28.9.11

Topeka, KS – City Plans to “Decriminalize” Domestic Violence and Repeal the City Ordinance Making Domestic Battery a Crime!

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Domestic battery ordinance repeal to be taken up

http://cjonline.com/news/local/2011-09-27/domestic-battery-ordinance-repeal-be-taken Back | Next

Interim city manager Dan Stanley spoke Tuesday evening at a work session where the Topeka City Council discussed how to react to District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in Topeka, including domestic batteries.  TIM HRENCHIR/THE CAPITAL-JOURNAL

TIM HRENCHIR/THE CAPITAL-JOURNAL

Interim city manager Dan Stanley spoke Tuesday evening at a work session where the Topeka City Council discussed how to react to District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in Topeka, including domestic batteries.

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By Tim Hrenchir

THE CAPITAL-JOURNAL

Interim city manager Dan Stanley hoped to see Topeka's governing body reach a consensus Tuesday on how to deal with Shawnee County District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in the capital city, including domestic battery.

That didn't happen, Stanley said after a work session Tuesday evening focusing on that topic.

Stanley said he will continue the discussion next week, when he will arrange for the governing body to hear the first reading of a proposed ordinance that would repeal the part of city ordinance making domestic battery a crime.

Such a move would force the district attorney to handle the prosecution of those who commit domestic battery in Topeka, according to the city attorney's office.

Council members John Alcala, Sylvia Ortiz, Chad Manspeaker, Bob Archer and Andrew Gray each indicated at the work session they could support repealing the domestic battery ordinance.

"If the D.A. thinks that we don't want to play hardball, I say we all suit up and play hardball," Manspeaker said.

Alcala said, however, that he also could support entering into a one-time arrangement for 2012 through which the city, the county commission and the district attorney enter into a "friendly compromise" to share prosecution costs.

Stanley said after Tuesday's session that he saw no clear direction from a majority of the governing body on what to do and would continue the discussion when the governing body next week hears the first reading of the proposal to repeal the domestic battery ordinance.

Governing body members generally act on proposed ordinances one week after they are heard for first reading.

Taylor announced Sept. 8 that he would no longer prosecute  misdemeanors committed in Topeka, including domestic battery, saying his action required the city attorney's office to prosecute the cases his office would no longer handle, an obligation Stanley said the city isn't prepared to execute.

Stanley told governing body members last week the city's options included:

■ Seeking some period of transition while the city develops a program for prosecuting and providing services related to domestic battery cases.

■ Seeking to negotiate an agreement through which the city would pay some costs to help finance the district attorney's prosecution of misdemeanors.

■ Trying to force the district attorney to prosecute.

Stanley said the proposal on next week's agenda for first reading would  pursue the latter strategy by seeking to repeal the ordinance banning domestic battery the council adopted as part of the uniform public offense code developed by the League of Kansas Municipalities.

Chief city prosecutor Craig Spomer said the city may repeal the section regarding domestic battery while leaving the rest of the code in place.

Spomer said Topeka police officers filing reports on cases regarding domestic battery have written them up "since the beginning" under the state statute banning that crime instead of under the city ordinance.

He said the city "for a lot of years" hasn’t prosecuted domestic batteries, as the district attorney's office has handled those.

In response to a question from Councilwoman Denise Everhart, Spomer said the city's repeal of its domestic battery ordinance wouldn't necessarily mean Taylor would choose to prosecute the cases involved.

Everhart  asked Stanley about his statement  reported in The Topeka Capital-Journal last week that if he had to pick from among the city's options, he would arrange for it to assume prosecution of the domestic battery cases.

Stanley replied that he would choose that option "in a perfect world that I could construct with infinite money, the perfect court and perfect support system," though that isn’t what the city faces.

Stanley also told the governing body he had had discussions with county officials and senses "there is a willingness to negotiate something that is fair to all."

Tim Hrenchir can be reached

at (785) 295-1184

or tim.hrenchir@cjonline.com.

Manspeaker?

By dragooncreek | 09/27/11 - 09:45 pm

"If the D.A. thinks that we don't want to play hardball, I say we all suit up and play hardball," Manspeaker said.

Who votes for these clowns?

This is not a game. The County Commission votes to cut the DA's budget by 10% in a department that is 95% wages. That means that people are let go and that means jobs don't get done. Because all the DA does is prosecute crimes that means that some crimes don't get prosecuted by the DA. So then it makes sense that if DA is not going to prosecute some cases the DA should start cutting the cases that the city can prosecute. What is the alternative? The DA prosecutes the misdemeanor cases and lets Stanley take on the murders, rapes, home invasions, and pedophiles? Sure. That's a great idea.

But now the City Commission wants Topeka to be the only city in Kansas that decriminalizes beating the ********** out of your wife? That will certainly draw in the good jobs.

This whole thing is stupid. The new DA comes in and re-energizes the office. Clears a huge backlog left by the last DA and greatly increases the number of cases that are charged and prosecuted in the county. The county leaders, led by Miller and an overwhelming fear of doing their jobs, arbitrarily picks a number and cuts the department budgets across the board. Then they pretend to be mystified that these cuts have consequences. The city, which has known about this problem since it started being discussed this Spring, then acts surprised that all of a sudden it has to enforce its ordinances. Finally we have some Transplant Stanley make a bunch of ignorant, half baked statements about laws he clearly knows nothing about before declaring that he would love to prosecute violations of the city ordinances - if only he could, but since he can't Topeka will just have to make beating your wife legal in Topeka (but not in Shawnee County).

I got an idea. We want crimes prosecuted, we want potholes filled, we want bangers arrested, we want shorter lines at the car registration office - we need to pay for it. And if we can't pay for it all then we either need to thoughtfully prioritize what services get fully funded or we need to kick in a little extra to cover the basics. We have clowns playing games and posturing instead of leading this community. It is time Topeka elected serious people to office who are prepared to do serious work.

Cut TANF Title IV-D programs which represent $4Billion of waste

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Click here to sign the petition------>>  http://www.change.org/petitions/cut-tanf-title-iv-d-programs-which-represent-4billion-of-waste?utm_medium=facebook&utm_source=share_petition&utm_term=autopublish

WHY THIS IS IMPORTANT

This letter is to request that you take action to cut spending on pork barrel spending on certain TANF Title IV-D programs which represent $4 billion untraceable dollars that no one keeps track of. These funds meant for needy children were diverted and wasted by the US Department of Health and Human Services (HHS) to non needs based programs available to all fathers engaged in the family court litigation industry---no matter how wealthy they are. These parents now ask Congress to take a stand to hold ACF’s defective leadership and the programs destroying families accountable by demanding the following budget cuts:

1. TANF Contingency Fund authorized under 403(b) Social Security Act for payment to States and other non-federal entities under Titles I, IV-D, X, XI, and XIV “to remain available until expended.” (p. 474)

2. ID Code 75-1552-0-1-609, lines 0005 and 0009 [$990 million] (p. 473)

3. ID Code 75-1501-0-1-609 lines 0002, 0003 [Access and Visitation] [$1.7 billion] (p. 474)

4. Discretionary “Child Support Incentives” to States [$305 million] (p. 475)

5. ID Code 75–1512–0–1–506 “Healthy Families” [$1.7 billion] (p.476)

6. ID Code 75–1512–0–1–506 “Abstinence Education” [$1.7 billion] (p. 477)

7. Line 0129 “Faith Based Initiatives” [$1 million] (p.479)

Struggling parents want things like jobs, housing, education, childcare, and access to medical care to help them weather the current economic crisis. Instead, these hard working families are forced to invest $4 Billion in irresponsible, extortion based, Temporary Aid to Needy Families (TANF) programs that promote widespread Medicaid and child support fraud, protracted high conflict litigation, and bogus therapy programs.

Child support agencies deliberately withhold and mismanage billions of paid collected support, which starves children onto TANF and causes parents to be falsely prosecuted for nonpayment.

Good parents are being exploited, bankrupted, and emotionally destroyed while their kids are needlessly placed on the welfare, Medicaid, and foster care system rolls. Billions of dollars of child support remains unaccounted for nationwide.

These frivolous programs spend without restraint and direct money to places HHS cannot identify (as noted by the OIG and GOA reports on the second page.) There is no oversight. DHHS’s position is that once the money goes to the states, they are not responsible for oversight. Fraud is rampant, yet the OIG does nothing to enforce the laws to protect families.

90% of the parents paying child support are fathers. Using child support enforcement programs as a vehicle, these extortion based programs force fathers to elect between criminal penalties and inciting “high conflict” family court litigation to create a “need” for their own publicly funded services. These irresponsible programs cash in on the “incentives” by placing children in unstable homes, and then starve the entire family onto some sort of public assistance. We can identify no legitimate purpose for these programs and request that Congress take the following actions:

(1) Revoke or reduce funding to Administration for Children and Families (ACF) child support incentives, Access and Visitation (AV) programs, and gender based funding to child support agencies.

(2) End collateral child support/custody funding mandates.

(3) Overhaul Office on Child Support Enforcement (OCSE) on the federal level to remove staff with conflicts of interest and bias.

(4) Audit OCSE to find out where our tax dollars are actually going, and then implement rigorous transparency, oversight, and accountability measures on programs.

The [unlawful] programs are supposed to be ADMINISTRATIVE, but they used quasi judicial power to create, amend, and enforce court orders without judicial authorization. The agency does not provide due process, nor do they have to show you their files. Judges have to look the other way because if they object, they will lose their HHS funding, and at the same time the judge has to accept responsibility for the agency’s badly managed and even crooked interference when litigants are hurt.

On the author's family court case, the bills were inflated and no one would let me have receipts for services, without telling me or the judge, support orders were modified, documents falsified, and support enforcement would not let me see their files. Like hundreds of families I am aware of, this money was used to force my family into needless litigation which cost me tens of thousands of dollars.

In 2011, we ask why the Obama Administration inexcusably ignored the pleas of desperate hard working parents and doubled the budget for these pork barrel projects, starving them out of their home. It’s time to get serious about deficit reduction, and require the president to exercise fiscal restraint on programs which would target and extort families under the most trying circumstances.

SUPPORTING DOCUMENTATION: WHERE DOES CHILD SUPPORT GO?

Recovery Act: Thousands of Recovery Act Contract and Grant Recipients Owe Hundreds of Millions in Federal Taxes
http://www.gao.gov/products/GAO-11-686T

This Government Accountability Office report recently came out which shows that these HHS grant recipients owe us struggling tax paying families hundreds of BILLIONS in taxes.

OIG STATE AUDIT REPORTS ON UNDISBURSIBLE ARREARS
The more federal dollars were receive the less States collected in support. States refuse to distribute child support to "families first," and are instead keeping the money for themselves-without accounting for it.

These reports can be found here:
http://oig.hhs.gov/reports-and-publications/oas/acf.asp

The Office of the Inspector General found HUNDREDS OF MILLIONS of dollars in undisbursed child support which was never accounted for when it audited the child support services programs from only a hand full of counties in approximately 30 states. There are only incentives to COLLECT support and put families on TANF, and NONE to actually disburse it to the children it is intended to benefit. When undistributed arrears were discovered, the OIG ordered the States to give 66% to the federal OCSE office, and allowed the State to keep the remaining 34% for themselves. And so the states deliberately don't tell parents they collected the money, then create "set up to fail" disbursement methods to retain the funds for the general fund:

• send checks to the wrong address,
• illegal liens on accounts
• create massive arrears, give dad the tax benefit, then garnish the tax benefit,
• put child support it in trust accounts during litigation-that lasts more than 3 years,
• retroactively abate arrears, then keep it for themselves without telling either parent.

When the OIG identified the embezzled funds, they did not help them find the children it was intended to benefit, the OIG instructed States to properly report…So the feds could have their 66%. This policy entirely lacks accountability or consequences for this fraud. Subsequent reports demonstrated that the problem has continued to worsen, and there are [still] no protocols and procedures in place to define, identify, and track these monies.

Healthy Marriage And Responsible Fatherhood Initiative: Further Progress Is Needed in Developing a Risk-Based Monitoring Approach to Help HHS Improve Program Oversight:
www.gao.gov/new.items/d081002.pdf

$500 Million Unconditionally Given To Activists: Operating under a deadline that allowed HHS 7 months to award grants, HHS shortened its existing process to award Healthy Marriage and Responsible Fatherhood grants to public and private organizations. During this process, HHS did not fully examine grantees’ programs as described in their applications, including the activities they planned to offer, and this created challenges and setbacks for grantees later as they implemented their programs. –P. 2

•Failure to Implement Uniform Standards, Policies, and Procedures: HHS uses methods that include site visits and progress reports to monitor grantees, but it lacks mechanisms to identify and target grantees that are not in compliance with grant requirements or are not meeting performance goals, and it also lacks clear and consistent guidance for performing site monitoring visits. –P.2

Embezzlement and Fraud Was Likely Vastly Under Estimated: Moreover, we did not survey organizations that received money from grant recipients to provide direct services, subawardees. Since making the initial awards, 4 organizations have relinquished their grants, 1 organization had its grant terminated, and 1 new grant was awarded. There are 6 organizations currently pending non-continuation of award funds.

GAO REPORT: Child Support Enforcement: Better Data and More Information on Undistributed Collections Are Needed
http://www.gao.gov/products/GAO-04-377

Medicare and Medicaid Fraud, Waste, and Abuse: Effective Implementation of Recent Laws and Agency Actions Could Help Reduce Improper Payments
http://www.gao.gov/products/GAO-11-409T

Child Support Enforcement: Departures from Long-term Trends in Sources of Collections and Caseloads Reflect Recent Economic Conditions
http://www.gao.gov/products/GAO-11-196
In fiscal year 2009, the child support enforcement (CSE) program collected about $26 billion in child support payments from noncustodial parents on behalf of more than 17 million children. The CSE program is run by states and overseen by the Department of Health and Human Services (HHS). States receive federal performance incentive payments and a federal match on both state CSE funds…The Deficit Reduction Act of 2005 (DRA) eliminated this incentive match beginning in 2008, but the American Recovery and Reinvestment Act of 2009 temporarily reinstated it for 2 years….

In fiscal year 2009, the CSE program experienced several departures from past trends. For one, child support collections failed to increase nationwide for the first time in the history of the program in fiscal year 2009… Also in fiscal year 2009, the number of CSE cases currently receiving public assistance increased …Preliminary HHS data show that total CSE expenditures grew by 2.6 percent in fiscal year 2008 as many states increased their own funding to maintain CSE operations when the federal incentive match was eliminated…In contrast to fiscal year 2008, a different picture emerged in fiscal year 2009, when the incentive match was temporarily restored but total CSE expenditures fell slightly by 1.8 percent, which HHS officials told GAO was due to state budget constraints. Most states nationwide have not implemented "family first" policy options…because giving more child support collections to families means states retain less as reimbursement for public assistance costs.

Administrative Expenditures and Federal Matching Rates of Selected Support Programs
http://www.gao.gov/products/GAO-05-839R

Sincerely,

Change.org Petitioner

sign here ---> http://www.change.org/petitions/cut-tanf-title-iv-d-programs-which-represent-4billion-of-waste?utm_medium=facebook&utm_source=share_petition&utm_term=autopublish

Girl, 5, On 911 Call: 'My Daddy Shot My Mommy' Child In DCF Custody After Double Murder-Suicide

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Amplify’d from www.local10.com
MIAMI -- A judge is now deciding where a 5-year-old girl should go after witnessing the killings of her mother and her grandmother in their Sunrise home Sunday, as police release the emergency calls for help from the shootings.

Police believe Marcus Trotman fatally shot his wife, Danielle, 30, and her mother, Linda Scudera, 56, on Sunday at a home in the 4000 block of Del Rio Way before killing himself.


Listen:

UNCUT: Sunrise 911 Call

The 30-year-old woman's 5-year-old daughter, Angelique, witnessed the shootings, ran next door and called 911 with the help of a neighbor.

"It was a shoot and then my daddy shot my mommy and then he shoot my grandma, and now my daddy's dead. My grandma's dead," the child told a 911 dispatcher.

"Is she injured in any way?" the dispatcher asked the neighbor.

"No. I am just praying to God that she was watching TV and it's not true," the neighbor said.

"Where did he shoot Mommy?" the dispatcher asked the child.

"On the ear," the girl said.

"On her ear? And where is she now?" the neighbor asked the child.

"She was shot on the ear?" the dispatcher asked.

"Yes. My grandma's dead and my daddy's dead," the girl said. "Please."

"I'm trying to find mommy's number," the neighbor said.

"I told you they're dead," the girl said.

In court Tuesday, Angelique was the focus of a hearing. A man at the hearing claimed he is her biological father and agreed to a DNA test.

Meanwhile, she will be taken from a family friend and placed in a foster home until the Department of Children and Families can determine the best place for her to stay permanently.


Watch:

Little Girl Cries For Help After Murder-Suicide

The man whose gun sources said was used by Trotman, local celebrity Lazaro Mendez, also known as D.J. Laz from Power 96, issued a statement via a publicist Tuesday. The statement said:

"Lazaro Mendez is deeply shocked and saddened by the events that transpired over the weekend. We ask that the media respect Lazaro Mendez and his family's privacy during this time. He will take the next few days to grieve and will at all times be helpful to police investigators. His condolences go out to all of the victims of this tragedy and their families. Thank you for your support and concern during this difficult time."



Sources told Local 10
that Trotman had been staying with Mendez while separated from his wife.

Local 10 has learned that Mendez reported the gun stolen after hearing what happened and realizing the weapon was missing. Mendez told investigators he does not know how Trotman got the gun out of its case.
Read more at www.local10.com
 

Woman found murdered inside family home

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"There was nothing that I noticed that would lead me to believe there was forced entry. I saw no broken windows nothing that as involving any doors being pried open, kicked open, forced open, something of that nature," said Guest.

Amplify’d from www.wlbt.com








RANKIN COUNTY, MS (WLBT) -

A woman was found murdered inside her Rankin county home Tuesday, launching an investigation joined by state and county authorities.


Law enforcement is tight lipped about the details but does confirm they are in the middle of a homicide investigation.


Rankin County authorities

Crime
RANKIN COUNTY, MS (WLBT) -

A woman was found murdered inside her Rankin county home Tuesday, launching an investigation joined by state and county authorities.


Law enforcement is tight lipped about the details but does confirm they are in the middle of a homicide investigation.


Rankin County authorities, the Mississippi Bureau of Investigations and the Mississippi Crime Lab spent most of the day combing for evidence in a homicide investigation at 1436 Star Road.


Sheriff Ronnie Pennington would not release the identity of the deceased white female found around noon inside the gray mobile home.


But investigators did indicate her body was discovered near the doorway.


"Her father called or a family member called 911 to report that his daughter was injured. There's no suspect in custody, but we're following up several leads. Again every investigator we have in the sheriff's office is out working on this case right now," said Rankin County Undersheriff Bryan Bailey.


WLBT has been told that the victim is 36 year old Leslie Olivia Sheppard Doame.


Her father, Johnny Sheppard, reportedly found her body inside his home suffering from a gunshot wound.


Authorities would not confirm any of this information.


Sheppard's Facebook page stated that she worked at AAA Cooper Transportation in Richland as an operations clerk.


We are told she worked nights and slept during the day and could have been the victim of a robbery.


Rankin County District Attorney Michael Guest said he was called to the crime scene by the sheriff. 


"There was nothing that I noticed that would lead me to believe there was forced entry. I saw no broken windows nothing that as involving any doors being pried open, kicked open, forced open, something of that nature," said Guest.


According to the Facebook page, Sheppard moved back home 10 years ago, had been married twice and had no children.


"I saw a lot of cars here about noon time today," said neighbor Frank Scott.


The 90 year old lives about a half mile away but did not know Sheppard or her family.


He stopped to find out why so many law enforcement vehicles were parked at the home.


"It's a very safe area, and I've never heard of any robberies or anything of that nature here," said Scott.


Family and friends gathered at the home throughout the day consoling one another but made no comment about the murder investigation.


Copyright 2011 WLBT. All rights reserved.

Mississippi Crime Lab spent most

the Mississippi Bureau of Investigations and the Mississippi Crime Lab spent most of the day combing for evidence in a homicide investigation at 1436 Star Road.


Sheriff Ronnie Pennington would not release the identity of the deceased white female found around noon inside the gray mobile home.


But investigators did indicate her body was discovered near the doorway.


"Her father called or a family member called 911 to report that his daughter was injured. There's no suspect in custody, but we're following up several leads. Again every investigator we have in the sheriff's office is out working on this case right now," said Rankin County Undersheriff Bryan Bailey.


WLBT has been told that the victim is 36 year old Leslie Olivia Sheppard Doame.


Her father, Johnny Sheppard, reportedly found her body inside his home suffering from a gunshot wound.


Authorities would not confirm any of this information.


Sheppard's Facebook page stated that she worked at AAA Cooper Transportation in Richland as an operations clerk.


We are told she worked nights and slept during the day and could have been the victim of a robbery.


Rankin County District Attorney Michael Guest said he was called to the crime scene by the sheriff. 

ccording to the Facebook page, Sheppard moved back home 10 years ago, had been married twice and had no children.


"I saw a lot of cars here about noon time today," said neighbor Frank Scott.


The 90 year old lives about a half mile away but did not know Sheppard or her family.


He stopped to find out why so many law enforcement vehicles were parked at the home.


"It's a very safe area, and I've never heard of any robberies or anything of that nature here," said Scott.


Family and friends gathered at the home throughout the day consoling one another but made no comment about the murder investigation.

Read more at www.wlbt.com
 

Susan Powell’s children: temporary custody granted to her parents

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Tuesday, Susan Powell’s parents were granted temporary custody of her two children; another hearing is scheduled for Wednesday. Susan Powell is the missing Utah mom who disappeared almost two years ago in Salt Lake City; Josh Powell, Susan’s husband is the only person named a person of interest in her disappearance.



Continue reading on Examiner.com Susan Powell’s children: temporary custody granted to her parents - Salt Lake City Headlines | Examiner.com http://www.examiner.com/headlines-in-salt-lake-city/susan-powell-s-children-temporary-custody-granted-to-her-parents#ixzz1ZFgtwkeK

Amplify’d from www.examiner.com

Chuck and Judy Cox are in Washington State today after Josh Powell’s father was arrested six days ago on voyeurism child pornography charges, and have filed for custody of the children.  The two children have been in foster care for six days.  Tuesday afternoon, ABC 4 reported that Josh Powell is also being investigated on voyeurism and child pornography charges.  A court hearing was already scheduled for Wednesday, but with this latest news about Josh Powell, a Washington State judge granted temporary custody of Josh and Susan Powell’s children to Chuck and Judy Cox.

Josh Powell has had custody of their two children and moved to Washington State shortly after Susan’s disappearance to live with his father, Steven Powell. 

Susan Powell
See more at www.examiner.com
 

Topeka, KS - Domestic Violence Case's Still Not being Prosecuted

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This is beyond insane and illegal. See 9-22-2011: Claudine Dombrowski on Intimate Partner Violence and Barry Goldstein protecting Battered Women in the Courtrooms on Zeus Radio

http://archives.zeusradio.com/here-women-talk/susan-murphy-milano-times-up/9-22-2011-smm/



Interim city manager Dan Stanley hoped to see Topeka's governing body reach a consensus Tuesday on how to deal with Shawnee County District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in the capital city, including domestic battery.



That didn't happen, Stanley said after a work session Tuesday evening focusing on that topic.

Amplify’d from cjonline.com
Interim city manager Dan Stanley spoke Tuesday evening at a work session where the Topeka City Council discussed how to react to District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in Topeka, including domestic batteries.  TIM HRENCHIR/THE CAPITAL-JOURNAL

Stanley said he will continue the discussion next week, when he will arrange for the governing body to hear the first reading of a proposed ordinance that would repeal the part of city ordinance making domestic battery a crime.

Such a move would force the district attorney to handle the prosecution of those who commit domestic battery in Topeka, according to the city attorney's office.

Council members John Alcala, Sylvia Ortiz, Chad Manspeaker, Bob Archer and Andrew Gray each indicated at the work session they could support repealing the domestic battery ordinance.

"If the D.A. thinks that we don't want to play hardball, I say we all suit up and play hardball," Manspeaker said.

Alcala said, however, that he also could support entering into a one-time arrangement for 2012 through which the city, the county commission and the district attorney enter into a "friendly compromise" to share prosecution costs.

Stanley said after Tuesday's session that he saw no clear direction from a majority of the governing body on what to do and would continue the discussion when the governing body next week hears the first reading of the proposal to repeal the domestic battery ordinance.

Governing body members generally act on proposed ordinances one week after they are heard for first reading.

Taylor announced Sept. 8 that he would no longer prosecute  misdemeanors committed in Topeka, including domestic battery, saying his action required the city attorney's office to prosecute the cases his office would no longer handle, an obligation Stanley said the city isn't prepared to execute.

Stanley told governing body members last week the city's options included:

■ Seeking to negotiate an agreement through which the city would pay some costs to help finance the district attorney's prosecution of misdemeanors.

■ Seeking some period of transition while the city develops a program for prosecuting and providing services related to domestic battery cases.

■ Trying to force the district attorney to prosecute.

Stanley said the proposal on next week's agenda for first reading would  pursue the latter strategy by seeking to repeal the ordinance banning domestic battery the council adopted as part of the uniform public offense code developed by the League of Kansas Municipalities.

Chief city prosecutor Craig Spomer said the city may repeal the section regarding domestic battery while leaving the rest of the code in place.

Spomer said Topeka police officers filing reports on cases regarding domestic battery have written them up "since the beginning" under the state statute banning that crime instead of under the city ordinance.

He said the city "for a lot of years" hasn’t prosecuted domestic batteries, as the district attorney's office has handled those.

In response to a question from Councilwoman Denise Everhart, Spomer said the city's repeal of its domestic battery ordinance wouldn't necessarily mean Taylor would choose to prosecute the cases involved.

Everhart  asked Stanley about his statement  reported in The Topeka Capital-Journal last week that if he had to pick from among the city's options, he would arrange for it to assume prosecution of the domestic battery cases.

Stanley replied that he would choose that option "in a perfect world that I could construct with infinite money, the perfect court and perfect support system," though that isn’t what the city faces.

Stanley also told the governing body he had had discussions with county officials and senses "there is a willingness to negotiate something that is fair to all."

Read more at cjonline.com
 

26.9.11

Teen girl and man, 26, die in apparent Inglewood murder-suicide

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Amplify’d from latimesblogs.latimes.com

Teen girl and man, 26, die in apparent Inglewood murder-suicide

Map shows location of Wednesday's shooting in purple, as well as 82 other homicides (in red) since January 2007. Click here to learn more on the Times' interactive Homicide Report.A 17-year-old girl was killed in an apparent murder-suicide inside an Inglewood optometry center, authorities said Thursday.

The apparent shooter, 26-year-old Christopher James McLeish, was found dead from what appeared to be a self-inflicted gunshot wound in a bathroom at the location.

Read more at latimesblogs.latimes.com
 

Oakdale deaths are double murder, suicide

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The couple's children will live with memory of bloody scene all their lives, a trauma expert says.

Amplify’d from www.startribune.com

The shooting scene at the blue split-level house, which involved two parents and a babysitter, left other victims as well. A 6-year-old girl returning home from school Thursday found the bodies and ran screaming into the street with blood on her hands. She and her two brothers, ages 3 and 8, were left orphaned.

"When I heard the child found the bodies it really did break my heart," said Washington County Attorney Pete Orput, who expects the county might be asked to help with foster care. "I don't know what it would be like walking in to see your mom and dad dead. That's something that child will never get out of her head, ever."

The dead were identified as Cintia Guadalupe Ornelas Bustos, 28; Jaime Anival Almaras Velasquez, 32, and babysitter Angela Uscanga Gonzalez, 43.

Police declined to say who was responsible for the shooting because the investigation is not complete. But the medical examiner's office has determined that Velasquez committed suicide, said officer Michelle Stark.

A handgun and spent ammunition were found inside the house on the 7000 block of 13th Street.

Stark said that "the crime appears to have been entirely contained inside the residence" and that police weren't looking for additional suspects "at this time."

It was Oakdale's first homicide since 2007, when 17-year-old Nicole Beecroft stabbed her newborn baby to death. She is serving life in prison. The only other homicide there in the past 25 years was in 1986 when Gloria Oursland, 49, was found beaten to death.

Oscar Amparan, a pastor who counseled the Oakdale couple, said Thursday that Velasquez was "a little violent" and had previous problems with alcohol.

Bustos and Velasquez had three children together but the legal status of their relationship hasn't been confirmed, Stark said.

The youngest boy reportedly was inside the house when the shootings occurred, while the older boy was outside when his sister discovered the bodies. Police responded at 4:12 p.m.

Brady Hartman, a teenager who lives about four houses away, said he was outside when he saw the girl run out of the house sobbing and screaming, "Mommy, daddy dead! Mommy, daddy dead." His mother, Julie Hartman, tried to console the little girl.

"She is going to have a lot of trauma," Julie Hartman said. "She went in there. She had blood on her hands."

As police took the three children away, the 3-year-old boy could be heard saying over and over, "momma dead, momma dead," Hartman said. "He was in there alone."

The violence shook the congregation at Iglesia Apostolica De La Fe En Cristo Jesus in Minneapolis, which Bustos and Gonzalez attended for seven years. The church at 1534 E. 24th St. is small -- just 21 pews in all. Maps of Guatemala and Mexico grace the back walls.

The children currently are staying with relatives.

Read more at www.startribune.com
 

Another "Perfect Family'' Slaughtered by Father

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Rocky Nelson, a friend, said the Teagarden father was "a nice guy. He didn't party. He worked. He was really into his family, so it was a big shock to me when I heard about this."

Nelson added, "To me, they was like the perfect little family."

Amplify’d from www.wtae.com





ORGAN TOWNSHIP, Pa. -- A husband, wife and two children that a friend described as "the perfect little family" were found shot to death at their rural home in Morgan Township, Greene County.


A news conference is scheduled for 2 p.m. Stay with WTAE.com for updates.

State police at the Waynesburg station said troopers were sent to the Teagarden residence on Chartiers Road just after 10 p.m. Sunday to check on the welfare of the family.

Police say upon arrival, they discovered the husband, wife and two children all dead.

It was not immediately known what caused police to check on the family.

Police said their investigation is being handled as a murder/suicide and autopsies were scheduled for later in the day.
Rocky Nelson, a friend, said the Teagarden father was "a nice guy. He didn't party. He worked. He was really into his family, so it was a big shock to me when I heard about this."

Nelson added, "To me, they was like the perfect little family."

"He never mentioned any problems of any kind," said neighbor Don Bates, who, like Nelson, said the Teagardens seemed to be "a very happy family."

The devastating news spread quickly to Jefferson-Morgan Elementary School, where Superintendent Donna Furnier was moved to tears upon learning that a third-grade student was one of the victims.
Spark Conversation
Read more at www.wtae.com
 

WICHITA, Kansas - Police Arrest Man in Domestic Violence Homicide.

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Amplify’d from www.ksn.com
domestic violence homicide.
WICHITA, Kansas (KSN) -
ichita police have arrested a man in what's being called a domestic violence homicide.

Shortly before 11 a.m. police received a call about a woman who was not breathing. Officers went to the 800 block of South Beverly and found a woman in her 40s dead. Officers initially said her death appeared suspicious, but hadn't immediately called it a homicide.

After investigating, they now believe it was a case of domestic violence, and have arrested a man that had been dating the woman.  Her identity has not been released.
Read more at www.ksn.com
 

FATHER Steven Lynn Nicholson Convicted of Killing His Two Children

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The Father, now uses a website with the dead children on it to raise money for his appeal.



Steven Lynn Nicholson was convicted of killing his two children, Ella Stafford, 15 months, and Johnathon Sanderlin, 13 months, family members thought they would finally have closure.

Amplify’d from www.thenewsherald.com
Nicholson, 28, was sentenced to life without parole and given an additional 40 years for other charges relating to the Oct. 19, 2010, deaths of the children at his apartment.

Nicholson filed an appeal last month, and members of his family have begun attempting to raise money for his defense attorney and other legal fees.

Ella Stafford’s side of the family doesn’t believe they are doing it fairly.

“He’s a convicted murderer,” said Windy Moritz, Ella’s maternal grandmother. “Now his family is using pictures of my granddaughter on a website to raise money to get him out of jail.

“I’m looking into ways to have that website taken down. It’s exploiting my granddaughter.”

The website is www.justiceforsteven.com.

The family also says Nicholson wasn’t the stressed-out father that he was portrayed to be during his trial.

“He didn’t have (full) custody of Ella,” Moritz said. “She lived full time with me until July, and then only sometimes stayed with him after that.”

She said that in addition to her help, Ella’s mother and two aunts also took turns caring for her. Continued...
Read more at www.thenewsherald.com
 

23.9.11

In Defense of Barbara Sheehan: When a Battered Woman Kills

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By Author Rosaura Torres



Barbara Sheehan knew her husband was going to kill her – not just some day, but that day. Throughout their 23-year marriage he had continually threatened to kill her, then her two children, and then to “go out in a blaze of glory.” And he had also regularly beaten, punched, slapped, kicked, tackled, pinched, spat on and thrown things at her, including a full pot of simmering pasta sauce. Over those years she’d suffered broken bones, black eyes, a broken nose and uncounted other bloody injuries.

Amplify’d from www.facebook.com

But that day in February the beatings would finally end. That morning when her husband, retired NYPD Sgt. Raymond Sheehan, pointed the gun at her face and said, “I will fucking kill you,” for the first time in her life Barbara too held a gun. And moments later Raymond Sheehan lay dead on the blood-soaked bathroom floor of their Howard Beach home.

Today, 2½ years later, Barbara Sheehan is on trial in the Queens criminal courthouse, charged with second degree murder in her husband’s death. And the issue of police domestic violence – law enforcement officers’ battering of their intimate partners – breaks out of the silence and into the national consciousness.

Purple Berets’ Tanya Brannan is in that courtroom, covering the trial as a part of our national focus “When the Batterer Is a Cop.” For the next two weeks we will be your eyes and ears in the courtroom in the most important domestic violence trial of the day.

For our reports on this critically important case, go to www.purpleberets.org.
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Topeka Kansas: Failure to Protect Violates Statutes

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The hour heated up in the Zeus Radio Studio starting with a discussion about the city of Topeka , KS decision to stop prosecuting domestic violence cases with my suggestion that the District Attorney obtain permits and go into the cemetery business. The city of Topeka is throwing victims' lives to the wolves disguised in sheep's clothing, more commonly known as the violent offenders.



Topeka Domestic Abuse Survivor Trembling Over DA's Decision to Pass Down Misdemeanors http://www.youtube.com/watch?v=TWYlgYCnzhE



Below is the show I urge everyone to listen. Can a class action suit be filed in the State of Kansas for failure per the current statutes? It is worth investigating? In the coming months we will gather a team of legal experts to visit and review at the Federal level and the State of Kansas's "failure to protect."


The city is hiding behind the budget because frankly Kansas does not see intimate partner violence a crime.





The Shawnee County press release: September 15, 2011





FOR IMMEDIATE RELEASE


Contact: Dakota Loomis • 785.438.9449 begin_of_the_skype_highlighting            785.438.9449      end_of_the_skype_highlighting




Shawnee County DA’s Office and City of Topeka Working to Resolve Misdemeanor Case Filings



Released in Cooperation with David Bevens  · City of Topeka · City Communications Manager · 785.368.1642 begin_of_the_skype_highlighting            785.368.1642      end_of_the_skype_highlighting


Shawnee County District Attorney Chad Taylor and Interim City Manager Dan Stanley met today to discuss the prosecution of misdemeanor cases occurring within Topeka city limits. The meeting centered on how best to preserve public safety given recent budget cuts sustained by the District Attorney’s Office. Both the District Attorney’s Office and the City of Topeka are hopeful that an amicable agreement will be reached shortly that will be in the best interest of all Topekans. Discussions will continue over the course of the next few days and will focus on crafting a mutually agreed upon resolution that will ensure the efficient prosecution of all city misdemeanors.




# # #


Translation if your dog bites someone you will be prosecuted. If you spouse or significant other threatens or causes significant bodily injury, you are out of luck!


According to the National Coalition against Domestic Violence, current data, there are 16,800 homicides (reported)attributed to intimate partner homicide per year and $2.2 million in medically treated injuries costing $37 billion per year!





Is Topeka Kansas in violation of their very own State Statues?





  • 22-2307 : Domestic violence calls; written policies to  be adopted by law enforcement agencies; contents. (a) All law enforcement agencies in this state shall adopt written policies regarding domestic violence calls as provided in subsection (b). These policies shall be made available to all officers of such agency.(b) Such written policies shall include, but not be limited to, the following:

    (1) A statement directing that the officers shall make an arrest when they have probable cause to believe that a crime is being committed or has been committed;

    (2) a statement defining domestic violence;

    (3) a statement describing the dispatchers' responsibilities;

    (4) a statement describing the responding officers' responsibilities and procedures to follow when responding to a domestic violence call and the suspect is at the scene;

    (5) a statement regarding procedures when the suspect has left the scene of the crime;

    (6) procedures for both misdemeanor and felony cases;

    (7) procedures for law enforcement officers to follow when handling domestic violence calls involving court orders, including protection from abuse orders, restraining orders and a protective order issued by a court of any state or Indian tribe;

    (8) a statement that the law enforcement agency shall provide the following information to victims, in writing:

    (A) Availability of emergency and medical telephone numbers, if needed;

    (B) the law enforcement agency's report number;

    (C) the address and telephone number of the prosecutor's office the victim should contact to obtain information about victims' rights pursuant to K.S.A. 74-7333  and 74-7335 and amendments thereto;

    (D) the name and address of the crime victims' compensation board and information about possible compensation benefits;

    (E) advise the victim that the details of the crime may be made public;

    (F) advise the victim of such victims' rights under K.S.A. 74-7333  and 74-7335 and amendments thereto; and

    (G) advise the victim of known available resources which may assist the victim; and

    (9) whether an arrest is made or not, a standard offense report shall be completed on all such incidents and sent to the Kansas bureau of investigation.

    History: L. 1991, ch. 93, § 1; L. 1996, ch. 208, § 3; July 1.






    Below is the show I urge everyone to listen. Can a class action suit be filed in the State of Kansas for failure per the current statutes? It is worth investigating? In the coming months we will gather a team of legal experts to visit and review at the Federal level and the State of Kansas's "failure to protect."





    Attorney and Author Barry Goldstein  and National  Advocate and Mothers Without Custody Expert Claudine Dombrowski 









Sep 22, 2011







Download Podcast - Susan Murphy Milano: TIME'S UP!! 9-22-2011  




Right mouse click and choose "save as" or "save link as" to download a podcast mp3 file to your computer.






A victims first scream is help;


A  victims second scream is justice





****
Read more at murphymilanojournal.blogspot.com
 

Susan Murphy Milano: TIME'S UP! Claudine Dombrowski on Intimate Partner Violence and Barry Goldstein protecting Battered Women in the Courtrooms

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DA Chad Taylor, Topeka Kansas Refusal to prosecute Domestic Violence Charges. They are releasing those arrested for battering. No Charges. How Do battered Mothers SURVIVE? A MUST HEAR SHOW!

Amplify’d from archives.zeusradio.com

 Claudine Dombrowski could very well be considered a “Wounded Warrior” in the fight against intimate partner violence.  Fighting her personal battle against her abuser for over 16 years … Read more. 

 Barry Goldstein has fought battles in the trenches and the courtrooms in an attempt to keep battered women from losing their treasure, their children. … read more 

Download Podcast - Susan Murphy Milano: TIME'S UP!! 9-22-2011

Right mouse click and choose "save as" or "save link as" to download a podcast mp3 file to your computer.
Susan Murphy Milano: TIME'S UP!
See more at archives.zeusradio.com
 

22.9.11

The Susan Murphy Milano Show- "Scared To Leave Afraid To Stay" 2:00 PM Eastern Time Live

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Go to www.herewomentalk.com and listen in live!



Claudine Dombrowski could very well be considered a “Wounded Warrior” in the fight against intimate partner violence. Fighting her personal battle against her abuser for over 16 years, she’s also taken her fight across the nation helping several other battered mothers who have lost custody of their beloved children to the very person who abused them.



In a recent development in her own backyard in Shawnee County, KS, District Attorney Chad Taylor decided to hand over misdemeanor cases, like Claudine Dombrowski’s, to the city, due to funding issues. Dombrowski knew the ones to pay the price for this decision would be those caught in the crosshairs of the abuser’s rage when released, and has taken her outrage to the media.http://imaginepublicity.com/2011/09/15/the-lights-went-out-in-topeka-for-victims-of-domestic-violence-claudine-dombrowski-speaks-out/

Barry Goldstein has fought battles in the trenches and the courtrooms in an attempt to keep battered women from losing their treasure, their children. He continues to work with agencies and educators and has joined his expertise with others in the battle against violence in the home. Goldstein is a nationally recognized domestic violence expert, speaker, writer and consultant. He is the co-editor with Mo Therese Hannah of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY. Barry can be reached by email at their web site www.Domesticviolenceabuseandchildcustody.com  

Through organizing globally, Claudine Dombrowski, and other battered mothers, have founded American/Australia Mothers Political Party  to bring attention and educate others. Through combining their online efforts across the globe, they are able to link together, not always physically, but by forming groups through the wonders of technology and carrying their message far and wide.

BARRY GOLDSTEIN, attorney, teacher, author and advocate for women abused by their partner (and too often the courts) has written a book for women seeking to leave their abusers and for their friends, family, supporters and advocates. SCARED TO LEAVE AFRAID TO STAY Paths From Family Violence to Safety tells the story of ten women as they left their abusers seeking a better life. The book shows in these abuse cases how courts handle legal issues  such as orders of protection, custody, visitation, support, marital property and criminal prosecutions. It tells about the resources available for women seeking to leave their abuser. Click the links to learn more about the book, author or to view frequently asked questions (FAQs) . The book is published byRobert D. Reed Publishers  and is available at book stores online and off.
Read more at murphymilanojournal.blogspot.com