17/06: Parraguirre: Case demonstrates need for independent clerk (RJ/cgt)

    A court clerk was sitting in on a closed hearing this summer when she became concerned that Family Court Judge Cheryl Moss might grant an attorney's request to destroy records in the divorce case.

    The clerk, Sharon Phelps, began sending e-mails from the courtroom to her supervisor, Assistant Court Clerk Diana Alba, seeking guidance. The e-mails set in motion a series of events that eventually led to the involvement of Acting Chief District Judge Valerie Adair.

    Two days later, on June 28, Adair sent the following e-mail to Alba's boss, Clark County Clerk Shirley Parraguirre:

    "If Judge Moss issues an order directing the clerk to destroy any part of the file or record, please notify me immediately. We are going to take the steps necessary to protect the file until we are able to receive direction from the Supreme Court. Please do not act to implement the order until you have received direction from me."...

    Under the current system, Parraguirre said, court clerks can seek her intervention if a judge asks them to do something improper with a court record. With the new system, judges can order clerks in their courtrooms to do whatever they want "and no one would ever be the wiser," she said.

Comments from the Webmaster
Parraguirre's protests seem moot at this point, since the changeover seems a done deal. No elected official wants to see their duties cut by half, so it is expected that she would protest.

Nonetheless, the issues raised are good ones and call for quasi-independent management and an appeals system to prevent the abuse of the record system by individual judges.

Photo of the Day
12/16/06: Santa's Sleigh at Child Haven (FCC). Car seen outside Child Haven about a week ago.

Comments from the Webmaster
Note that Santa is parked in a handicapped spot. Perhaps he needs a lifestyle change to improve his health. (Less fatty foods, drop a few pounds, etc.)
12/16/06: Two to be charged as juveniles in street racing death: Victim's family, friends express their outrage over decision from district attorney's office (RJ/fm)

    The Clark County district attorney's office announced Friday that it will not seek to have two 17-year-old Bonanza High School students charged as adults in connection with a street racing crash that killed a Las Vegas man earlier this week....

    Pidwell was killed Wednesday afternoon when the driver of a white Ford F-150 ran a stop sign at Oakey Boulevard and Cimarron Road and slammed into the flatbed company truck that the victim was driving. Police said the pickup was driven by one of the two 17-year-olds. The other 17-year-old was driving a Toyota Tundra, which avoided the collision and fled the scene. That teen was taken into custody later.

    The two students have been charged with felony reckless driving involving a death and have been booked into the Juvenile Detention Center. Their names have not been made public because they are juveniles.

    Clark County District Attorney David Roger said the two students did not meet the criteria set by the Legislature and courts to certify them as adults.

Video of Melee
12/15/06: Brawl Breaks Out in Family Court (KLAS) Includes Video!

    A trip to family court leaves one man in jail and four bailiffs needing medical attention. The whole incident was caught on videotape.

    Geoffrey Wells, who was in the middle of a divorce proceeding, was taken into custody and charged with with four counts of battery after he attacked court baliffs. Wells has been involved in a bitter custody battle with his ex-wife.

Comments from the Webmaster
Cool video! (Watch it soon because KLAS only retains the video for about a week.)
Melee in Moss Courtroom
12/15/06: FAMILY COURT FRACAS: Divorce trial results in melee: Husband's repeated verbal outbursts lead to brawl with bailiffs (RJ/bh)

    Lawyer Randall Roske felt it coming.

    "I could see it building up," he said.

    Family Court Judge Cheryl Moss had a feeling, too, and called in extra bailiffs "just in case."

    By the time Thursday's divorce trial was over, Geoffrey Wells, whose 12-year-old son killed himself with an unsecured shotgun, would prove their feelings right. After Moss reminded him of her order to lock up his guns before the suicide, the 36-year-old snapped.

Comments from the Webmaster
The father in this case illustrates our clinical definition of "evil," as discussed in our latest newsletter: Evil Explained. "Lying to yourself" expresses itself physiologically in a belligerent attitude that both Judge Moss and attorney Roske could see building up before the outburst. Bringing this man into court was the equivalent to strapping him to a lie detector, as described in our newsletter. He had to react violently to avoid accepting any responsibility himself.

Given the man's prior history, we suspect that the D.A. will seek the maximum penalty. We can't argue with that, since he is obviously a danger to society and is probably beyond any practical hope for repair. We decline, however, to say that he personally is evil, more that he is afflicted with a dangerous and infectious disease that is usually incurable.

12/15/06: Fate of abused girl unclear after mother's deportation to Germany (RJ/lkb)

    The 3 1/2-year-old daughter of deported German national Samaneh Rezaei doesn't speak English.

    But her broken arm, her near fatal head injuries and her battered body showed police and physicians how much she has suffered since her mother took her to Las Vegas to live with Arash Hashemi, a man Rezaei had met on the Internet and visited twice this year.

    Rezaei was deported before she could answer to criminal abuse and neglect charges. Hashemi faces the prospect of a grand jury indictment for the abuse allegations police have leveled against him. Prosecutors plan to proceed with abuse and neglect charges against Rezaei in absentia next week....

    "This is a German child subject to German custody," said Attorney Joseph Sciscento, who represents Rezaei in the abuse and neglect case.

    Sciscento said the mother wants the child returned to Germany.

    Contact has been made with German child protective services, Sciscento said, and arrangements have been made for the girl to live with her paternal aunt, under supervision of the German authorities.

Comments from the Webmaster
This case reminds us of Elian Gonzalez, the Cuban boy who was washed ashore in Florida without a parent. As a national of another country where he parents now reside, obviously she should go back there. Any delay on the part of our court and D.A. is merely to assure that services are in place and questions have been answered.

One thing is for sure: In Germany, the child and her mother are going to get far better services than they would ever receive here. In this transaction, we are the primitive Third World Country!

Another Tale of Love Gone Bad
12/13/06: U.S. man finds love and death in Brazil (LA Times)

    SAN JOSE DOS CAMPOS, Brazil -- It was a dream of love, and a dread of loneliness, that drew Raymond James Merrill from his comfortable home in suburban San Francisco to this industrial city in southern Brazil.

    Dumped by his girlfriend and approaching his 56th birthday, Merrill was aching for companionship. A "Latin singles" website led him to his new passion: Regina Filomena Crasovich Rachid, a 40ish divorcee with a seductive smile and some rough friends.

    Merrill, a musician and carpenter with some money in the bank, jumped on a plane and was soon bestowing lavish gifts on Rachid, including $10,000 for the Botox clinic she ran out of her home here. He was besotted, even as her financial demands intensified and fraudulent charges mounted on his credit cards. Merrill made plans to sell his house, move to Brazil and marry Rachid.

    Less than two weeks after arriving on his wedding trip to Brazil, police say, he was dead.

Comments from the Webmaster
Women aren't the only ones suckered by sociopaths. It's a universal phenomenon: people blinded by loneliness and others willing to take advantage of them.
12/12/06: Freedom for suspect in child abuse short-lived: Man taken into custody minutes after charges withdrawn (RJ/lkb)

    Arash Hashemi's status as a free man changed during the course of one elevator ride.

    On Monday, prosecutors at a hearing on the eighth-floor of the Regional Justice Center voluntarily withdrew child abuse charges against Hashemi, 35, saying they weren't prepared to proceed immediately.

    The charges had been filed after police investigated the serious head trauma sustained by a 3-year-old girl whose injuries required emergency surgery. The child is the daughter of German national Samaneh Rezaei, who also was charged with the abuse that occurred in August.

12/11/06: UPDATE: Slaying suspect may get visits with kids: Foster mother accused of killing 7-month-old (RJ/cgt)

    A woman accused of killing her foster child soon may be granted supervised visits with her two surviving children, whom she has not seen since her arrest two months ago.

    Melanie Ochs, who is on house arrest, appeared Thursday in Family Court with her husband, Laurence Tokarski, who has custody of the couple's two young children.

    Ochs' attorney, Robert Langford, said a psychologist recently evaluated the children. Langford said the psychologist determined the children have a strong bond with their mother "and that them being away from mom was having a detrimental impact on them psychologically and developmentally."

    On Thursday, Hearing Master Frank Sullivan followed a recommendation to allow Ochs visits from 4 to 6 p.m. each day with her children. However, Sullivan said Ochs first must receive the approval of District Judge Nancy Saitta, who is presiding over the murder case filed against Ochs.

12/11/06: NOV. 29 DEDICATION: Ousted judge not forgotten: $250,000 lands Whitehead's name on law school room (RJ/adh)

    Former Judge Jerry Whitehead, who resigned from the Washoe District Court in return for a federal promise not to prosecute him, has been honored with a room named for him at the Boyd School of Law on the UNLV campus.

    Richard Morgan, dean of the law school, said the naming was requested by David Belding, former chief general counsel of Mandalay Bay Resorts, in connection with his donation of $250,000 to the law school.

12/10/06: Battling domestic violence: Authorities try to increase efforts to stem growing tide of victims in valley (Sun/ss)

    In 2004, Nevada had the fifth-highest rate in the nation of women slain by men, according to a study released in September by the Violence Policy Center. The year before, the state ranked second.

    In 2001, Metro Police handled 17,886 domestic violence cases. By 2005, that number had risen to 22,394, according to Lt. Brad Simpson, head of Metro's family crimes section. This year, he said he expects to see 24,000 cases.

    Officials say the rising numbers are partly a reflection of the region's fast-rising population, but the figures nonetheless show the depth of the problem today.

    Last year, more than 9,000 people filed for temporary protective orders from Clark County's Family Violence Intervention Program....

    Under changes to Nevada's domestic violence laws that took effect in 1998, police are required to make an arrest if they show up to a scene and see evidence of domestic violence on either person. Moreover, a third conviction for domestic battery brings a felony conviction and a minimum of one year in jail.

    The new law also expanded the legal definition of domestic violence to cover those accused of harming someone they are dating, had formerly dated or are related to through marriage.

12/8/06: Delay in Reports Critical of Foster Child Agency (KLAS/cm)

    The Clark County Department of Family Services is delaying the release of three reports said to be critical of the agency. Included is a report involving the disappearance of a two-year-old-girl from foster care.

    The county hired a consultant paid for with tax dollars to conduct three reviews. One review looks at all open Child Protective Services cases involving children five years of age and younger.

    A second review is of more than 100 CPS investigations. And the third review looks into the disappearance of Everlyse Cabrera. The two-year-old vanished from her foster home in June and has not yet been found.

Pending Legislation
12/8/06: Protections sought for children in government care: Legislators finalize agenda of bill drafts (RJ/lkb)

    Nevada children who are jailed, institutionalized or under the supervision of child welfare agencies will have expanded legal protections and increased professional oversight if a small group of legislators is successful in the next session.

    On Thursday, the legislative committee studying the health and welfare of minors in government care finalized a broad agenda of proposed bill drafts and policy recommendations that tackle the investigations of deaths of children, the placement of young children in foster care and the supervision of juveniles who've been sent to out-of-state care facilities because Nevada can't meet their needs....

    Leslie pushed for acceptance of a bill draft that would make it illegal to place children under the age of 6 in group shelters, such as Clark County's Child Haven. Leslie acknowledged that some child welfare agencies prefer not to see the requirement in statute, but said it's important to place the very young where they will receive individual attention....

    The proposed prohibition against placing young children in group shelters passed unanimously.

Comments from the Webmaster
There is much to fear in these good intentions. We are deeply worried about the possibility of any ill-conceived legislation causing more problems than it is worth.

If children can't be placed in group shelters, then where are they going to go? Are legislators going to magically produce more foster parents, and are these foster parents going to sign up for the specialized task of taking young children for short stays?

The end effect of this legislation may be to force children into substandard, ill-supervised home care—where child deaths are more likely to occur.

Incompetent Caseworker Alert!
12/7/06: Incompetent Caseworker Alert: Lisa Ford (FCC/gc)

    I believe that Lisa Ford brought false sex charges against an innocent man based solely on the coached testimony of a four-year-old child. The charges were dismissed at the hearing I attended, but that doesn't change the fact that a family was unnecessarily put through a month of hell while the baseless charges were resolved. The case should have never reached this stage, where someone has to hire a lawyer and go through a trial. The fact that it went this far based on such defective evidence reflects, I believe, Ms. Ford's inability to grasp the most basic principles of her job.

    This is a dangerous woman in her current capacity. She needs to be removed before she damages more families.

Clerk Duties Transferred
12/6/06: Control of Eighth Judicial District Court transferred (RJ/ap)

    The Nevada Supreme Court stripped the Clark County clerk's office of its control over the Eighth Judicial District Court on Tuesday, ruling that the lower court has the "inherent authority to assume functions essential to the court."

    The move to transfer control of the court to the court administrator was supported by 27 of the 33 district judges.

    Chief District Judge Kathy Hardcastle pushed for the transfer of duties, saying the existing set-up is like "having your office manager work for a different company."

12/6/06: Plan to limit judicial fundraising dies: Court rejects plan for election contributions (RJ/sw)

    CARSON CITY -- The Nevada Supreme Court on Tuesday rejected a proposal by a district judge to limit campaign contribution solicitations by judges and judicial candidates.

    The court heard the matter early in the day and by the afternoon issued a two-page order declining to make the changes recommended in July by Washoe District Judge Brent Adams.

    The court unanimously found that the proposed limitation was unconstitutional....

    The court took under advisement changes proposed by Chief Justice Robert Rose, including the following:

    • Allowing the pre-emption of senior judges in civil cases, provided that two-weeks notice is possible.

    • Requiring disclosure by a judge when a person appearing in a court case has contributed more than $10,000 to the judge's re-election campaign.

Comments from the Webmaster
Under the last proposal, a lawyer could contribute $9,999 to a judge's reelection fund and not have to report it to the opposing party.
12/6/06: Sixth arson suspect released: Palo Verde student has denied charges (RJ/lkb)

    The last of six juvenile arson suspects arrested in a case that involves throwing firebombs at Faith Lutheran Junior/Senior High School formally denied the charges Tuesday and was released by a judge into the custody of his mother.
12/5/06: [California] On his block, a molester (LA Times)

    MY neighbor was a child molester.

    I know because of the signs.

    Michael Miletti's face, name and address appear on posters lining Wapello Street in Altadena, with the admonishment: "Leave Our Neighborhood Now Child Molester." Up since May, the signs are staked into lawns, taped to trash cans and nailed to tree trunks....

    The database is meant to give parents, especially, information that will help them protect their children. But as my neighborhood shows, it can also open residents to fears and resentments they previously never had to confront. For some of them, there was only one solution: They would try to drive a neighbor away.

Comments from the Webmaster
Child molesters—both real and, more often, imagined—are the Salem witches of the modern age. One wonders if a parent's time is better served by attending to their own children rather than obsessing over an unrealistic threat. This is where hysteria probably causes more damage to society than the actual crime.
12/5/06: BODYBUILDER CASE: Police tried ruse of phony corpse: Authorities suspect murder-for-hire plot (RJ/gp) This is an adult criminal case, but there is one tidbit that might be relevant to juvenile justice, too....

    Over the following weeks and months, police carried out an elaborate investigation with the help of Cassim working in the role of informant. Cassim was still in custody at the time, but Brady was out of jail.

    According to the reports, police decided the best way to maintain contact between the two men was to have a detective pose as an investigator with the public defender's office.

    The detective would call Cassim, who then made three-way calls to Brady without Brady suspecting the phone line was being recorded because calls between the public defender's office and inmates at the jail are not recorded.

Comments from the Webmaster
If we were in the public defender's office, we would be mightily upset about this: police posing as public defenders in any form.
12/5/06: Judge rejects teen's release: Student sixth suspect in arson (RJ/lkb)

    The sixth Palo Verde High School student charged in a case that involves arson committed against a private religious school was denied release Monday from the Clark County Juvenile Detention Center.

    Juvenile Court Judge William Voy said that before he makes a decision, Marcus Shaw, 17, will have to undergo the same evaluations and background checks that probation officials performed on the five other suspects who were arrested on Nov. 23....

    Shaw, who was a varsity football player this year, was taken into custody by arson investigators Friday and spent the weekend in lockup.

    His arrest concluded a four-month investigation by local and federal law enforcement agents into firebombs used to inflict minor damage at Faith Lutheran Junior/Senior High School and Summerlin's Trails Park.

Comments from the Webmaster
This is a "no news" story. The whole things seems routine: Bunch of football players get together and do something stupid. The whole rest of the coverage is just the newspaper filling space by reporting on court proceedings. Because one of the targets was a religious school, its "news," but there's nothing groundbreaking here.
12/5/06: Nevada high court to debate judicial ethics: Proposed rules include banning jurists from personally soliciting campaign funds. Free speech may be an issue. (LA Times)

    CARSON CITY, NEV. — The Nevada Supreme Court this morning will begin weighing the constitutionality of a proposal to ban judges from personally soliciting or accepting campaign contributions, an important issue in the struggle to clean up and modernize the state's troubled judiciary.

    The measure, part of a wide-ranging reform effort, would put Nevada in line with most other states' codes of conduct that guide the behavior of judges.

Comments from the Webmaster
The L.A. Times is following this story because it initiated it with its expose on Nevada judges a few months ago.

It is sad, of course, that we have to rely on the L.A. Times for this kind of reporting.

Evil Explained
12/4/06: Flyer #15: EVIL EXPLAINED (FCC) A 2-page printed newsletter distributed at the Family Court.

    After a year and a half of research in the halls of the court system and a lifetime of experience in the field, Family Court Chronicles finally has the answer to one of life’s most challenging questions: What is evil?

    It is not a substance, an action or an outcome, but a frame of mind.

    Premeditated murder is not evil. It is a result of evil. The Holocaust was not evil, at least by our definition, but evil was present in many of the minds that planned and committed it. Events and inanimate objects cannot be evil; only people can, and they don’t have to do anything heinous for the evil to exist.

    Evil, we contend, is a physiological phenomenon in the brain—a specific pattern of neurological activity that can be detected by modern technology.

And Speaking of Evil...
12/3/06: Buckley's rise to power speaks for itself (RJ/mb)

    From the way people describe Barbara Buckley, you might expect to meet a linebacker-size she-beast with snakes for hair and laser beams for eyes.

    Ruthless. Cunning. Tough. Brilliant. These are some of the words political players from both sides of the aisle commonly use to describe the Las Vegas Democrat who is set to become the first female speaker of the Nevada Assembly.

    Genuine respect, tinged with genuine fear, is what most political players -- other politicians, lobbyists, and those who've observed her ascent -- express when asked about Buckley.

    The real Buckley is a slim, diminutive woman with jade-green eyes behind rimless glasses, a youthful-looking 46-year-old with an easy smile and a disarmingly frank and thoughtful manner. "Hey, man," is her friendly greeting.

Beyond the Prime Directive
12/2/06: Philosophy #37: Beyond the Prime Directive (FCC)

    The "Prime Directive" is the Star Trek principle that it is best to leave well enough alone. Space travellers should not be intervening in the development of primitive planets, no matter how noble the intent. The simple reason is that you can't predict all of the long-term effects of your actions. Even "good" technology, like life-saving medicine, can have bad results over time—say, by creating a population explosion.

    The Prime Directive is a pretty good starting position in any moral argument. Should you be interfering in other people's lives? In general, no, people are best equipped to deal with their own problems. This is a guiding principle of American government—that it should not intervene in the lives of its citizen's without specific authority and solid grounds. It should also be a starting principle for you and I.

    Often we see people in obvious distress or conducting their lives in ways that we know are self-destructive. That doesn't mean it is our place to intervene. We may choose not to intrude even when we see a crime being committed or one person hurting another, or when we know that we are perfectly capable of helping. The fact is, intervention can be both costly and risky. Your actions may be well-intentioned, but that doesn't guaranteed they'll be effective, and if there are any unexpected side effects, you will be responsible.

    That said, intervention is the purpose of life. Your role as a human is not just to travel through space observing planets from afar. You are now trapped on a planet, already enmeshed in its affairs, and your only real meaning is derived from somehow trying to improve it.

Field Trip Report
12/1/06: A Visit to the Williams Family Training Complex (FCC)

    At the Clark County Commission meeting on Nov. 21, 2006, the commissioners accepted the donation of a 15-acre parcel of land on the eastern edge of the Las Vegas Valley to be used as a family training center for the Clark County Department of Family Services. I was present at the meeting. One of the donor's conditions of the gift was that whatever was built there would be named after departing commissioner Myrna Torme Williams and that Williams would also head a committee that would be responsible for managing the use of the property. The property was located at 601 N. Hollywood Blvd. and was being donated by a corporate trust whose name I did not recognize....

    As a child welfare activist, my main concern is that the location might be inappropriate for the purpose, being too far from DFS headquarters and the majority of its potential clients. To follow up on my concerns, I visited the property on Nov. 30 and conducted a simple internet search regarding it.

    This superficial investigation has turned up several interesting leads which may merit further investigation. One amusing detail is that the property was once owned by The Walters Group, a name associated with a recent real estate scandal in Las Vegas.


The Donald W. Reynolds mansion. It is bigger than it looks: Those are street-size lampposts.
12/1/06: Teen arson suspects signed confessions: Attorney says he'll fight use in court (RJ/lkb)

    Five Palo Verde High School students charged in four separate incidents of arson will have to overcome the weight of their own signed confessions if their cases go to trial.

    Prosecutor Michael O'Callaghan revealed that evidence against the youths during a hearing Thursday in Clark County Juvenile Court.

    At the same hearing, defense attorneys appearing before Hearing Master Stephen Compan denied all the charges against their clients.

12/1/06: 2 million people in Clark County projected in 2007: NLV Southern Nevada's fastest-growing city (RJ/mk)

    Clark County's population is on pace to surpass 2 million by mid-2007, according to estimates presented Thursday to the Southern Nevada Regional Planning Coalition.

    The 2006 Consensus Population Estimates state that the county's five cities and the unincorporated areas surrounding them added 96,954 people in the 12-month period that ended in July, raising Clark County's estimated population to 1.91 million people.

    That 8,000-person per month growth rate is expected to continue in coming years, according to another report presented to the agency on Thursday.

Comments from the Webmaster
How can anybody really predict growth? The best you can do is take current growth rates and project them in a straight line into the future. In all things economic, that's not the way things usually turn out.

This is like buying a stock because it is "rising." Past explosive growth is no guarantee of future explosive growth. Mainly out of spite, we're looking for an end of growth in 2007. See THE CRASH IS NEAR.

12/1/06: Trio sentenced for starving children: Grandmother, mother, stepfather imprisoned (AP)

    CARSON CITY -- After dramatic statements from two children, their mother, stepfather and grandmother were sentenced to maximum prison terms Wednesday for locking them up and starving them for several years.

    Carson City District Judge Bill Maddox imposed a 70-year sentence on Esther Rios, 56, a 55-year term on Reginia Rios, 33, and a 35-year sentence on Tomas Granados, 33.

12/1/06: Wednesday's Child Christmas Call-In (KLAS)

    Channel 8's Wednesday's Child Christmas program is well underway for the season. A sign of long-term planning for this giving program is that hundreds of bicycles have already been bought, assembled, collected, and delivered to a warehouse for distribution to all the foster kids in the county who months ago, put that at the top of their wish list.

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