Cinthya Garcia-Cisneros, age 19, Convicted for Hit and Run / My Thoughts

 

For those of us who live in the Portland Metro area, the story is familiar.  At approximately 8:00PM, last October, two young girls were playing in a pile of leaves at the side of a street.  ‘Leaf pick-up’ was to be the following morning.  Cinthya Garcia-Cisneros, 18 years of age at the time, on a lark, drove through the pile of leaves on her way home.  Anna Dieter-Eckerdt, age 6, was pronounced dead at the scene.  Her stepsister, Abigail Robinson, died later at a local hospital.  It was a tragedy.

Cinthya knew she had hit something, perhaps a rock she thought or hoped; but continued to her residence.  She undoubtedly suspected something untoward.  Her younger brother rode his bike back to the scene, saw that the two young girls were severely injured, and then rode home to inform his sister, Cinthya.

Cinthya and her boyfriend (who had also been in the car) did not return to the accident scene and report their possible involvement.  And, in fact, they made some efforts to conceal their responsibility including running their car through a car wash.  Cinthya was later identified by law enforcement and arrested.  She has now been convicted on two counts of ‘felony hit and run’ and as an illegal immigrant (brought to the US by her parents at age 4) is facing possible deportation.

The reason this case struck home with me, as I’m sure it has with many others, was due to my recollection of my own youth.  At 17 or 18, I did some really stupid things, often more dangerous and ill-conceived than driving through a pile of leaves along a street.  But, I was lucky.  Generally speaking, no one was seriously hurt by my actions, including me.  Nonetheless, I asked myself:  What would you do if you had encountered the same circumstances faced by Cinthya?

First off, driving through the pile of leaves, I could see me doing the very same thing, at 18, especially if trying to impress a girlfriend.  However, when I was made aware of the injuries, the similarities tend to evaporate at that point.  I would have talked to my parents, and they, I’m sure, would have told me to return to the scene, or taken me to the scene, and had me face the consequences.  If they were not available, I honestly believe I would have returned on my own.  But, I must admit, I was not facing the insecurities and trepidation of being an ‘illegal’ in the country.

I can recall an incident when I was about 7 or 8.  We lived in a somewhat dilapidated rented house in the middle of an orchard.  I had no friends nearby.  Down the drive, about 50 yards, there was a two-lane paved highway.  It seemed like a good idea to a very bored young boy; but I was ‘skipping’ rocks in front of cars – as I hid on the edge of the orchard.  One rock was a little too close to a speeding car.  It bounced up and cracked the windshield.  The car slammed on his brakes.  I ran as fast as I could back to the house, told my mother briefly I had done something terribly wrong and hid in the clothes hamper in my parents’ bedroom.  The driver came to the door, told my mother what happened, and advised that a young boy ran in the direction of our house.

Mom looked at the car.  She then, to my deep gratitude at the time, lied for me.  She said that young kids often played in the orchard and that no young boy lived at their house.  The driver left angry, but apparently did not call the sheriff’s office – as he should have probably done.  No one was injured, but it could have been so much worse.  I got a good scolding.

Did my mother do the right thing?  Probably not.  Did she later doubt herself?  My guess is yes.  She was angry, but never, to my knowledge, said anything to my dad.  Was she, also, frightened by the confrontation involving an irate man?  I believed at the time that she was.  Being a somewhat normal young boy, I did not learn the negative lesson that lying is the way to deal with bad circumstances.  I did learn a lesson that actions often have consequences and that I was responsible for my actions.  I felt guilty that my mother had to lie on my behalf.  More importantly, to my young mind, I hated the idea that she had been frightened over something that I had done.  I never put her in that position again.

Cinthya’s actions were naïve and stupid.  There was no possibility that she would remain undiscovered.  After all, she lived in the neighborhood.  It was an accident no doubt.  All she needed to do was return to the scene.  Consequences there would be, but not criminal charges.

Will she be deported?  I doubt it.  Does she deserve to be deported?  I don’t think so.

However, the question remains:  Why were two young girls playing in a pile of leaves, along a street, after dark?

True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues (Part 2)

A friend referred me to the following article regarding the missing 777.  I thought the article was very interesting and plausible - at least from my perspective.  The article, written by an experienced pilot, suggests a fire on board the flight.

The author of the article describes how a fire might occur, and the probable actions of the crew to save the aircraft.


http://www.wired.com/autopia/2014/03/mh370-electrical-fire/


True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues

We are all fascinated by the mystery surrounding the missing Malaysia Air Flight 370.  I know that I am.

I admit that I know little or nothing about the Boeing 777’s capabilities and security measures.  Furthermore, there have been so many theories and reports, so many contradictions, that even the ultimate experts seem baffled.  Pilot suicide just doesn’t make sense from so many aspects.  Why would the pilot fly for hours contemplating what he planned to do?  Ordinary terrorist attack:  why would they not take responsibility?  Mechanical failure:  based on what we know, that doesn’t seem feasible.

Barring an alien abduction (and I’m sure that some individuals will be presenting that possibility before long), I think, nonetheless, we can say with some certainty that a crime has been committed.  Just what crime, we do not know and may not know for a considerable period of time.

Even if it is determined that the pilots or passenger/s were not directly responsible, there still could be an explanation that too would be criminal.  I will give you an example.  What about the airplane’s cargo?  No one seems to have been talking about that.  Some sort of incapacitating gas could have accidentally or by design escaped from the cargo hold and overcome the passengers and crew.  An effort to turn back could have been the crew’s last attempt to save the airplane before they succumbed.

Could the plane have been carrying an illegal cargo of some kind and did the pilots know it?  Or could the gas have been a test, of sorts, to ascertain a new lethal capability for any number of terrorist groups?  And, if such an act was ultimately duplicated, somewhere in the world, would not this virtually destroy, at least for a long time, the airline industry?  If so, would it not be to a group’s perverted advantage to not claim responsibility – at least not now - perhaps never.

The airplane will be found.  I’m certain of that.  If it crashed into the water, there will be debris that floats, and will be discovered.  Currents will be studied and the potential location of the crash greatly focused.

In the meantime, the mystery has the attention of the world.  And the anguish of the passengers' and crew's families will continue.

True Nelson

U.S. Tax Code / A Criminal Conspiracy?

The U.S. Tax Code:  a criminal conspiracy.  It is not as far-fetched as you might first think.  Sure, it is lawful in the sense that it was enacted, in innumerable ways and on countless occasions, by our duly elected government officials.  But…

The Tax Code was designed to fund the U.S. Government, provide for the National defense, and to provide various, defined requirements of the citizenry, not as a personal resource for political reward.  That said, where is the conspiracy?

I just finished doing my taxes for 2013.  Every time I go through this process it makes me angry.  No, I am not a tax expert.  But, I am somewhat expert in recognizing the prima facie elements of a crime.

Are you aware that our Tax Code is currently 72,000 pages long; and that in 2006 it was about 10,000 pages?  Furthermore, no one person, even very highly paid tax attorneys, understand all aspects of the code, the exemptions, tax advantaged entities, the often undefinable initial reasons for the law, as well as any probable unintended consequences for each aspect.  So, why is it so long and complex, and why don’t politicians change it?  That’s simple.

Politicians have used the Code for personal gain.  How so?  Politicians have two major, self-serving goals and those goals are to stay in office and not be required to relinquish the power that they so love and have become accustomed to.  For decades, they have used the Code’s unfathomable complexity to reward principal donors and prominent constituents; as well as to blatantly use their resultant power to buy votes with the taxpayers’ money.  Look around, the elements of criminal conspiracy for personal gain are readily apparent in the actions of many politicians.  It’s not the Democrats or the Republicans.  It is most politicians with a very few exceptions.  And, if you look at any politician who has been able to maintain their position for more than about ten years (Presidents require less time), you are looking at the perpetrator of conspiracies that would under common law, applicable to the common citizen, be prosecutable.  You might even say that you are looking at a criminal.

If this was not true, honest politicians would simplify the tax code so that everyone could understand it.

That is, of course, never going to happen.

True Nelson

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

         

            Quote attributable to:  John Emerich Edward Dalberg Acton, aka Lord Acton        (1834-1912)

Kyron Horman, Terri Horman, Kaine Horman, Desiree Young / and the Imponderables

I’ve been thinking about some of the imponderables associated with Kyron Horman’s disappearance.  Agreed, there are many; but here are a few that have been on my mind.  Some of you will have others.

• ·      Has the Multnomah County Sheriff’s Office now relegated the Kyron disappearance to the cold case files?  They can’t possibly have one or more deputies currently assigned to this investigation.  Leads must have long since dried-up.  They just don’t seem to discuss it anymore.  Furthermore, what about some of their past edge-of-the-seat comments?  ‘We’ll have more by August.’  Of course, they didn’t mention what year they were talking about.
• 
  
• ·        Why did Desiree give up her civil suit?  It was her one best chance to keep the investigation before the public, as well as develop new information.  Was it about money?  If so, why didn’t she ask for help?  There are attorneys and private investigators who would have probably taken the case pro bono, or on an expense basis only.  But, she seemed to let the opportunity pass without any sort of tangible reason.  I know she seemed to blame it on the Sheriff’s Office and the Prosecutor – and that they wouldn’t turn over their investigative results.  But, let’s be real.  Everyone familiar with the system knew that would be a very long shot.  Also, and I’ve discussed this several times, why didn’t she name the school district in the suit?
• 
  
• ·        What about the child custody case currently before the court – Terri Horman and Kaine Horman?  Under the circumstances, any judge would have to be unhinged to give unsupervised custody to Terri.  That’s just not going to happen.  Even a supervised visit by the estranged mother, Terri, would be disturbing to the child.  Don’t you think?
• 
  
• ·        Did Terri fail one or two polygraph tests, or did she not?  Do we know that for a fact?  And, if so, what part of the polygraph test was she presumed to be deceptive?
• 
  
• ·        Why has Terri Horman refused to consistently cooperate with the inquiry into the whereabouts of Kyron?  Why has she surrounded herself with attorneys and apparently invoked the Fifth Amendment, on more than one occasion, as a shield?  I know she / they claim it is because of the alleged ‘murder for hire’ situation.  I say that is nonsense.   Regarding that particular issue, the SO and prosecutors don’t seem to have any prosecutable case – little more than he said – she said.  No, the MfH claim is a ruse by her attorneys to protect her from talking about the disappearance of Kyron.  If the alleged MfH plot is the sticking point, why doesn’t the prosecutor give her immunity from that charge in exchange for her complete cooperation in the disappearance of Kyron?  No attorneys, no Fifth Amendment, just the complete cooperation of a normally concerned parent of a missing child.  Not a lot to ask or expect.  Is it?
• 
  
• ·        Who is paying for all of Terri’s attorneys?  Her parents?  If so, they must be pretty well-set.  And, why would they be willing to sink their life-savings into a situation like this?  Are her attorneys working pro bono or at a reduced rate?  I doubt it.  Steve Houze is one of the most expensive attorneys in the Portland area; and much of his money he wants upfront.  Why does Terri require a celebrity attorney when other very qualified, less expensive attorneys are available?
• 
  
• ·        Is the Sheriff’s Office inquiry now prefaced on the recovery of a body?  And, if so, how would that change anything?  The only difference is that there is a factual crime, at that point, but there is not, probably, any additional evidence – at least not at this late date.  Depending upon where, when, and the condition of the body - very little evidence will remain.
• 
  
• ·        What’s with the school?  How did they manage to skate free of any involvement in Kyron’s disappearance?  There was no negligence on their part?  None?
• 
  
• ·        If they can’t identify a suspect – they being the SO or prosecutors – who have they eliminated?  They don’t have to necessarily name names, but it seems they could give periodic updates – rather than the vague generalities the public is expected to swallow – unchallenged.
• 
  
• ·        What were the details with the cell phone pings emanating, reportedly, on Sauvie Island and attributable to Terri Horman’s cell phone.  Mere rumor or fact?
• 
  
• ·        Why does the whole issue with David Durham, his shooting of a police officer on the coast, and his subsequent disappearance, without a trace, still hang there like a conspiratorial misfire?  What about his connection to Sauvie Island?  What about Terri’s?  Was there any indication that Terri Horman knew him?  Did they have common friends or associates?  Common habits or pursuits?  Illegal drugs?  Why does ‘disappearing without a trace’ seem like a possible common denominator?  After all, someone, like Kyron or David, disappearing into ‘nothingness’ is rather rare.
• 
  
• ·        How long will Terri Horman endure her self-imposed exile to Roseburg?  When will attorneys Houze et al lose interest?  When will Terri’s financial backing be exhausted?  Why does she not leave the State and start a new life elsewhere?  Have the prosecutors blocked her from doing that?  Does she expect to be vindicated?  Then what?

True Nelson

Dave Dahl, Co-Founder of Dave’s Killer Bread headquartered in Portland, OR / New Criminal Charges

On February 14^th, Dave Dahl appeared in Washington County Circuit Court to enter a plea in the melee of November 14^th, last year.  During the November dust-up, he rammed Sheriff’s Office vehicles with his Cadillac Escalade, fought with deputies (injuring same), was high on intoxicants and was generally a bad boy.

I’m not making light of this.  But, the judge seemed to think the incident was rather minor, subsequently releasing Dahl on a mere $20,000 bail of which Dahl put up $2000 to a bail bondsman.  This was the designated bail given to a previously convicted felon and currently a rather well-heeled man.

Please refer to my posts of November 16^th, 17^th, and 21^st for background.  Reading the earlier posts, it will be clear to all that I was not particularly sympathetic with Mr. Dahl.  I referred to the $20,000 bail, ordered by the judge, as mere ‘chump change.’

Well, to the point:

Dahl appeared in court on Friday, February 14th, with his attorney Steve Houze, for the preliminary hearing involving the aforementioned crimes.  At that time, prosecutors nailed Dahl with 14 additional counts (nine felonies and five misdemeanors).  Crimes included multiple counts of ‘assault with a dangerous weapon’ – presumably the Cadillac Escalade.  Yes, a vehicle can be considered a ‘dangerous weapon.’  Dahl was handcuffed and taken to jail.  Bail, this time, was set at $520,000.  Don’t worry, he has posted the bail and is now out again.

I know it is becoming increasingly clear that I have little regard for many attorneys, particularly those in the criminal justice system.  Why?  The whole system is often little more than an inside joke – perpetuated by defense attorneys, prosecutors and judges.  They play their legal games with an alarmingly straight face.

So, what’s my gripe?  After being kind of down on Mr. Dahl, I hate to see this kind of ‘pile-on’ justice or whatever you want to call it.  Washington County prosecutors took three months to decide what to charge Dahl with.  Three months, can you imagine?  In other words, the prosecutors spent the last three months reading their code books before they decided on just what crimes Dahl had committed; and finally, exhausted by their professional efforts, pared the charges down to 14 additional.

'Whoa,' they might say.  We had to wait for the sheriff deputies’ reports.  Well, they should have had them within a day or two.  'But,' they might counter, 'the deputies were injured.'  OK, how about someone conducting an inquiry, interviewing the deputies, and presenting prosecutors with the facts?  After all isn’t "justice delayed, justice denied?"

So, what’s the game here?  Well, prosecutors pour through the elements of every conceivable crime associated with a given situation.  After they have drawn up the list, they have no half-baked illusion that they will receive a conviction or a guilty plea on each charge.  Of course they won’t.  It’s just how you play the game.  Houze will negotiate and 'deal-down.'  Some concessions on charges will be made by the prosecution in exchange for a guilty plea on others.  Dahl will go to jail for a short period of time - plus a sizable fine.  Houze and prosecutors will go to lunch.  Game over.

True Nelson

Dwayne Ferguson, Gun Control Activist, Faces Felony Gun Charges / Buffalo, New York

You might have read about this case.  I found it interesting.  “Gun Safety Activist Causes School Lockdown and Faces Charges after Carrying Gun on School Property.”  (Thursday, February 6^th)

Dwayne Ferguson, age 52, licensed to carry a concealed weapon in the state of New York, was arrested and charged with two felonies when he ‘accidentally’ carried a handgun into an elementary school where he was mentoring young children.  Someone, anonymously, reported to the police that an unknown individual had brought a gun into the school.  (Sounds to me like Dwayne was set-up.)  The school was locked down, countless police and a SWAT team responded, and after some time, reportedly hours, the police discovered the person ‘packing’ was Ferguson.

Ferguson, a prominent figure in the community, and a proponent of strict gun laws for the state of New York – much like the ones for which he was arrested – was, during the extended search and lockdown, allegedly protecting children while police searched the school.  He was apparently not aware that the gun-toting individual the police were looking for was, in fact, he.

This is both amusing and troubling.  Amusing from the point of view that a strong gun control activist could be arrested for violation of laws that he publicly supported, and that his defense is that he was unaware that he was carrying a gun on his person.  On the other hand, troubling in the sense that violating some of the new gun control laws is extremely easy to do.  I’ll explain.

As a general rule, there are two elements to a crime – particularly felonies:  the mens rea or criminal intent and the actus reus or guilty act.  Both of these elements are normally required for the most serious crimes.  In Ferguson’s situation, if the facts are as reported, he has completed the guilty act (actus reus), but he has not shown or demonstrated criminal intent (mens rea).  Now there are exceptions.

Many violations of law, such as traffic violations, do not require criminal intent – as we all know.  Nonetheless, most felonies do require intent.  And, this started me thinking about possible exceptions to that standard.  Negligent homicide might be one exception.  It is based on the premise that an act of violence has been committed wherein an ‘average’ citizen should be aware that his or her actions were dangerous and likely to cause harm (an element of intent).

This is, I suppose, the long way around to address the question as to whether or not Ferguson, clueless as he may very well have been, should be charged with a felony.  A fine perhaps, but a felony?  I don’t think so.

A personal observation:  I ‘carried’ for quite a few years while in law enforcement.  I don’t think there was a moment when I was not fully aware that there was a gun strapped to my waist.  How someone could forget they were carrying a gun and walk into an elementary school, particularly after supporting and advocating for that very same law against bringing guns into schools, is hard for me to believe.  More likely, in my opinion, Ferguson decided that the law didn’t necessarily apply to him.

Now to the troubling aspect.  Many laws have been recently enacted making it a felony to possess a gun on your person within 1000 feet of a school.  Laws similar to the one that ensnared Ferguson.  Practically speaking, this makes it difficult to navigate any town or city without violating the law if you are a shooting hobbyist or hunter.  Those licensed to carry ‘concealed’ are not exempted from these restrictive laws.  Ignorance is no excuse.  So, if your car happens to break down near a school, and you have a concealed permit, the police officer’s first question will be, ‘do you have a gun with you?’  Why would they ask that?  Because when they run your license plate, they are informed that the registered owner of the vehicle has a gun permit.  So, what do you do?  Well, you could lie.  God help you if the police discover you were lying.  Or, you could say, ‘yes, I have a permit and the gun is in the glove box.’  It’s nice that you are honest, and very commendable I might add; but, nonetheless, you will be on your way to jail in handcuffs - possibly charged with a felony.

The laws vary from state to state, so do your research.  Oh, I should say, good luck with that.  The gun laws, you will find, are complicated, redundant and deceptive – not always as they might first appear.  Remember that state gun laws are often enacted by marginally employed lawyers who have the time to run for state office, have never owned a gun and can’t understand why anyone would want to own a gun, and who take considerable joy in creating laws that are so unintelligible that a lawyer is required to interpret.

True Nelson

True’s Miscellany for January 2014 (Part 2) Crime, Sex and Short Stories

The following are some thoughts on writing – hopefully not boring thoughts.  I’ve been working (and I use that term loosely) on some short stories.  I’m having difficulty focusing and I will tell you why.  Stories are meant to be read by someone, but the possibility of being formally published is remote.  It’s frustrating.  As some of you might know, I had – still do actually – a sister blog where I had posted some of my stories.  Then I was informed by those close to me that some of the stories bordered on pornography, so I deleted them.  It was not my intention to write pornography – whatever that is – but law enforcement and crime often, in reality, can be a pretty dirty business.  So, the quandary was and is, ‘how do I write about what I’ve seen, heard and experienced while leaving out the seamy side?’

Here’s are some examples:

I once talked with a FBI Agent who was working “kiddy porn.”  First off, I think that is an awful way to phrase a terrible crime – but it is the way that cops often describe it.  He told me that what he observed on a typical day was so perverted and disgusting that he had to shower as soon as he got home and try and forget, often with little or no success, his day’s work.  He said the burn-out on that squad was high; and that many agents were haunted by those images for years, even a lifetime.

It almost makes me laugh to watch some of those CSI programs.  One episode I remember, the investigator knelt in the midst of a rather gruesome murder scene.  I suppose they were trying to depict deep contemplation and a subsequent eureka moment.  In reality, murder and death scenes, suicides are often the worst, are something you don’t want to kneel in, spend much time in deep thinking, nor do you want to breathe.  The smell at times is not for weak stomachs.  The visual will give you nightmares.  On the Sheriff’s Office, we would often bring cigars to smoke.  If the smell of death and decomposition didn’t make you sick, the cigar certainly would.  And, to vomit just wasn’t something you’d want to do (not professional).  Nonetheless, the cigar smoke did seem to disguise the stench.  Except, I must add, the smell of death stayed in your cloths and seemed to become lodged in your nostrils.  After all, that is what odor really is – tiny particles floating in the air.  One other comment, autopsies are nearly as bad – especially when they saw the skull open.

I once attended a seminar on serial killers.  Ted Bundy was the principal topic.  He was executed in Florida (1/24/89) for various murders.  And, was alleged to be responsible for more than thirty murders of young women.  He was attempting to cheat the executioner by offering, periodically, to confess to and describe the murder of particular young women – including what he did and how he subsequently disposed of the body.  This was designed to give some sort of closure to parents of missing women.  His ploy did work for a while and allowed him to live a bit longer.  During the seminar for law enforcement types which I attended, one of Bundy’s taped confessions was played.  It was, I would briefly describe as, simply horrible.

Now, these are not the types of subjects that I want to spend a lot of time thinking about.  But, they are part of police work.  Some might say why don’t you write uplifting, positive, intriguing stories; but skip the graphic details?  I’m not sure I can – always.  It’s just not reality.

So my options, I suppose, are to modify stories in a way that my future grandchildren can read them.  Or, file the stories away – for what purpose I am not sure.

I did find that Google will attach a ‘warning,’ ‘adult content,’ for anyone visiting my short story blog.  I guess that’s a possibility too.

True Nelson

True’s Miscellany for January 2014 / Marijuana

It’s been awhile since my last post.  Well, I’ve been a little under the weather – although I hate to admit it.  The weather in Portland has been mostly mild (and that’s an understatement) compared to the Midwest and East Coast.  Nonetheless, I seem to have developed a very persistent cough that just doesn’t want to go away, or allow me a good night’s sleep.  No, I don’t smoke cigarettes or marijuana.

Speaking of marijuana, the President has made some interesting, if somewhat confusing, comments about the legalization of marijuana in Colorado and Washington.  Apparently, he supports the legalization of MJ in said states, but has also added a caveat.  If, for example, marijuana is harmless for responsible adults, why not a small amount of cocaine or methamphetamine?  I think this is a rhetorical question on his part and that he is not necessarily endorsing such a move; but he also seems to have articulated some potential risks down the road.  This issue is complicated.  I understand that.

Oregon, under its referendum process, is nearing a vote on the legalization of marijuana.  I kind of hope that Oregon voters, understanding the uncertainty of legalized marijuana and the resulting social construct, will vote the measure down.  I’m concerned about our young people.  Why don’t we let Washington experiment with their children before Oregon follows suit?

Now, some of you will be offended.  After all, some of you will claim marijuana is harmless, no worse than alcohol.  Alright, but is it OK if I disagree?  Such a statement of marijuana’s harmlessness is little more than ‘bumper sticker’ science.  Secondly, they will say that marijuana will not be sold to minors.  OK, and yes that same restriction has worked for alcohol really well, right?  No, once marijuana is legalized into the mainstream and readily available, kids will get it – big time.  Oh, you say, they already get it.  Yes, and they get heroin too.  Is that justification for legalizing that drug?  No, of course not.

I hope that Oregon voters wake-up and act like grownups.  Yes, I agree that an adult caught with a minimal amount of marijuana should be treated appropriately – a reasonable fine would seem adequate.  But, let’s not push it in the public’s face.  Let’s not imply to our children that any mind altering substance is OK.  As we all know, alcohol has caused untold misery.  But, we’ve learned to live with it, understand it, and theoretically help those who abuse it, with some success.  Marijuana is a social uncertainty.  Let’s see how it works out in Washington.  Oregonians, let’s wait a few years.

True Nelson

Law Enforcement / Profiling and Prejudice (Part 2)

Whether or not profiling is considered good or bad depends on how it is used.  Racial profiling has been defined by the Supreme Court as unconstitutional based on the ‘equal protection’ clause.  This means that law enforcement stopping someone for no other reason than their race is illegal – as it should be.

 

Regarding racial profiling some evidence has been developed based on statistics provided by police officers that it does exist, at least it would appear so to some.  Law enforcement personnel are required to note in their reports the race of the individual stopped or cited for traffic violations.  What does this mean?  Well, based on the percentage of a certain racial minority in a given jurisdiction, it appears that African Americans and Hispanics are stopped and/or cited more than Caucasians.  The percentage difference is not great, but is statistically significant.

What is never adequately explained in the research are the extenuating circumstances that led up to the traffic stop.  Did the police officer know prior to initiating the stop that the driver or passengers in a vehicle were minorities?  Are there certain cultural differences that are suspicious, but not necessarily criminal, that might trigger a police response?  Such as inordinately loud music on the car radio, strange modifications to vehicles like blacked out windows or graffiti, unusual driving patterns, drivers exchanging words or gestures with pedestrians, vehicle cruising slowly through a residential neighborhood at night and I could continue.

However, as they say ‘statistics can lie’ and often do when a particular group with a vested interest applies statistics.  But, of course, the elephant in the room that no one wishes to mention is that percentage-wise more crimes are committed by certain minority groups.

When I say minority groups, I mean this in the wider sense and I’m not necessarily saying people of color.  Young men and teenagers might be considered a minority group.  Caucasians within a certain ethnic group or with negative associations might be considered a minority.  Police know and understand these patterns and tend to act accordingly.

Behavioral profiling in criminal cases, although not new, is becoming a major trend in police agencies, including the FBI.  It is one more tool used to identify criminal suspects, particularly in the areas of ‘crime against person,’ such as sexual assault and murder.

Criminal profiling is as old as police work.  Many experienced police investigators use criminal profiling and call it intuition or instinct.  That is pretty much what the FBI’s Behavioral Science Unit does except they have taken profiling to another level by using quantitative analysis, massive data and computers.  Does the BSU generally provide more accurate analysis or opinions than an experienced police investigator?  Maybe, but not always.  Much of what the BSU provides would be considered ‘common sense’ by a very experienced investigator.

There is nothing particularly mysterious about profiling.  We all do it every day as we pass people on the street or observe them in the check-out line.  It is a skill we all learn early on in life.  If you didn’t possess that skill, you would be a sorry individual indeed – bungling through life, having people continually take advantage of you, and would probably not survive to old age.  Do I exaggerate?  I don’t think so.  Do we sometimes make mistakes?  Yes.

True Nelson

Law Enforcement / Profiling and Prejudice

I’d like to discuss social bias, prejudice, bigotry; all the usual suspects that make up who we are and how we treat others.

I was reading an article in the Scientific American magazine (January 2014) about the unconscious mind and how it controls human behavior.  It would seem that the goal of overcoming prejudice against various minority groups is a nearly impossible goal for the majority of us.

One of their experiments found that “many people who say they have a positive attitude toward minority groups are astounded when social scientists reveal contradictions (in that belief) using a simple test.”

My first reservation about this simple test is that the word ‘social’ should never be considered an appropriate descriptive modifier for ‘scientist.’  But, that’s just a pet peeve of mine.  However, I should point out that my major in college was Social Sciences – very interesting, but not a subject area that one would normally describe as science.  I found that sociology and psychology were far easier than zoology.

The test in question involved two buttons and a computer screen.  The left button to be pressed indicated either ‘good or white.’  The right button to be pressed indicated either ‘bad or black.’  Various pictures were shown to include puppies, spiders, snakes, kittens and a series of faces of different races.

The same pictures, or variations thereof, were later shown to the same group of test takers.  However, the buttons were changed:  left button indicated good or black, right button indicated either bad or white.  Latent prejudice among the test-takers was proven / at least indicated because the test-takers took longer to press the appropriate button – apparently indicating they had more difficulty associating black with good.

The article did not reflect whether or not minority individuals fared better on this test than Caucasians.  Furthermore, it did not indicate that all children grow-up with a notion that white is generally and intrinsically good, versus black which is generally and intrinsically bad.  Example:  good cowboys tend to wear white and bad cowboys usually are dressed in black, good witches are white and bad witches are black, when mourning people traditionally wear black, etc.  Now, some might jump-in with ‘yes, that’s true and children are programed from a very early age.’  OK, perhaps, but that concept of white / good, black / bad goes back centuries.  And, the association was usually not associated with race.

I’m sorry, but I hate this kind of research.  It does no good, draws lines apparently based in science, and makes one feel hopeless that things will ever change.

Which brings me to another related subject, law enforcement profiling:  good or bad.

To be continued…

True Nelson

Robert Levinson / Ex-FBI / Captive of the Iranians

I’ve been thinking about Robert Levinson.  He is the retired FBI Agent who disappeared in 2007 on the Iranian Island of Kish.

Levinson, who was operating as a private investigator, was initially described, by government officials and his family, as investigating cigarette smuggling.  He was to meet with a potential 'source' of information on Kish.

Kish Island is located approximately 12 miles from the Iranian mainland and falls within the territorial jurisdiction of Iran.  It is considered to be a rather attractive tourist destination.  And, is relatively free-wheeling compared to mainland Iran.  The island is a money maker for Iran – hence the relaxation of the strict standards that ordinarily apply to Iranian citizens and visitors to their country.  Make no mistake, however, it is part of Iran - a country that cares little for Americans, particularly those Americans connected with American intelligence agencies.

As we now know, or at least what has been reported as accurate, Levinson was working as a contractor for the CIA.  Apparently, Levinson had been recruited by certain CIA Analysts, and was collecting information on the CIA’s behalf.  What is concerning is that his actions were not appropriate under CIA guidelines, and were apparently hidden from higher-ups in the CIA bureaucracy.  I tend not to believe that, but that is the official story – at least for now.  Several CIA employees were fired or disciplined.  All the fired employees seemed to immediately land on their feet – obtaining other government positions outside the CIA.

Regarding Levinson, personally, he was from reports within the Bureau, very well liked, and an outstanding Agent.  He had a wife and seven children.  Post retirement, he was trying to make extra money as a PI to help his seven children through college.

The CIA was paying him very well on a contractual basis.  His last contract with the CIA was worth $120,000.  Interestingly, the CIA gave Levinson’s family a $2.5 million annuity to keep, early on, Levinson’s actual purpose in going to Kish a secret.  So, Levinson’s family will be taken care of financially.  This is, as we all understand, small comfort to the family.

Should Levinson have gone to Kish?  Well, in retrospect, we all know the answer to that.  In this day and age, all any foreign government needs to do is run a basic Google search on an individual’s name; and, bingo, they know Levinson was a retired Agent.  That would be enough to pick him up and find out what he was really doing in Iran.  Under questioning, he would quickly reveal his purpose.  FBI Agents are not trained to thwart intense interrogation techniques.  Furthermore, the more professional CIA operatives apparently did not know Levinson was even in the region – and, of course, he had no backup.  He probably was not even missed for several days.

On a personal note, it’s been many years since I was an Agent; but I would not accept an assignment or attempt to ‘vacation’ in any number of present-day countries; particularly Iran and North Korea.  To voluntarily go there, as far as I’m concerned would be fool-hardy, if not downright stupid.  I assume that the FBI advises their current Agents of that; just as I was advised not to have FBI credentials in my possession if an airplane on which I was traveling was ever hijacked to Cuba.  That was the advice given in the ‘70’s.  As a supervisor once told me, “eat your credentials if you have to.”

I want to be very clear here.  I have deep sympathy for Levinson’s family.  In a perfect world, the Iranians would now have all the information they need; and would return Levinson if and when the US had admitted their error – which the CIA has done – sort of.  My advice to the President is that he has to stop playing Mr. Nice Guy.  Someone in the CIA high-up needs to be fired.  Perhaps, it should be the Director.  The President’s position should be, ‘I don’t care if you didn’t know.  It’s your job to know.  I want your resignation.’

But, as we are all discovering, President Obama couldn’t really do that.  If he had such staunch principals, he would have to also resign.

And, so it goes.  Robert Levinson may not be alive.  Nonetheless, the FBI is offering $1 million for his return.  It’s been approximately three years since his family has heard anything.  They continue to keep his name before the public; but hope is dimming.  Of course, the CIA and our government continues to play footsie.  It’s their nature.

True Nelson