G. True Nelson: Former Deputy Sheriff, Military Officer, FBI Special Agent, and Security Consultant / Private Investigator. He currently resides in the Portland, Oregon Metro area. He is a writer on crime and judicial process; as well as discussing his personal observations on American culture and social mores.
Wednesday, March 19, 2014
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
Tuesday, March 18, 2014
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
Saturday, March 15, 2014
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)
Monday, February 24, 2014
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
Wednesday, February 19, 2014
Dave Dahl, Co-Founder of Dave’s Killer Bread headquartered in Portland, OR / New Criminal Charges
On February 14th, Dave Dahl appeared in
Washington County Circuit Court to enter a plea in the melee of November 14th,
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 16th, 17th,
and 21st 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:
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
Tuesday, February 11, 2014
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 6th)
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
Saturday, January 25, 2014
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
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