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Sunday, August 26, 2007

 
LILLY IS NOW BACK IN BUSINESS IN CHARLESTON

Our old friend Lilly is back in business. She posted the following comment to the article at this link.
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Posted by lillycollette on August 26, 2007 at 7:52 a.m.

Cruelty to animals is barbarism and savagery. I just have to wonder why animals are being selectively protected while humans are being ignored in cases where the state turns a profit. If we intend to tout ourselves as a civilized society we shouldn’t tolerate it anywhere. See:

The Magic Fountain, L. Mendel Rivers, Jr, POST AND COURIER, June 27, 1992, at 15A.

. . . As cruel as it sounds, the one remedy (in child support collection) that almost always works is incarceration. We family court judges call it "the magic fountain." Of course, there is no magic. The money is paid by his mother, or by the second wife, or by some other innocent who perhaps had to liquidate her life's savings.

Quoted by RONALD K. HENRY, Family Law Quarterly Vol. 33 No. 1 1999

Cause of jailed man's death remains unclear

Published on 01/14/99 BY EDWARD C. FENNELL and RICHARD GREEN
The Post and Courier

Restricted blood flow to his neck contributed to the death of a 32-year-old man while in police custody Tuesday, authorities say. But exactly what killed Leon Walters, 32, of North Charleston after a reported scuffle with officers in a Family Court holding area is not yet known.

COUNTY'S CRIMINAL JUSTICE SYSTEM BLASTED
Published on 08/15/03 BY STEVE REEVES Of The Post and Courier Staff

450 Inmates Too Many
The Post and Courier, October 19, 2003, Sunday, staff reporter, Tony Bartelme

‘We’re up on each other like flies’

Acquaintance arrested in quadriplegic man's homicide The Post and Courier,

Thursday, August 31, 2006, BY NITA BIRMINGHAM AND NADINE PARKS

A medical assistant working at the Charleston County Detention Center who befriended a wheelchair-bound man while he was in jail this summer was arrested Wednesday in the killing of the man in his home, police said. Smith and Johnson became acquainted while Johnson was detained from May to early August at the jail on a charge of failure to pay child support, said Charleston Police Sgt. Michael

Wednesday, August 15, 2007

 
PASSPORT RULE HELPS COLLECT CHILD SUPPORT

The New York Times reports:

The new passport requirements that have complicated life this summer for thousands of travelers have also uncovered untold numbers of child support scofflaws and forced them to pay millions. The State Department denies passports to noncustodial parents who owe more than $2,500 in child support. Once the parents make good on their debts, they can reapply for passports. Now that millions more people need passports to fly back from Mexico, Canada, the Caribbean and South America, collections under the Passport Denial Program are on pace to about double this year, federal officials said (emphasis added).

Gee, this makes us wonder why all states do not enforce other laws that would lead to the collection of more child support such as the "new hire" reporting law.

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Tuesday, August 14, 2007

 
SOUTH GEORGIA CLERK & SHERIFF PLEAD GUILTY TO CHARGES

The Daily Report reports:

ONE MONTH AFTER FBI agents raided the chambers of the Alapaha Judicial Circuit’s chief judge in South Georgia, a court clerk in the circuit has pleaded guilty to felony mail fraud and quit his job. Also on Friday, Berrien County Sheriff Gerald W. “Jerry” Brogdon pleaded guilty to the illegal sale of firearms.

The court clerk, Daniel V. Leccese Sr. entered a guilty plea on one count of felony mail fraud in the U.S. District Court for the Middle District of Georgia on Friday. Leccese was released on his own recognizance and faces up to two years in prison and a fine of up to $250,000.

On Monday, Leccese resigned as clerk of the Clinch County superior and state courts, said Clinch County Commission Vice Chairman Barry Hart.

Leccese was one of several Clinch County employees who had been paid, at the direction of Alapaha Chief Judge Brooks E. Blitch III, more than $60,000 without the county commission’s knowledge, Hart said. Leccese was also involved in setting up a secret bank account used to hold money collected by the imposition of fees on criminal defendants throughout the Alapaha Judicial Circuit.

Money from the secret bank account was used to pay county employees and to purchase a computer—all at the behest of Blitch and without knowledge of the county commission, Hart said. The Clinch County Commission became aware of the secret bank account in January.

Leccese’s attorney, Howard B. Slocumb of Homerville, declined to comment.

Blitch is not named in court filings in Leccese’s case. The filings refer to six co-conspirators who participated with Leccese in collecting the illegal fees. One court document refers to a Sept. 13, 2001, judicial order issued by “[co-conspirator] #1, a person whose identity is known to the U.S. Attorney,” to impose a $10 fee on criminal defendants. Hart, the Clinch County commissioner, last month told the Daily Report that Blitch issued the Sept. 13, 2001, judicial order, based on his review of judicial orders in the Clinch County courthouse.

Blitch and his attorney, Willis, Ferebee & Hutton partner Robert S. Willis of Jacksonville, Fla., did not return calls for comment.

Blitch is married to former state Sen. Peg Blitch, D-Homerville, who retired from the state Legislature in 2005. Blitch has been a superior court judge in the Alapaha circuit since 1980. He ran unopposed in the 1996, 2000 and 2004 elections.

This isn’t the first time that Clinch County officials have been in hot water over imposing illegal fees. A group of former inmates sued the county and Sheriff Winston Peterson in November 2004 for imposing a “room and board” fee of $18 per day on pre-trial detainees. The group reached a settlement with the county, which agreed to repay $27,000 to inmates who had paid the fees between 2000 and 2004. Peterson remains the sheriff of Clinch.

Sarah E. Geraghty, a staff attorney with the Southern Center for Human Rights, said she received a letter from U.S. Attorney Maxwell Wood last week asking to review her files in the Clinch inmate-fee case. Geraghty represented plaintiffs in the case, which was closed in April 2006.

Berrien Sheriff Brogdon on Friday pleaded guilty to in U.S. District Court of the Middle District of Georgia to one felony count of selling firearms to addicts, felons and fugitives. Brogdon resigned Friday.

Brogdon pleaded guilty to returning a firearm in March 2003 to Leonard Gray, who had previously been convicted of a felony.

Court filings in Brogdon’s case do not indicate a link to the Leccese case. The lead attorney for the government on both the Leccese and Brogdon cases is Assistant U.S. Attorney James N. Crane of Albany. Sue McKinney, a spokeswoman for the U.S. attorney’s office for the Middle District of Georgia, declined to comment whether the Leccese and Brogdon cases are related.

Brogdon’s attorney, Charles E. Cox Jr. of Macon, declined comment. Asked if the Brogdon and Leccese cases were related, Cox referred the question to the U.S. attorney’s office, although Cox said, “I’d be surprised if it was a coincidence. I suspect they were filed at the same time for a reason.”

Both Berrien and Clinch counties are located in the Alapaha Judicial Circuit.

Brogdon was replaced on an interim basis by Lowndes County Sheriff Ashley Paulk, said Berrien County Probate Judge Susan W. Griner. Paulk will be replaced as sheriff Aug. 23 by Berrien County Coroner Bob Lovein.

The cases are U.S.A. v. Leccese, No.07-cr-00021 (U.S. Dist., Middle District, filed Aug. 10, 2007); and U.S.A. v. Brogdon, No. 07-cr-00020 (U.S. Dist., Middle District, filed Aug. 10, 2007).

These cases are not identical to the Dorchester County South Carolina situation. However, there are some similarities. In both instances the Sheriff is charging fees not authorized by any legislative body to prisoners. And in both instances the Sheriff is using monies from the unauthorized "slush fund" to make unauthorized purchases. It makes us wonder how long it will be before Dorchester County discovers an unauthorized bank account.

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Friday, August 10, 2007

 
LOSER IN "PANTS LAWSUIT" DEMONSTRATES NEED FOR JUDICIAL REFORM

On August 12, 2007 the New York Times reported "A judge who lost a $54 million lawsuit against a dry cleaner is fighting the cleaners’ efforts to collect legal fees from him. The judge, Roy L. Pearson, filed an opposition to the defendants’ motion for fees Friday, saying he should not have to pay the $82,907.50 that the owners of the business, the Chung family, owe from defending themselves against his lawsuit."

Yesterday, the AP reported, Dry cleaner withdrew demand for legal fees but customer still not satisfied.

This case, though certainly extreme, demonstrates how far someone intent on harassment can go when the safeguards installed into the judicial system are not applied. Can anyone say "Rule 11?"

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