Legal Juice

Of all the reasons to fire somebody, this has got to be among the most idiotic. As reported by China Daily:

Two women have been fired from their jobs for refusing to drink at a company party.

No doubt they would have been fired had they gotten shitfaced. Maybe each employee should get a breathalyzer, along with guidelines for the acceptable BAC range...

He, an executive manager of an auto parts company in Hanyang, and her assistant refused to drink alcohol when their boss made a toast at their company's New Year party.

They were fired the next day on grounds of incompetence.

"This is not fair at all," He, who joined the company just a month back, fumed after receiving her termination letter.

There are more 5 million people in Scotland. So would it shock you to learn that some people have the same name? Me either. One name that at least 2 people in Scotland share is "Derek Lyon." One of them is a convicted drunk driver who lost his license, and the other is ... just Derek Lyon. Guess who the police busted? The wrong Derek Lyon. He told them that - but - you see - the machine had spoken.

And it got worse after the bogus bust. Mr. Lyon was taken to jail, where he spent 4 hours before being released. His car was impounded. Because he couldn't afford to pay the fees to get his car back, the police CRUSHED it! Nooooooooo! Without his car, Mr. Lyon couldn't get to work, and was fired. He also couldn't visit his kids for months because he lacked transportation. (He was arrested in July, and just recently acquitted.)

Think he's going to sue? Hell yes. As reported by Scotland TV:

Speaking after his court appearance, Mr Lyon, 36, of Balgarthno Terrace in Dundee, said he was going to sue Aberdeen Sheriff Court's clerk's office, the DVLA and Tayside Police.

He said: "I'm going to take legal action against the police for taking my car, the DVLA for putting somebody else's offence on my licence, and the court in Aberdeen.

"I haven't been able to drive until today. I spent four hours in the cells when I got arrested and my car got crushed even though I told them at the time it wasn't me.

"The police came the next day and I told them again that I'd never been in Aberdeen Sheriff Court and that I wasn't disqualified. The police in Dundee didn't believe me but a local policeman in Blairgowrie where I lived at the time did and he tried to sort things out for me."

To see the story as reported by Scotland TV, click here.

So this British woman (Penny Batkin) is driving her disabled son (he's 4, can't walk or talk, and has frequent seizures) to a hospice when she hears him gasping for air, as reported by The Telegraph. Of course she immediately pulls over to resuscitate him, which she does. Apparently almost everything in Britain is captured by CCTV (closed circuit television). Unfortunately for our heroine, patrolling CCTV-camera-wielding traffic wardens taped her pulling over - illegally, and fined her £100 ($145 US).

Surely the ticket would be dismissed when the authorities received her written explanation, with supporting documentation from the doctor? Nope. But she is pressing on with her appeal with the help of a disability advice charity called Richmond Aid.

A spokeswoman said: "It is absolutely shocking to discover that Richmond Council's parking office cannot find it in their hearts to rescind a parking fine incurred by a desperate mother who had no choice if she was to save the life of her child. We are so appalled we struggle to find the words."

*#@!&+%^! (That's the Juice also struggling to find the words.) Here's the source.

I will forever think of this case when I hear anything about the European Court of Human Rights. As reported by The Argus:

[Hypnotherapist Imad Al-Khawaja] was convicted in 2004 of indecently assaulting two women, then aged 20 and 47, while they were hypnotised.

Al-Khawaja was handed consecutive 12-month and 15-month jail sentences after the jury returned unanimous guilty verdicts.

Said the Judge:

“This was an appalling breach of trust. You abused two vulnerable woman in your charge and under your control. You have not expressed any remorse for the distress you caused.”

About that remorse ...

When a disciplinary panel met in December to decide if he should be banned from medicine, Al-Khawaja sent them a letter quoting television comedian Catherine Tate: “Look at my face, am I bothered?”

Do you have a pulse? His 2 appeals within the United Kingdom were unsuccessful. But wait! What about the European Court of Human Rights? While they didn't overturn his convictions, they awarded him 6,000 euros (about $8,000 US) plus attorney's fees. And why would they do that?

Because he “inevitably suffered a degree of distress and anxiety as a result” of not being able to cross examine one of his accusers, whose written statement was read to the jury, but was not able to testify in person because she committed suicide before the trial! I still can't believe any court would give this man - who inflicted so much suffering - money for his "distress and anxiety." Here's the source.

Straight from Judge in the case, as reported by The Palm Beach Post:

"This case presents the strangest facts and set of circumstances that I've witnessed in my 28 years as a lawyer," Circuit Judge Jorge Labarga said as he sentenced Dean to life in prison.

So what happened?

... Marlow [the "victim"] found his apartment in the Villages neighborhood in West Palm Beach ransacked and saw Flint [the deceased] leaving on foot and Dean driving away.

Note - Christopher Dean, who was sentenced to life in jail for his co-burglar's death - was driving away from the scene.

Marlow pursued Dean up through the neighborhood and eventually back down Interstate 95. There he encountered Flint, 25, who had jumped a fence and was waiting alongside the highway for Dean to pick him up.

Marlow initially told police that, as his SUV approached, Flint turned and appeared to point something at him. Marlow said he ducked in his seat as his Suburban ran off the road and struck the suspected burglar.

So co-burglar Flint is killed by the burgled guy, and burglar Dean gets life in jail. How does that happen?

Under state law, a person can be charged with felony murder if someone else dies while the person is committing a felony crime.

Yes, burglary is wrong, but not this wrong. To read more (a fair amount) click here.

Regular readers know that the Juice is a hardcore free speech advocate. That said, I think most folks would agree with me that Pembroke Pines Principal Peter [damn you for not having a last name beginning with "P" !] Bayer grossly overreacted. As reported by CBS4:

On Friday, November 9th, 2007, then high school senior Katherine Evans posted a picture of her Advanced Placement English teacher, Sarah Phelps, on her page and called her "the worst teacher I've ever met."

Ms. Sarah Phelps is the worst teacher I've ever met! To those select students who have had the displeasure of having Ms. Phelps, or simply knowing her and her insane antics: Here is the place to express your feelings of anger.

Evans created the posting after school hours and on her computer at home.

Principal Bayer suspended Ms. Evans for 3 days and "forced her into lesser honors classes." The actual "charges?"

At the time, Bayer said Evan's actions constituted "Bullying/Cyber Bullying Harassment towards a staff member" and "Disruptive Behavior."

My response? WTF? NFW! Ms. Evans' response? The ACLU filed suit on her behalf, stating that the posting ....

... was "protected off campus speech" and it didn't contain any threats of violence, did not disrupt any school activities and "gave rise to a spirited exchange of opinions by students who disagreed with Evans, who ultimately proved her wrong in her assessment of the teacher."

So what does she want? " ... that the three day suspension be revoked and removed from Evan's permanent record." Nevermind "the force." May the Juice be with her.

Even if this is technically a crime (like you never speed!), what kind of person would report this? Very uncool. The guy wasn't hurting anybody. As reported by The Republican-American:

A man from Stonington faces public indecency charges after state police said he was driving nude on Interstate 84 on Wednesday morning. Police arrested Seth Roberts, 30, of 1 Minor St., at about 10:50 a.m. Roberts also was charged with breach of peace.

I'm always looking for positives, so consider this: he wasn't drunk! And apparently he wasn't speeding either! I'll take a safe, nude driver over a clothed, unsafe one every time.

This is just outrageous. As reported by the Northwest Arkansas Times:

Fayetteville police responded to the Washington Regional Medical Center on May 24 to investigate suspected child abuse. According to the police report, the victim [a 4-year-old girl] had a 4-inch skull fracture with a pool of blood between her skin and skull [the evidence was unclear regarding how the child’s skull was injured.]

The child appeared unkempt and unwashed. Investigators noted bruises and scars all over the child’s body, scabs on the tips of the her fingers, and visible belt strap and belt buckle marks to her lower back and legs, the report stated.

Evidence in the case indicated fault relating to bruising of the ribs...

Interviews with neighbors, teachers, family, friends and other children raised concerns about a long-term and ongoing pattern of abuse, according to the [police] report.

All that abuse, and the girl's parents got probation! Oh, and they have to go to parenting classes... Here's the source.

You can find the original report on this sadistic woman, Ms. Eunice Spry, here. She was just re-sentenced for the incredible abuse she inflicted upon 3 foster children over a 19-year period. Incredibly, the appeals court reduced her sentence for the abuse from 12 to 10 years. Here are some of the things she did. (Per 24dash.com, she was convicted of "26 charges, ranging from unlawful wounding, cruelty to a person under 16, assault occasioning actual bodily harm and witness intimidation when she threatened one of the children who was to give evidence against her.")

She forced sticks down the children's throats.

She made them eat their own vomit.

She made them eat rat excrement.

She would beat the children on the soles of their feet.

She forced them to drink washing-up liquid and bleach.

She even confined one girl to a wheelchair for three years after a car crash in a cynical bid to maximise compensation for the accident.

Since she is 64, Ms. Spry will likely be a free woman again. That's wrong. It's also wrong that she'll be in jail for less time than she tortured those kids. Here's the source.

Former Home Depot employee Michael Boyer probably couldn't believe it either. As reported in The Detroit News:

"It sounds crazy but he was not fired for confronting or physically restraining a customer. He was terminated for involving professionals, the police, to catch someone with a shopping cart full of stolen goods," said Joey Niskar, Boyer's attorney.

Yeah, crazy alright. Crazy like... really stupid! Mr. Boyer has filed suit under the Michigan Whistleblower Protection Act. To read more (a fair amount), click here.

So you're Troy Blackford, and you like to gamble. One day back in 1996, you're in the Prairie Meadows Racetrack and Casino (owned by the County), and you get ticked at a slot machine. You punch it and yell at it. As a result you are banned from ever returning to the casino. No matter. You keep returning and losing money. A few years go by, and you request that the ban be lifted. Denied. You still keep going back. You even get added to your wife's account, apparently due to a casino employee's error.

Then, Blackford's lucky day came, May 5, 2006 - or so he thought. As reported by the Des Moines Register,

Blackford ... sauntered up to Dynamite Jack, a 25-cent machine that showed promise. He bet the maximum amount - 45 quarters, or $11.25 per roll - and pushed the "Spin" button.

Lights flashed. The credit-count soared. Gamblers turned and stared as Dynamite Jack delivered $7,181.25, which boosted his total to nearly $10,000.

A female employee walked over, smiled, and asked for two forms of identification.

Uh-oh. It turns out that

Banned gamblers get flagged when they win more than $1,200, when employees recognize them, or when spouses call the casino ...

Police ticketed Blackford, took his winnings, read the trespass warning again, and watched him leave.

So, the casino is delighted to take your money when you lose. But when you win more than $1,200, they're still delighted to take your money! (So the money goes to a state account to help gambling addicts. A good cause, surely, but it's not the casino's money to give!) Now I can see the criminal trespass charge (which was dismissed), but taking his winnings? That's wrong. So Blackford took the case to court and ... lost. He will probably appeal.

How can that be? I have no idea. As reported in the Edmonton Sun:

According to the agreed facts, the victim disclosed to her parents that Lister had sexually assaulted her on approximately six occasions between September 2005 and June 2006 when she was between 11 and 12 years old.

The girl said she'd been alone with Lister in the day-care van when the incidents took place and could only recall details of the last assault, which involved him telling her to lie down on the bench seat and then fondling her.

If you are incredulous now, it gets worse.

Court also heard Lister had worked as a janitor for the Edmonton Public School Board and as a bus driver for Edmonton Transit until he was convicted of rape and gross indecency in 1981 and sentenced to six years.

One has to wonder how many other victims of this predator are out there, given the 25 years just between these 2 convictions. So what was the punishment?

Lister was ordered to be under a nightly curfew for the two years, to take counselling, to perform 150 hours of community service and to stay away from young children.

He was also placed on the national sex offender registry for 20 years, ordered to submit his DNA to the national DNA databank and banned for life from going to any parks, playgrounds, pools, daycares or any other places where there are children under 14.

Oh, plus two years probation. BFD! This guy is a predator. UFB. No justice. Here's the source.

It may have seemed like infinity, but no, only twenty-five years! And it may not be over yet! As reported on Canada.com:

In 1983, the Public Service Alliance of Canada (PSAC), which represented clerical workers at Canada Post, filed a human rights complaint against the corporation, saying it paid lower wages to the mostly female workers of its clerical section, than to the mostly male workers in its operations section.

The union wanted Canada Post to pay $300 million in back wages to about 6,000 current and former workers, most of them women.

Why did it take so long? Ten years of investigating, and almost 12 years of hearings!

Finally, in 2005, a tribunal of the Canadian Human Rights commission upheld the discrimination complaint but ordered Canada Post to pay only half the amount in back-pay the union had asked for.

Not so fast. The Federal Court of Canada just overturned the award, and Justice Michael Kelen was pissed!

"The long hearing before the Tribunal is reminiscent of the trial in Charles Dickens' Bleak House over the Jarndyce Estate," Justice Kelen wrote. "Jarndyce v. Jarndyce concerned the fate of a large inheritance, which dragged on for many generations. The trial finally came to an end after legal costs had devoured the entire estate."

The group representing the Canada Post workers is deciding whether it will appeal. Mercy! You can read more here.

... and jail them too. Egyptian blogger Karim Amer got four years for criticizing Islam and President Mubarak on his blog. He's now been in jail for a year.

Karim Amer, who is serving his prison sentence in Borg Al-Arab Prison, Alexandria, wrote in his letters to one of his legal counsels that he was beaten on 24 October 2007.

Karim Amer said he was punched and kicked by a prisoner and a prison guard under the supervision of a prison investigations officer. One of his teeth was broken and he was badly bruised. He was then taken to a disciplinary cell, hand-cuffed and his legs tied up and beaten again by the same two individuals on the orders of the prison investigations officer.

After he was beaten, he was put in solitary confinement in a disciplinary cell until 2 November 2007. During this period, he was given only one meal and one bottle of water a day and not allowed to send letters. He was finally moved back to the prison section where he was initially detained on 7 November 2007 and held in an individual cell.

Karim Amer was first detained by the Egyptian authorities for twelve days in October 2005 because of his writings on his blog (karam903.blogspot.com) about Islam and the sectarian riots that took place in the same month in Alexandria's Moharram Bek district. These riots followed reports that the video of a play believed to be anti-Islamic was being screened in a Coptic church in the district.

In March 2006, disciplinary measures were taken against him by al-Azhar University and he was dismissed. The university's disciplinary board found him guilty of blaspheming Islam.

He was rearrested in Alexandria on 7 November 2006 following a complaint made against him by al-Azhar University. He remained in detention since then until his sentencing, following a series of extensions.

The things we take for granted ...

How can a 34-year-old man, who admitted to a four-month-long sexual relationship with a 13-year-old girl not see the inside of a cell? He was originally sentenced to 3 years but, on appeal, the court reduced the sentence to 1 year and 4 months. Why? The court concluded there was "real love" between Vicenza butcher Antonio de Pascale and the girl. Truly frightening, as are the comments of Judge Simonetta Matone of Rome:

The law must 'always look to be reasonable in these cases. Every relationship is a relationship and the real maturity, whether physical or psychological, of the minor must be weighed, with the help of experts.'

What? No! No weighing, your honor. I wonder where she would draw the line. Twelve? Ten? And why is it likely that de Pascale won't do any time? Because Italy currently has a general amnesty for anyone sentenced to less than 3 years. A fitting end to an outrageous case. To read more (a little), click here.

Think again. You are not a "manual scavenger." As described by writer Sunil Kuksal:

The term ‘manual scavenging’ describes the daily work of manually cleaning and removing human feces from dry (non-flush) latrines across India. Workers, mostly women and young boys, are also referred to as ‘night soil workers’, a Victorian euphemism that hides the repugnance of the word ‘shit’... Using a broom, a tin plate and a drum, they clear and carry human excreta from public and private latrines, more often on their heads, to dumping grounds and disposal sites.

Did I mention that the Indian government passed a law banning the employment of manual scavengers in 1993? It doesn't seem to matter, since, as Mr. Kuksal notes:

The practice is on in almost all states, including Bihar, Maharashtra, Jammu & Kashmir and even Delhi. The Indian railways is one of the largest employers of manual scavengers.

And in an affidavit, the railway admitted that it has about 30,000 open-discharge toilets [that need to be cleaned manually]. How many people do you think are doing this job in India? According to the Indian government, 343,000. Why would anyone do this job? Per Mr. Kuksal, it's caste-based, and is forced on the dalits by caste pressure.

I'll call him Fuzzy because, well, I don't know his name. Since he's a minor and wasn't charged with a felony, his name has been withheld. Now technically, Fuzzy didn't actually "streak" across the Parkland High School (Pennsylvania) gym [during a basketball game!] because he had a sock on his ... jimmy. You're the school superintendent. What do you do? I would suspend him for a couple days. But nooooooooooooo, not Superintendent Louise Donohue. She booted him, for the rest of the year, to an alternative school (also attended by [former] knife-wielding students) run by a private company. Said Fuzzy of the punishment:

It's just because of the publicity, I think. I'm still sorry for what I did -- I would never do it again -- but that punishment is … out there.

We're with you, Fuzzy. To read more (a fair amount) click here.

Englishman Elliot Carnell caught one hell of a break. After drinking 15 pints of beer at a Christmas party, Carnell punched his ex-wife's Sri Lankan boyfriend in the head - 6 times! Oh, and he hit his ex-wife and her daughter when they tried to stop him. Carnell copped to the racially aggravated assault, and was sentenced to 150 hours community service and alcohol counseling. But wait ...

As if that sentence wasn't light enough, it gets worse. When Carnell showed up to begin his community service (picking up litter), he was ordered to stop! Why? Because he's a truck driver, and officials were concerned that, with the additional work [the community service], he would exceed the maximum of 48 hours per week for a truck driver! And he might be tired and get in an accident. Said Mr. Carnell:

I was a bit bewildered by what happened but I'm happy. I was willing to do the punishment.

Said Ms. Carnell:

I'm really upset. It's not right. Now he's free to go to the pub drinking with his friends and causing trouble. He should have gone to jail. It's not a strong enough punishment. He must be laughing.

Probably. And this is not Mr. Carnell's first racially related assault. His prior conviction was for popping a German dude wearing an England football shirt. You can read more (just a bit) in the Daily Mail article.

So far it hasn't set David King back any, either. And this has to go down as the slowest getaway in the history of crime. Mr. King rented a narrowboat for 2 weeks in Cheshire, England. The boat's top speed - 4 MPH! You can probably guess what Mr. King did when his 2 weeks on the $80,000 boat were up. He kept right on going. Despite a national manhunt, King avoided capture for 5 weeks! And we're not talking about open water. We're talking CANALS!

What did the Judge have to say?

Your behaviour was quite bizarre and I'm bound to say quite inexplicable. Due to stress engendered by debts and family pressures you went off the rails and stole a narrow boat and then went off for a month. That is very off behaviour.

So you'll make him pay, right Judge? Nope. He got a 6-month suspended sentence, and is the subject of a 12-month supervision order (translation: probation?). Surely he has to pay the boat owner for the estimated $58,000 spent to fix the boat up? And for the lost rental income? Nope. To read more, click here.

(For this story, you can safely put aside your position on legalizing marijuana. It's not about the pot.) So back in April 2006, then-Cpl. Edward Sanchez, of the Dearborn, Michigan police, called 911 and said:

I think we're dying... We made brownies and I think we're dead, I really do.

As you might imagine, this sparked an investigation, during which Sanchez resigned.

Not exactly your fall-on-the-sword type of guy, Sanchez first told investigators that, while he was sleeping, his wife took the pot out of his car. His wife (who admitted to taking cocaine from her husband's police car and using it during a 3-week binge!), truly a stand-by-your-man woman, told investigators that she tricked her husband into eating the pot brownies.

It wasn't long, though, before Sanchez cracked. He admitted that, not only had he taken the pot from his car, but he also made the pot brownies! And, per investigators, he admitted to taking the pot "off the street from unknown persons." Wow. So many laws broken, yet neither Sanchez nor his wife was charged with any crime! It's not over yet, though. Said Dearborn Councilman Doug Thomas, who said he will investigate the matter further:

If you're a cop and you're arresting people and you're confiscating the marijuana and keeping it yourself, that's bad. That's real bad. That's like apprehending a bank robber and keeping some of the money for yourself.

Posted by John Mesirow | Permalink | Email This Post

Posted In: Injustice

Washington DC Injury Lawyer John B. Mesirow represents injured accident victims in Washington DC, Maryland and Northern Virginia. His practice includes Car Accidents, Bike Accident, Boating Accident, Brain Injury, Construction Accident, Dog Bite, Medical Malpractice, Motorcycle Accident, Trucking Accident and Wrongful Death cases. John Mesirow was named a "Top Lawyer" by Washingtonian magazine and aggressively represents his clients. You can contact him online or by phone at 866-463-0303 or 202-463-0303.

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