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Fake Bomb Charge an Overreaction
Practice Focuses | 2007/09/23 09:41
The MIT student who walked into Logan International Airport wearing a computer circuit board and wiring on her sweat shirt claimed it was harmless artwork. But to troopers who arrested her at gunpoint, it was a fake bomb. Nineteen-year-old Star Simpson was charged Friday with possessing a hoax device. Her attorney described the charge as offbase and "almost paranoid," arguing at a court hearing that she did not act in a suspicious manner and had told an airport worker that the device was art.

Authorities said they were amazed that someone would wear such a device eight months after a similar scare in Boston, and six years after two of the jets hijacked in the Sept. 11 attacks took off from Logan.

"I'm shocked and appalled that somebody would wear this type of device to an airport," said State Police Maj. Scott Pare, the airport's commanding officer.

Simpson showed "a total disregard to understand the context of the situation she is in, which is an airport of post-9/11," prosecutor Wayne Margolis said at a hearing where a not guilty plea was entered for Simpson and she was released on $750 bail. Margolis had asked for $5,000 bail.

Simpson, of Lahaina, Hawaii, was arrested Friday morning outside Terminal C, home to United Airlines, Jet Blue and other carriers.

She wore the white circuit board on her chest over a black hooded sweat shirt, Pare said at a news conference. The battery-powered rectangular device had nine flashing lights, and Simpson had Play-Doh in her hands, he said.

Two phrases that looked hand-drawn — "Socket to me" and "Course VI" — were written on the back of Simpson's sweat shirt, which authorities displayed to the media. Course VI appears to refer to Massachusetts Institute of Technology's major of electrical engineering and computer science.

"She said that it was a piece of art and she wanted to stand out on career day," Pare said. "She claims that it was just art, and that she was proud of the art and she wanted to display it."

There was a career fair at the university on Thursday, according to the university's Web site.

Simpson is the secretary of MIT's Electrical Research Society, according to her lawyer. She is a graduate of the Hawaii Preparatory Academy, a private boarding school, has won school prizes for chemistry and leadership and had received a Congressional citation for her work in robotics, said Ross Schreiber, who was appointed to represent Simpson.

He said she was not a risk to flee, cooperated with authorities and was a good student with no prior convictions. He said they would fight the charges.

"I would characterize it as almost being paranoid at this point," Schreiber said of authorities' response.

He said Simpson had gone to the airport to meet her boyfriend. "She was there for legitimate purposes," Schreiber said.

A Massachusetts Port Authority staffer manning an information booth in the terminal became suspicious when Simpson — wearing the device — approached to ask about an incoming flight, Pare said. Simpson then walked outside, and the staffer notified a nearby trooper.

The trooper, joined by others with submachine guns, confronted her in front of the terminal.

"She was immediately told to stop, to raise her hands and not to make any movement, so we could observe all her movements to see if she was trying to trip any type of device," Pare said. "Had she not followed the protocol, we might have used deadly force."

He added, "She's lucky to be in a cell as opposed to the morgue."

The terminal was not evacuated and flights were not affected, airport officials said.

Boston was the focus of a security scare Jan. 31 when dozens of battery-powered devices that featured a character making an obscene gesture with a finger were discovered in various locations. Bomb squads were deployed and some transportation links were closed temporarily. They turned out to be a promotion for the Cartoon Network. Two men were charged in that incident, but prosecutors dropped the charges after they apologized and performed community service.



Is Vermont lawyer being wiretapped?
Political and Legal | 2007/09/23 09:40

A Vermont lawyer representing a client being held at Guantanamo, Cuba, is worried that his phone is being tapped by the federal government.

He ought to be. The federal government may have interpreted the revised federal surveillance law to allow it to wiretap the lawyers of Guantanamo prisoners.

The Vermont Public Service Board heard testimony last week about the suspicions of lawyer Bob Gensburg of St. Johnsbury, who says his phone line has inexplicably gone dead and has been subject to strange buzzing noises. Gensburg is one of Vermont's most respected lawyers, and he is not likely to be imagining these occurrences or to be making them up.

The PSB has already involved itself in the issue of unwarranted spying by the government, mounting an investigation into whether Verizon and AT&T had turned over phone calling records to the National Security Agency without warrants. The federal government has sued to block the PSB's investigation, and those in other states, on the grounds that it would jeopardize national security to talk about the activities of the telephone companies.

Mike McConnell, the director of national intelligence, may have undermined the government's case last month when he acknowledged in an interview that the telecommunications companies had helped the government carry out its program of warrantless electronic spying. It will be harder for the government to argue in court that it cannot talk about the phone companies' role now that the nation's spy chief has talked about it. The Public Service Board is now receiving briefs from the parties in the case in response to McConnell's admission.

Meanwhile, Gensburg wonders if his calls to Afghanistan on behalf of his client are being monitored by the government. If so, it would be an unconscionable breach of the lawyer-client privilege.

Gensburg is not the only Vermonter with connections to Afghanistan. Others have relatives working there or friends living there. One editor of our acquaintance telephoned a friend in Kabul within the past two years. The question inevitably arises: Was the telephone contact monitored or subject to the government's efforts at data mining?

Data mining and warrantless spying on international calls are being carried out in the name of the war on terrorism. So is the detention of Afghans and others at Guantanamo, without charges, with limited access to lawyers, and without recourse to the law. The possibility of unaccountable secret detention of American citizens still exists because of the erosion of the habeas corpus rights that are supposed to be part of our constitutional birthright. Last week the Senate failed to end a Republican filibuster of a bill authored by Sen. Patrick Leahy that would have restored our habeas corpus rights.

No one knows if Gensburg's phone has been tapped, but the Bush administration's disregard for constitutional protections creates an atmosphere of fear and suspicion that make the possibility seem real. One of the great advantages of a democracy is that we need not live in fear that the government will be rifling through our desk drawers or spying on private communications.

As for the telephone companies, it was their responsibility to know right from wrong and to stand up to the government when it sought their cooperation in illegal surveillance. The companies are seeking immunity in Congress for their actions. Instead, the investigations in Vermont and elsewhere need to move forward to hold those accountable, in government and the private sector, for actions that compromised our constitutional rights. No one in Vermont or anywhere else should have to fear that a phone call to Kabul is going to get them in trouble — unless the government has reasonable grounds to believe that a particular individual is actually involved in criminal activity.

For the government to monitor the phone calls of a lawyer or to cast out a vast electronic dragnet is for it to practice the methods of the Soviet Union or East Germany. The Vermont PSB now has an important role in checking the excesses of the government and private companies in spying on innocent Vermonters.



Pasadena church wants apology from IRS
Law Center | 2007/09/22 09:46
The rector of a liberal Pasadena church today demanded an apology and a clarification from the Internal Revenue Service after being notified that the agency had closed a lengthy investigation of the church over a 2004 antiwar sermon -- but also found that the same sermon constituted illegal intervention in a political campaign.

The Rev. J. Edwin Bacon Jr., rector of All Saints Episcopal Church, told congregants during morning services today that he and other officials were relieved that the church no longer faced the imminent loss of its tax-exempt status, but were bewildered by the IRS' seemingly contradictory conclusions about the case.

All Saints has "no more guidance about the IRS rules now than when we started this process over two long years ago," Bacon said. He said the lack of clarity from the IRS in its recent letter to the church would have a continuing "chilling effect" on the freedom of clerics from all faiths to preach about core moral values and such issues as war and poverty.

Parishioners at this morning's early service applauded his comments.

Bacon said the unclear outcome could mean future investigations of the church.

All Saints, one of Southern California's largest and most liberal congregations, came under IRS scrutiny after a sermon two days before the 2004 presidential election by a guest speaker, the Rev. George F. Regas. In the sermon, Regas, the church's former rector, depicted Jesus in a mock political debate with then-presidential candidates George W. Bush and John F. Kerry.

Regas did not instruct parishioners whom to support in the presidential race, but his suggestion that Jesus would have told Bush that his preemptive war strategy in Iraq "has led to disaster" prompted a letter from the IRS in June 2005 stating that the church's tax-exempt status was in question.

Federal law prohibits tax-exempt organizations, including churches, from intervening in political campaigns and elections.

In its latest letter to All Saints, dated Sept. 10, the IRS said the church continues to qualify for tax-exempt status but that Regas' sermon on Oct. 31, 2004, amounted to a one-time intervention in the 2004 presidential race. The letter offered no specifics or explanation for either conclusion, but noted that the church did have appropriate policies in place to ensure that it complied with prohibitions on political activity.

Jesse Weller, an IRS spokesman, said late Saturday that he could not comment on the case.

In addition to its requests for clarification and an apology, All Saints has asked a top Treasury Department official -- its inspector general for tax administration -- to investigate what the church described as a series of procedural and substantive errors in the case, including allegedly inappropriate conversations about it between IRS and Justice Department officials.

Those conversations, documented in e-mails obtained by the church through Freedom of Information Act requests, appear to show that Justice Department officials were involved in the All Saints case before the IRS made any formal referral of it for possible prosecution, an attorney for the church said. And they raise concerns that the IRS' investigation may have been politically motivated.

"In view of the fact that recent congressional inquiries have revealed extensive politicization of [the Department of Justice], my client is very concerned that the close coordination undertaken by the IRS allowed partisan political concerns to direct the course of the All Saints examination," attorney Marcus S. Owens wrote in a Sept. 21 letter requesting an investigation.


Japan's Fukuda Set To Become Prime Minister
International | 2007/09/22 09:36
After the haplessness of the Abe era, Japan's governing Liberal Democratic Party has chosen a safe pair of hands to be its new leader, and by extension Japan's next prime minister.

Yasuo Fukuda, 71, was chosen Sunday to lead the party, winning 330 of the 527 votes cast by LDP lawmakers. He easily beat out Taro Aso, a close ally of the previous prime minister Shinzo Abe, who got 197. As leader of the governing party, Fukuda's election as prime minister on Tuesday is a formality.

Fukuda is a veteran politician and fits the mold of a traditional uncharismatic, conservative back-room LDP politician. He was chief cabinet secretary under Abe's predecessor Junichiro Koizumi, and his father, Takeo, was prime minister in the 1970s. He had been expected to run against Abe last time around but stood aside citing his age.

The margin of his victory shows he has the support of the party's biggest factions, and that the old guard is reasserting its control over the party's younger and more nationalist modernizers.


Fujimori Returns to Peru to Face Trial
International | 2007/09/22 09:36
Former President Alberto Fujimori returned to Peru on Saturday to face charges of corruption and sanctioning death-squad killings, a grim homecoming for the strongman who fled the country seven years ago as his government collapsed in scandal.

The plane carrying the 69-year-old former ruler landed in a heavy mist at Lima's Las Palmas air force base, a day after Chile's Supreme Court authorized his extradition. He was then flown by helicopter to a police base, where he is to be held until a permanent facility is prepared for his detention.

Some 700 supporters who gathered outside the police air terminal across town to greet him were frustated when his plane was diverted to the air base.

"We have come to welcome Fujimori, to tell him that we are with him and will accompany him wherever he goes so that he feels he has the support of his people," his daughter Keiko Fujimori, who was elected to Congress in 2006, told The Associated Press.

Fujimori's extradition from Chile has provoked reactions ranging from elation to indignation.

Some Peruvians believe he should be tried for his controversial crackdown on the bloody Shining Path insurgency and alleged corruption during his 1990-2000 presidency.

But Fujimori maintains a following in Peru. A recent poll showed that 23 percent of Peruvians want to see him back in politics and some worry his return could provoke turmoil in a country emerging from decades of political and economic chaos.

"There will be a sector of the country that will identify with him, and he will play a destabilizing opposition role," said congressman Javier Valle Riestra, a leader of President Alan Garcia's Aprista party.

Fujimori was widely admired for ushering in economic stability and defeating the Shining Path rebel movement during his 1990-2000 government, but his presidency increasingly came under fire as it drifted toward authoritarianism and evidence surfaced of corruption.

He was flying to Peru under police custody Saturday, a day after the Chilean Supreme Court ordered his extradition on human rights and corruption charges.

Fujimori's followers and foes alike were stunned in November 2005, when he landed in a small plane in Chile and revealed his ambition to run for president in the 2006 elections, even though Peru's Congress had banned him from seeking public office until 2011. He was promptly arrested.

Fujimori had earned a reputation as a cool-headed strategist in handling multiple crises as president. But he may have miscalculated when he decided to leave his safe refuge in Japan, where he enjoyed immunity from extradition because of his Japanese nationality, inherited from his migrant parents.



MIT student arrested at Logan airport for fake bomb
Criminal Law | 2007/09/22 09:35

A dopey MIT student's art stunt bombed big-time yesterday when she was arrested at gunpoint after wearing a phony bomb into an airport terminal.

Star Simpson was sporting a computer circuit board with flashing lights and wires - all, apparently, in the name of art - as she prepared to walk back inside a terminal at Boston's Logan Airport.

Simpson, who was carrying Play-Doh in her hands, ended up with submachine guns in her face after the boneheaded stunt.

"She said that it was a piece of art and she wanted to stand out on career day," State Police Maj. Scott Pare said.

The supposedly smart MIT student wore a wired black sweatshirt with the phrases "Socket to me" and "Course VI" written on the back.

"I'm shocked and appalled that somebody would wear this type of device to an airport," Pare said.

Simpson pleaded not guilty to disturbing the peace.

The 19-year-old sophomore from Hawaii first aroused suspicions when she approached an airport worker inside the terminal while wearing the bomblike device. When she walked outside, she was pounced on by police.

"She was immediately told to stop, to raise her hands and not to make any movement, so we could observe all her movements to see if she was trying to trip any type of device," Pare said. "Had she not followed the protocol, we might have used deadly force."

Simpson told police she was at the airport to pick up someone flying in from Oakland. "She did seem a bit upset that she was in custody," Pare said. "However, she was rational, and she did answer all questions as required."

It was the second stunt in recent months to shake Boston into high alert for fear of a terrorist attack. In January, bomb squads were set into action when dozens of battery-powered devices that turned out to be ads for the Cartoon Network were found around the city.



Houston Family Sues Over Crib Death
Breaking Legal News | 2007/09/22 09:34
A Houston-area couple sued a crib-maker after their daughter died while sleeping in one of their products, KPRC Local 2 reported Friday. "She was just precious, my princess," said Tami Arceneaux. Arceneaux never imagined putting her 7-month-old daughter, Royale, to bed in her Simplicity crib would put her little life in danger, but now the family is filing a lawsuit against the company for her death in February. Her lawyer said the crib did not come with instructions. The family wrote Simplicity and had a manual mailed, but when it arrived, the lawyer said there was a major problem.

"There's no mention anywhere on this page telling consumers installing the drop rail that there is a top and bottom," attorney Mark Weycer said.

"I feel like we followed the instructions to the best of our ability," said Arceneaux.

Without knowing it, the Arceneauxs put the drop rail on upside-down and because of that, they said a hinge broke. That allowed a gap between the mattress and the rail. That gap is where they said Royale suffocated to death with her head against the mattress.

The Consumer Product Safety Commission recalled more than one million cribs made by Simplicity, also using the Graco logo, because the drop rail can become detached.

"If you are a parent who has this type of crib, check immediately to see if it's one being recalled. If it is, don't put your child in that crib tonight," said Patty Davis of the CPSC.

Other parents around the Houston area, such as Tammy Ellison of Nassau Bay, said she felt lucky nothing happened to her little boy. Nine-month-old Dylan has been sleeping in his Simplicity crib since he came home from the hospital.

"It's scary. My crib's put together right, but I don't feel it's safe for him," said Ellison.

Dylan will be sleeping in his playpen until the company sends her a repair kit. She said that could take four to six weeks.

The recall may be too late for little Royale, but her mother said it's still a blessing.

"Royale is gone. I can't bring her back. I wish I could. It helps me sleep at night now that this is recalled, to help other families," said Arceneaux.

CPSC said at least three babies have died in Simplicity cribs from the defect, and seven more had been dangerously trapped. There were more than a dozen different models being recalled. The recalled Simplicity crib models include: Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1. The recall also involves the following Simplicity cribs that used the Graco logo: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in1, Ultra 5 in 1, Whitney and the Trio.

The recalled cribs have one of the following model numbers, which can be found on the envelope attached to the mattress support and on the label attached to the headboard: 4600, 4605, 4705, 5000, 8000, 8324, 8800, 8740, 8910, 8994, 8050, 8750, 8760, and 8996.

The cribs, which were made in China, were sold in department stores, children?s stores and mass merchandisers nationwide from January 1998 through May 2007 for between $100 and $300.



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