After the reading this article, one question becomes apparent who does the FDA work for?
At least 43 drug factories supplying medication to thousands of U.S. consumers have received government warnings in recent months for failing to correct shoddy manufacturing practices that may have exposed patients to health risks, a USA TODAY review of records shows.
Violations serious enough to prompt warning letters from the U.S. Food and Drug Administration include plants using equipment and ingredients contaminated with bacteria or insects, failing to do proper testing to ensure drug strength and purity, and ignoring consumer complaints that products were making them sick.
The 43 warning letters, issued since January 2009, reflect only some of the most serious manufacturing violations the FDA finds during facility inspections. During 2002-06, for example, more than half of inspections at domestic drug plants and 62% at foreign plants supplying the U.S. had violations that didn't prompt warning letters, but were classified as requiring correction, FDA data published by the Government Accountability Office show. The FDA declined to provide more recent numbers.
A Massachusetts plant run by Braintree Laboratories failed to properly investigate twent one consumer complaints of bug parts or spiders in five of its medicine products, according to the May warning letter. The company did not respond to interview requests.
Link:
http://www.usatoday.com/news/health/2010-05-26-drug-factories-warned_N.htm
Favorite Quotes
Thursday, May 27, 2010
Wednesday, May 26, 2010
100's of EMT's, paramedics, a few Boston Firefighters and police are working with fake credentials.
More than 200 emergency medical technicians and paramedics in Massachusetts and New Hampshire have been practicing without legitimate certification, having paid certificate mills for fake credentials without taking any medical training, an investigation by Massachusetts public health officials has found.
In some cases, technicians bought the credentials to renew their state certification, but in others, medics used the fake credentials to allow them to begin treating patients for the first time.
The outfits peddling certificates provided them during the past two years to emergency medical technicians, paramedics, police officers, and firefighters in at least a dozen communities, including Boston, according to two public officials briefed on the investigation. Some 18 Boston firefighters are among those responding to medical emergencies without legitimate accreditation.
Link:
http://www.boston.com/news/local/breaking_news/2010/05/sources_hundred.html
In some cases, technicians bought the credentials to renew their state certification, but in others, medics used the fake credentials to allow them to begin treating patients for the first time.
The outfits peddling certificates provided them during the past two years to emergency medical technicians, paramedics, police officers, and firefighters in at least a dozen communities, including Boston, according to two public officials briefed on the investigation. Some 18 Boston firefighters are among those responding to medical emergencies without legitimate accreditation.
Link:
http://www.boston.com/news/local/breaking_news/2010/05/sources_hundred.html
NJ: Mistrial declared because jurors used cell phones during trial.
A Superior Court judge today declared a mistrial in the case of an Elizabeth man accused of fatally shooting a middle school boy in 2007, and jury selection is scheduled to begin today for a new trial.
Union County Superior Court Judge Joseph Perfilio questioned jurors individually today after one juror told him that some members of the panel viewed press coverage of the homicide trial of Edariel Melendez. On Thursday, while in the jury room, a handful of jurors viewed a Star-Ledger article about the Melendez trial posted on NJ.com, the juror told the judge. The post on the newspaper’s website was viewed using a cell phone, the juror said.
While most jurors admitted to having glanced briefly at the article, none would identify who owned the cell phone, and one member said there were two cell phones involved.
Link:
http://www.nj.com/news/index.ssf/2010/05/mistrial_declared_after_jurors.html
Union County Superior Court Judge Joseph Perfilio questioned jurors individually today after one juror told him that some members of the panel viewed press coverage of the homicide trial of Edariel Melendez. On Thursday, while in the jury room, a handful of jurors viewed a Star-Ledger article about the Melendez trial posted on NJ.com, the juror told the judge. The post on the newspaper’s website was viewed using a cell phone, the juror said.
While most jurors admitted to having glanced briefly at the article, none would identify who owned the cell phone, and one member said there were two cell phones involved.
Link:
http://www.nj.com/news/index.ssf/2010/05/mistrial_declared_after_jurors.html
Monday, May 24, 2010
$200 Million wasted by the TSA attempting to identify terrorists and persons of interest using microexpressions etc.
Times Square bombing suspect Faisal Shahzad was arrested after he boarded a plane headed for Dubai, though the government is spending millions each year on a program that's supposed to spot terrorists before they reach the gate. As CBS News chief investigative correspondent Armen Keteyian reports, the program doesn't seem to be working.
There's a hidden layer of airport security most people don't know about. It's called "behavior detection," and involves specially trained Transportation Security Administration employees whose primary mission is to spot terrorists.
They look for unique facial expressions and body language that may identify a potential threat. About 3,000 of these officers work at 161 U.S. airports -- costing taxpayers nearly $200 million in 2009. This year, the TSA asked Congress for $20 million more to expand the program.
But CBS News has learned that the program is failing to catch terrorists. It's never even caught one!
In fact, sources tell CBS News a Government Accountability Office investigation is raising serious questions about the program.
Links:
http://www.nature.com/news/2010/100526/full/465412a.html
http://www.cbsnews.com/stories/2010/04/11/sunday/main6385040.shtml?source=related_story&tag=related
http://www.cbsnews.com/stories/2010/05/19/eveningnews/main6500349.shtml
http://www.paulekman.com/faq/
There's a hidden layer of airport security most people don't know about. It's called "behavior detection," and involves specially trained Transportation Security Administration employees whose primary mission is to spot terrorists.
They look for unique facial expressions and body language that may identify a potential threat. About 3,000 of these officers work at 161 U.S. airports -- costing taxpayers nearly $200 million in 2009. This year, the TSA asked Congress for $20 million more to expand the program.
But CBS News has learned that the program is failing to catch terrorists. It's never even caught one!
In fact, sources tell CBS News a Government Accountability Office investigation is raising serious questions about the program.
Links:
http://www.nature.com/news/2010/100526/full/465412a.html
http://www.cbsnews.com/stories/2010/04/11/sunday/main6385040.shtml?source=related_story&tag=related
http://www.cbsnews.com/stories/2010/05/19/eveningnews/main6500349.shtml
http://www.paulekman.com/faq/
Thursday, May 20, 2010
Fewer than 5% of people have food allergies according to a recent study done by the JAMA
A new study has shown that most people who think they have food allergies do not. The government-funded study, published in the May 12 Journal of the American Medical Association and organized by the National Institute of Allergy and Infectious Diseases, shows that while 30 percent of people believe they have food allergies, fewer than 5 percent actually do (in children, the percentage of sufferers is around 8 percent).
The study found that a combination of factors has led to the vast overestimation of food allergies. After looking at 72 food allergy studies published between January 1988 and September 2009, the researchers deduced that doctors commonly misdiagnosed allergies, that tests often gave foggy results and that studies on food allergies were often subpar (for example, the researchers waded through a pool of 12,000 published papers in order to choose the 72 rigorous studies that they ultimately used). In addition, people often incorrectly self-diagnose an allergy when they simply react badly to a food.
In large part, patients are unclear about the difference between an allergy and an intolerance. An allergy, by definition, involves the immune system.
Still others have been misdiagnosed. The researchers, who included doctors and scientists from various institutions, found that less than 50 percent of those are diagnosed with an allergy after undergoing two common tests -- a skin prick and a blood test -- actually have that allergy.
Receiving a positive allergy test is not the same as actually having an allergy -- a misunderstanding that leads many physicians to misdiagnose their patients. Allergy tests screen for IGE antibodies, which can indicate an allergy to a certain substance. However, while the IGE antibodies may point to an allergy, their presence is, in practice, irrelevant if a person has no physical reaction to the suspected allergen. Dr. Joshua Boyce, an associate professor of medicine at Harvard and an allergist and pediatric pulmonologist, told The New York Times that the immune system often produces IgE antibodies while reacting to certain food proteins, but that "these antibodies can be transient and even inconsequential."
Link:
http://www.aolhealth.com/condition-center/allergies/food-allergies-overestimated?ncid=webmaildl3
The study found that a combination of factors has led to the vast overestimation of food allergies. After looking at 72 food allergy studies published between January 1988 and September 2009, the researchers deduced that doctors commonly misdiagnosed allergies, that tests often gave foggy results and that studies on food allergies were often subpar (for example, the researchers waded through a pool of 12,000 published papers in order to choose the 72 rigorous studies that they ultimately used). In addition, people often incorrectly self-diagnose an allergy when they simply react badly to a food.
In large part, patients are unclear about the difference between an allergy and an intolerance. An allergy, by definition, involves the immune system.
Still others have been misdiagnosed. The researchers, who included doctors and scientists from various institutions, found that less than 50 percent of those are diagnosed with an allergy after undergoing two common tests -- a skin prick and a blood test -- actually have that allergy.
Receiving a positive allergy test is not the same as actually having an allergy -- a misunderstanding that leads many physicians to misdiagnose their patients. Allergy tests screen for IGE antibodies, which can indicate an allergy to a certain substance. However, while the IGE antibodies may point to an allergy, their presence is, in practice, irrelevant if a person has no physical reaction to the suspected allergen. Dr. Joshua Boyce, an associate professor of medicine at Harvard and an allergist and pediatric pulmonologist, told The New York Times that the immune system often produces IgE antibodies while reacting to certain food proteins, but that "these antibodies can be transient and even inconsequential."
Link:
http://www.aolhealth.com/condition-center/allergies/food-allergies-overestimated?ncid=webmaildl3
Wednesday, May 19, 2010
Shortcuts taken in a NY crime lab may affect thousands of cases, could this be happening in other crime labs?
A technician in the NYPD's forensics lab has been suspended for allegedly falsifying drug-test results, throwing into question "maybe thousands" of criminal cases -- and prompting a panicked meeting yesterday between cops and the city district attorneys.
A Bronx drug trial was even abruptly halted last week because the longtime lab technician, Mariem Megalla, was supposed to testify in that case, sources told The Post.
The NYPD last week sent out an emergency e-mail to the city's five DAs warning them about the evidence disaster and telling them to examine pending felony case files for evidence tested by her. In all such cases, the NYPD wrote, the evidence will need to be retested to make sure the results are accurate.
The apparent shortcuts taken by a New York Police Department criminalist in testing suspected drug samples left prosecutors throughout the city scrambling on Tuesday to find out how many cases might be affected and what to do about them.
Links:
http://www.nypost.com/p/news/local/queens/lab_tech_wQIOPAcKYnI2rP1lQMEDqL#ixzz0oNbKJYEA
http://www.nytimes.com/2010/05/12/nyregion/12lab.html
A Bronx drug trial was even abruptly halted last week because the longtime lab technician, Mariem Megalla, was supposed to testify in that case, sources told The Post.
The NYPD last week sent out an emergency e-mail to the city's five DAs warning them about the evidence disaster and telling them to examine pending felony case files for evidence tested by her. In all such cases, the NYPD wrote, the evidence will need to be retested to make sure the results are accurate.
The apparent shortcuts taken by a New York Police Department criminalist in testing suspected drug samples left prosecutors throughout the city scrambling on Tuesday to find out how many cases might be affected and what to do about them.
Links:
http://www.nypost.com/p/news/local/queens/lab_tech_wQIOPAcKYnI2rP1lQMEDqL#ixzz0oNbKJYEA
http://www.nytimes.com/2010/05/12/nyregion/12lab.html
In Arizona, defense attorney's call into question the scientific validity of shoe print evidence.
PRESCOTT - Hoping to remove testimony from an FBI expert about shoe prints that prosecutors contend may link Steven DeMocker to tracks found behind his former wife's house shortly after her murder, defense lawyers filed a motion Tuesday claiming that type of evidence has no scientific validity.
Defense lawyers asked Superior Court Judge Thomas B. Lindberg to bar testimony from FBI shoe print expert Eric Gilkerson and John Hoang, a scientist with the Department of Public Safety. The lawyers cite a new law signed by the governor on Monday that tightens standards for forensic evidence. The law, SB1189, requires state courts to use the same standard as federal courts and that expert witnesses have the "knowledge, skill, experience, training or education" to offer an opinion "based on sufficient facts and data."
"They are doing something finally about unreliable comparison evidence about the use of this class of unreliable comparison evidence because the use of this class of unreviewed and untested testimony offends our basic notions of the right of a defendant to due process and a fair trial," the lawyers said in the motion.
The motion also quotes retired federal Judge Harry Edwards, co-chairman of the Forensic Science Project of the National Academy of Sciences, that issued a report concerning the reliability of expert testimony in areas such as fingerprints, comparative bullet lead analysis and hair comparisons.
"With the exception of nuclear DNA analysis, no forensic method has been rigorously shown to have the capacity to consistently, with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source," Edwards said. "Yet for years, the courts have been led to believe that disciplines such as fingerprinting stand on par with nuclear DNA analysis."
Link:
http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1086&ArticleID=80990
Defense lawyers asked Superior Court Judge Thomas B. Lindberg to bar testimony from FBI shoe print expert Eric Gilkerson and John Hoang, a scientist with the Department of Public Safety. The lawyers cite a new law signed by the governor on Monday that tightens standards for forensic evidence. The law, SB1189, requires state courts to use the same standard as federal courts and that expert witnesses have the "knowledge, skill, experience, training or education" to offer an opinion "based on sufficient facts and data."
"They are doing something finally about unreliable comparison evidence about the use of this class of unreliable comparison evidence because the use of this class of unreviewed and untested testimony offends our basic notions of the right of a defendant to due process and a fair trial," the lawyers said in the motion.
The motion also quotes retired federal Judge Harry Edwards, co-chairman of the Forensic Science Project of the National Academy of Sciences, that issued a report concerning the reliability of expert testimony in areas such as fingerprints, comparative bullet lead analysis and hair comparisons.
"With the exception of nuclear DNA analysis, no forensic method has been rigorously shown to have the capacity to consistently, with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source," Edwards said. "Yet for years, the courts have been led to believe that disciplines such as fingerprinting stand on par with nuclear DNA analysis."
Link:
http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1086&ArticleID=80990
Tuesday, May 18, 2010
What's in bottled water and why isn't it regulated?
Benzene gets a bad rap, and for good reason. It is a known carcinogen, and it causes serious problems when it gets into the air or the water. Such is the case for the residents of Dish, Texas, who live near a natural gas refinery located there. According to the 5/16/10 edition of the Star-Telegram, benzene became a concern in January when a state agency revealed that a natural gas well site operated by Devon Energy near Dish showed a benzene level of 15,000 parts per billion.
So far, biological samples taken from 28 residents of Dish have determined that levels of benzene in their blood were no higher than that of the overall US population. However, there are other sources of benzene that the greater population should be worried about.
"Tapped," a documentary released in 2009, took a long hard look at water privatization—in particular, the bottled water industry and some of its primary purveyors, Nestle, Coca-Cola and Pepsi. Co-directors Stephanie Soechtig and Jason Lindsey wanted to make the point that the bottled water industry largely operates outside the control of regulatory agencies, which oversee the nation's food supply and other natural resources.
Link:
http://www.lawyersandsettlements.com/articles/14162/benzene-carcinogen-benzoic-acid-todd-molis.html
So far, biological samples taken from 28 residents of Dish have determined that levels of benzene in their blood were no higher than that of the overall US population. However, there are other sources of benzene that the greater population should be worried about.
"Tapped," a documentary released in 2009, took a long hard look at water privatization—in particular, the bottled water industry and some of its primary purveyors, Nestle, Coca-Cola and Pepsi. Co-directors Stephanie Soechtig and Jason Lindsey wanted to make the point that the bottled water industry largely operates outside the control of regulatory agencies, which oversee the nation's food supply and other natural resources.
Link:
http://www.lawyersandsettlements.com/articles/14162/benzene-carcinogen-benzoic-acid-todd-molis.html
Does your web browser leave a unique trackable signature?
If you're worried about companies tracking your web browsing, check out http://www.hide-my-ip-address.com/hideip/ or any other company that blocks your IP address.
Here are a few more:(http://www.hidemyass.com/,http://www.hide-my-ip.com/)
New research by the Electronic Frontier Foundation (EFF) has found that an overwhelming majority of web browsers have unique signatures -- creating identifiable "fingerprints" that could be used to track you as you surf the Internet.
The findings were the result of an experiment EFF conducted with volunteers who visited http://panopticlick.eff.org/. The website anonymously logged the configuration and version information from each participant's operating system, browser, and browser plug-ins -- information that websites routinely access each time you visit -- and compared that information to a database of configurations collected from almost a million other visitors. EFF found that 84% of the configuration combinations were unique and identifiable, creating unique and identifiable browser "fingerprints." Browsers with Adobe Flash or Java plug-ins installed were 94% unique and trackable.
Link: http://www.eff.org/press/releases
Here are a few more:(http://www.hidemyass.com/,http://www.hide-my-ip.com/)
New research by the Electronic Frontier Foundation (EFF) has found that an overwhelming majority of web browsers have unique signatures -- creating identifiable "fingerprints" that could be used to track you as you surf the Internet.
The findings were the result of an experiment EFF conducted with volunteers who visited http://panopticlick.eff.org/. The website anonymously logged the configuration and version information from each participant's operating system, browser, and browser plug-ins -- information that websites routinely access each time you visit -- and compared that information to a database of configurations collected from almost a million other visitors. EFF found that 84% of the configuration combinations were unique and identifiable, creating unique and identifiable browser "fingerprints." Browsers with Adobe Flash or Java plug-ins installed were 94% unique and trackable.
Link: http://www.eff.org/press/releases
Friday, May 14, 2010
How to hide secret files in plain sight.
DOCX files were a thorn in the world's side for a few years, since Office 2007 users saved in that format by default while everyone else ignored their software updates, but they make hiding files super easy. Since DOCX files are just archives, you can easily unzip them, add your secret file, and then rezip with something like Hive Five winning 7-Zip. Office will give you an error if you try to open the document, but if its only purpose is to look inconspicuous, it doesn't really matter. You can just use a blank document with boring title and no one will be the wiser.
Link: http://www.tinkernut.com/archives/2094
Link: http://www.tinkernut.com/archives/2094
Indiana's Toxicology Chief resigns amid review, do other states have similar issues?
The head of the state department responsible for analyzing blood samples in drunken-driving cases resigned Wednesday amid a review of complaints, including long delays, sloppy work and failure to perform inspections required by law.
Those concerned with the department's performance told The Indianapolis Star this week that the problems have resulted in dismissed cases and an additional cost to taxpayers.
The department was also facing conflict-of-interest complaints because its website offers employees as expert witnesses who can be hired by defense attorneys.
The Star asked a spokeswoman Wednesday morning for an interview with Michael A. Wagner -- director of the Indiana State Department of Toxicology -- but in the afternoon the spokeswoman said Wagner had resigned "to devote more time to research." She said Indiana University could not offer more details because it's a personnel matter.
There is also potential for re-victimizing victims. Indianapolis defense attorney John L. Tompkins, who handles numerous impaired driving cases, said, "Imagine a DUI death and the family is waiting around to see if charges are filed."
Tompkins, who teaches blood-testing issues to lawyers for their continuing education requirements, said sloppy work is not unusual from the state Department of Toxicology.
Within the past few months, he said, blood-testing reports have come back showing clotted blood being used -- a mistake -- and incomplete documentation of the testing machine's calibration.
Link:
http://www.indystar.com/article/20100513/LOCAL/5130418/Toxicology-chief-resigns-amid-review
Those concerned with the department's performance told The Indianapolis Star this week that the problems have resulted in dismissed cases and an additional cost to taxpayers.
The department was also facing conflict-of-interest complaints because its website offers employees as expert witnesses who can be hired by defense attorneys.
The Star asked a spokeswoman Wednesday morning for an interview with Michael A. Wagner -- director of the Indiana State Department of Toxicology -- but in the afternoon the spokeswoman said Wagner had resigned "to devote more time to research." She said Indiana University could not offer more details because it's a personnel matter.
There is also potential for re-victimizing victims. Indianapolis defense attorney John L. Tompkins, who handles numerous impaired driving cases, said, "Imagine a DUI death and the family is waiting around to see if charges are filed."
Tompkins, who teaches blood-testing issues to lawyers for their continuing education requirements, said sloppy work is not unusual from the state Department of Toxicology.
Within the past few months, he said, blood-testing reports have come back showing clotted blood being used -- a mistake -- and incomplete documentation of the testing machine's calibration.
Link:
http://www.indystar.com/article/20100513/LOCAL/5130418/Toxicology-chief-resigns-amid-review
Wednesday, May 12, 2010
Mentally ill people are three times more likely to be incarcerated than hospitalized.
On average, a seriously mentally ill person in the USA is three times more likely to be incarcerated than hospitalized, a report concludes today.
In no state was a seriously mentally ill person — someone with schizophrenia or bipolar disorder, for example — less likely to be incarcerated than hospitalized, the report by the National Sheriffs' Association and the Treatment Advocacy Center found.
But there were wide variations among states. In North Dakota, a seriously mentally ill person was equally likely to be hospitalized as incarcerated. But in Nevada and Arizona, such a person was nearly 10 times more likely to be jailed than hospitalized.
"We're not trying to say this is a criminal population," says co-author James Pavle, executive director of the Treatment Advocacy Center, a non-profit based in Arlington, Va. "All they have to do is step over a line — public urination, a misdemeanor. Then they get in jail, and the whole thing can spin out of control."
The report was based on previously unpublished 2004-2005 data from the Department of Health and Human Services and the Bureau of Justice.
"These people should be getting treatment, not jail time," Pavle says.
Link: http://www.usatoday.com/news/health/2010-05-12-Jail12_ST_N.htm
In no state was a seriously mentally ill person — someone with schizophrenia or bipolar disorder, for example — less likely to be incarcerated than hospitalized, the report by the National Sheriffs' Association and the Treatment Advocacy Center found.
But there were wide variations among states. In North Dakota, a seriously mentally ill person was equally likely to be hospitalized as incarcerated. But in Nevada and Arizona, such a person was nearly 10 times more likely to be jailed than hospitalized.
"We're not trying to say this is a criminal population," says co-author James Pavle, executive director of the Treatment Advocacy Center, a non-profit based in Arlington, Va. "All they have to do is step over a line — public urination, a misdemeanor. Then they get in jail, and the whole thing can spin out of control."
The report was based on previously unpublished 2004-2005 data from the Department of Health and Human Services and the Bureau of Justice.
"These people should be getting treatment, not jail time," Pavle says.
Link: http://www.usatoday.com/news/health/2010-05-12-Jail12_ST_N.htm
Tuesday, May 11, 2010
Flawed DUI tests in Colorado lead to 206 errors to date and 9 DUI's tossed out.
Prosecutors had to dismiss or reduce nine drunken driving charges as a result of 206 errors a former Colorado Springs Metro Crime Lab forensic chemist made on cases dating back to 2007, authorities disclosed today.
Of the nine affected cases, seven resulted in DUI charges being dismissed while two resulted in lesser penalties, said 4th Judicial District Attorney Dan May. Five of the defendants spent time in jail. Two of those cases dated from 2007 and seven from 2009.
In December, the police department disclosed that in at least 82 cases, the lab findings were reported to be at levels higher than they actually were. By January, the number of flawed cases had grown to 167. They also found an additional 39 erroneous results from 2007. In all, the lab retested 7,892 blood alcohol cases dating back to 2006.
A partial set of documents obtained through an open records request by local DUI lawyer and former prosecutor Tim Bussey indicted that mistakes with the concentration of n-Propanol, a solvent used in the testing process, might have been responsible for the errors.
Crime Lab Supervisor Ian Fitch confirmed that the errors with the solvent were the root cause of the problem.
“Every person in the county needs to be concerned about that lab,” he said. “To simply blame it on one analyst is to ignore the fact that any lab is a system of checks and balances from the lab to the certifying agency, which in this case is the department of health.”
Link: http://www.gazette.com/articles/report-97354-police-discuss.html
Of the nine affected cases, seven resulted in DUI charges being dismissed while two resulted in lesser penalties, said 4th Judicial District Attorney Dan May. Five of the defendants spent time in jail. Two of those cases dated from 2007 and seven from 2009.
In December, the police department disclosed that in at least 82 cases, the lab findings were reported to be at levels higher than they actually were. By January, the number of flawed cases had grown to 167. They also found an additional 39 erroneous results from 2007. In all, the lab retested 7,892 blood alcohol cases dating back to 2006.
A partial set of documents obtained through an open records request by local DUI lawyer and former prosecutor Tim Bussey indicted that mistakes with the concentration of n-Propanol, a solvent used in the testing process, might have been responsible for the errors.
Crime Lab Supervisor Ian Fitch confirmed that the errors with the solvent were the root cause of the problem.
“Every person in the county needs to be concerned about that lab,” he said. “To simply blame it on one analyst is to ignore the fact that any lab is a system of checks and balances from the lab to the certifying agency, which in this case is the department of health.”
Link: http://www.gazette.com/articles/report-97354-police-discuss.html
Monday, May 10, 2010
Dog scent evidence thrown out in capital case in Houston.
A state district judge on Tuesday threw out dog scent evidence in a pending capital murder case, saying it is not reliable.
Judge Clifford Vacek said the evidence-gathering technique, in which a specially trained dog matches a suspect’s scent to items from a crime scene, is not advanced enough.
"It’s just not quite there yet," he said.
Attorneys for a Houston man accused of killing a Fort Bend couple two years ago asked the judge last week to throw out the evidence, calling it "junk science."
Vacek made his ruling after a pre-trial hearing that lasted three days.
"Since we don’t have the ability to verify the results or to repeat the tests, this court finds that this type of test is not reliable enough, and, therefore, it is not admissible," Vacek ruled.
He used a hunting analogy to make his point.
"For example, when the dogs are baying on a trail and you’re coon hunting, you assume that they’re after a coon. And when you get to the tree, and they’re baying up a tree, you assume they’ve got a coon there, because that’s what they’ve been trained to do, but you can look up in the tree and verify it," Vacek said. "Scent lineups present a unique problem, and that is verifying the result."
Link:
http://www.ultimatefortbend.com/2010/05/dog-scent-evidence-thrown-out-capital-case
Judge Clifford Vacek said the evidence-gathering technique, in which a specially trained dog matches a suspect’s scent to items from a crime scene, is not advanced enough.
"It’s just not quite there yet," he said.
Attorneys for a Houston man accused of killing a Fort Bend couple two years ago asked the judge last week to throw out the evidence, calling it "junk science."
Vacek made his ruling after a pre-trial hearing that lasted three days.
"Since we don’t have the ability to verify the results or to repeat the tests, this court finds that this type of test is not reliable enough, and, therefore, it is not admissible," Vacek ruled.
He used a hunting analogy to make his point.
"For example, when the dogs are baying on a trail and you’re coon hunting, you assume that they’re after a coon. And when you get to the tree, and they’re baying up a tree, you assume they’ve got a coon there, because that’s what they’ve been trained to do, but you can look up in the tree and verify it," Vacek said. "Scent lineups present a unique problem, and that is verifying the result."
Link:
http://www.ultimatefortbend.com/2010/05/dog-scent-evidence-thrown-out-capital-case
Friday, May 7, 2010
How Congress Is Eroding the Criminal Intent Requirement in Federal Law.
A core principle of the American system of justice is that no one should be subjected to criminal punishment for conduct that he did not know was illegal or otherwise wrongful.
• This principle of fair notice, which has been a cornerstone of our criminal justice system since the nation’s founding, is embodied in the requirement that, with rare exceptions, the government must prove the defendant acted with mens rea—a “guilty mind”—before subjecting him to
criminal punishment.
• Members of the 109th Congress (2005–2006) proposed 446 criminal offenses that did not involve violence, firearms, drugs and drug trafficking, pornography, or immigration violations.
• Of these 446 proposed non-violent criminal offenses, 57 percent lacked an adequate mens rea requirement. Worse, during the 109th Congress, 23 new criminal offenses that lack an adequate mens rea requirement were enacted into law.
• Congress’s expertise for crafting criminal offenses resides in the House and Senate Judiciary Committees. Only these committees have express jurisdiction over federal criminal law, yet of the 446 criminal offenses studied, over one-half were not sent to the House or Senate Judiciary
Committees for review and deliberation.
• By consistently neglecting the special expertise of the two judiciary committees when drafting criminal offenses, Congress is endangering civil liberties.
• Without reforms like those recommended in this report, innocent individuals are at risk of unjust conviction under federal criminal offenses that have inadequate mens rea requirements.
Link: http://www.heritage.org/Research/Reports/2010/05/Without-Intent
• This principle of fair notice, which has been a cornerstone of our criminal justice system since the nation’s founding, is embodied in the requirement that, with rare exceptions, the government must prove the defendant acted with mens rea—a “guilty mind”—before subjecting him to
criminal punishment.
• Members of the 109th Congress (2005–2006) proposed 446 criminal offenses that did not involve violence, firearms, drugs and drug trafficking, pornography, or immigration violations.
• Of these 446 proposed non-violent criminal offenses, 57 percent lacked an adequate mens rea requirement. Worse, during the 109th Congress, 23 new criminal offenses that lack an adequate mens rea requirement were enacted into law.
• Congress’s expertise for crafting criminal offenses resides in the House and Senate Judiciary Committees. Only these committees have express jurisdiction over federal criminal law, yet of the 446 criminal offenses studied, over one-half were not sent to the House or Senate Judiciary
Committees for review and deliberation.
• By consistently neglecting the special expertise of the two judiciary committees when drafting criminal offenses, Congress is endangering civil liberties.
• Without reforms like those recommended in this report, innocent individuals are at risk of unjust conviction under federal criminal offenses that have inadequate mens rea requirements.
Link: http://www.heritage.org/Research/Reports/2010/05/Without-Intent
Will Homeland Security intelligence target all U. S. citizens?
A Department of Homeland Security official said Secretary Janet Napolitano has been looking to improve the use of intelligence in screening airline passengers, including U.S. citizens.
The same question is circulating on Capitol Hill. "We're exploring it," said Rep. Jane Harman, a California Democrat who chairs the Homeland Security subcommittee on intelligence. "This is an extremely hard question."
The agency with perhaps the greatest leeway to gather information that might indicate ill intentions from individuals who aren't already on a watch list is Homeland Security's Customs and Border Protection agency, which can question anyone to determine whether they are a threat when entering the U.S.
"How do you do that with people who are living in this country, who are naturalized citizens or are born here?" said a U.S. counterterrorism official. "That's exactly the challenge were trying to think through."
Link:
http://online.wsj.com/article/SB10001424052748703686304575228671651807624.html?mod=WSJ_hpp_sections_news
The same question is circulating on Capitol Hill. "We're exploring it," said Rep. Jane Harman, a California Democrat who chairs the Homeland Security subcommittee on intelligence. "This is an extremely hard question."
The agency with perhaps the greatest leeway to gather information that might indicate ill intentions from individuals who aren't already on a watch list is Homeland Security's Customs and Border Protection agency, which can question anyone to determine whether they are a threat when entering the U.S.
"How do you do that with people who are living in this country, who are naturalized citizens or are born here?" said a U.S. counterterrorism official. "That's exactly the challenge were trying to think through."
Link:
http://online.wsj.com/article/SB10001424052748703686304575228671651807624.html?mod=WSJ_hpp_sections_news
A Spokeo search can divulge your personal information, use this link to remove your name etc.
Link: http://www.spokeo.com/privacy
Thursday, May 6, 2010
The American Statistical Association supports reform of our country's forensic science system.
The American Statistical Association (ASA) Board of Directors endorsed the recommendations of the 2009 National Academies’ report, Strengthening Forensic Science in the United States: A Path Forward.
The report identified many serious deficiencies in the nation's forensic science system and called for major reforms and new research. It came after years of critiques of specific forensic science practices as well as calls for reform, but especially broke new ground by offering a comprehensive review of the forensic science system and adding the authority of the National Academies to the issue.
Link: http://www.amstat.org/outreach/pdfs/Forensic_Science_Endorsement.pdf
The report identified many serious deficiencies in the nation's forensic science system and called for major reforms and new research. It came after years of critiques of specific forensic science practices as well as calls for reform, but especially broke new ground by offering a comprehensive review of the forensic science system and adding the authority of the National Academies to the issue.
Link: http://www.amstat.org/outreach/pdfs/Forensic_Science_Endorsement.pdf
Security hole in Facebook allows you to view your friends live chats.
By Steve O' Hear:
"Today I was tipped off that there is a major security flaw in the social networking site that, with just a few mouse clicks, enables any user to view the live chats of their ‘friends’. Using what sounds like a simple trick, a user can also access their friends’ latest pending friend-requests and which friends they share in common. That’s a lot of potentially sensitive information.
Unbelievable I thought, until I just tested the exploit for myself.
And guess what? It works.
The irony is that the exploit is enabled by they way that Facebook lets you preview your own privacy settings. In other words, a privacy feature contains a flaw that lets others view private information if they are aware of the exploit."
Link:
http://eu.techcrunch.com/2010/05/05/video-major-facebook-security-hole-lets-you-view-your-friends-live-chats/
"Today I was tipped off that there is a major security flaw in the social networking site that, with just a few mouse clicks, enables any user to view the live chats of their ‘friends’. Using what sounds like a simple trick, a user can also access their friends’ latest pending friend-requests and which friends they share in common. That’s a lot of potentially sensitive information.
Unbelievable I thought, until I just tested the exploit for myself.
And guess what? It works.
The irony is that the exploit is enabled by they way that Facebook lets you preview your own privacy settings. In other words, a privacy feature contains a flaw that lets others view private information if they are aware of the exploit."
Link:
http://eu.techcrunch.com/2010/05/05/video-major-facebook-security-hole-lets-you-view-your-friends-live-chats/
Top 10 Secrets of Effective Liars
By Jeff Wise
"As I've written earlier, human beings have an innate skill at dishonesty. And with good reason: being able to manipulate the expectations of those around us is a key survival trait for social animals like ourselves. Indeed, a 1999 study by psychologist Robert Feldman at the University of Massachusetts showed that the most popular kids were also the most effective liars. Just because our aptitude is hardwired doesn't mean it can't improve with practice and skill. Here are ten techniques that top-notch liars use to maximize their effectiveness."
Link:
http://www.psychologytoday.com/blog/extreme-fear/201005/top-10-secrets-effective-liars
"As I've written earlier, human beings have an innate skill at dishonesty. And with good reason: being able to manipulate the expectations of those around us is a key survival trait for social animals like ourselves. Indeed, a 1999 study by psychologist Robert Feldman at the University of Massachusetts showed that the most popular kids were also the most effective liars. Just because our aptitude is hardwired doesn't mean it can't improve with practice and skill. Here are ten techniques that top-notch liars use to maximize their effectiveness."
Link:
http://www.psychologytoday.com/blog/extreme-fear/201005/top-10-secrets-effective-liars
Wednesday, May 5, 2010
Are retail store thefts in the U. S. a result of organized crime rings?
According to the National Retail Federation, 92 percent of retailers said their companies were victims of organized retail crime in 2009. Experts say that as the economy has weakened, shoplifting has increased.
“The stores are not going to give it away free and continue to take the loss," said Gary Frechette, director of security at Gardens Mall. "They’re just going to pass it on new customers."
There are a variety of types of shoplifters, from juveniles to professionals, who spend weeks hitting malls across the state. They travel for hours to different malls along I-95 to get as many items as they can from different stores.
“We also get the real professionals that are looking for just one thing to steal, and most of the time that’s an item from the high-end stores like Gucci, Chanel or Michael Kors,” Frechette said.
Another factor complicating the prosecution of shoplifters is the liability companies have if a customer harms an employee. Most companies have policies that bar employees from accusing someone of shoplifting, even if that employee sees a crime being committed.
Link:
http://upiu.com/articles/retail-stores%E2%80%99-policies-benefit-shoplifters
“The stores are not going to give it away free and continue to take the loss," said Gary Frechette, director of security at Gardens Mall. "They’re just going to pass it on new customers."
There are a variety of types of shoplifters, from juveniles to professionals, who spend weeks hitting malls across the state. They travel for hours to different malls along I-95 to get as many items as they can from different stores.
“We also get the real professionals that are looking for just one thing to steal, and most of the time that’s an item from the high-end stores like Gucci, Chanel or Michael Kors,” Frechette said.
Another factor complicating the prosecution of shoplifters is the liability companies have if a customer harms an employee. Most companies have policies that bar employees from accusing someone of shoplifting, even if that employee sees a crime being committed.
Link:
http://upiu.com/articles/retail-stores%E2%80%99-policies-benefit-shoplifters
Tuesday, May 4, 2010
A national database for anyone who needs a perscription.
Forty states have passed legislation to allow prescription drug monitoring programs, but only 34 are operating.
Under the National All Schedules Prescription Electronic Reporting Act signed by President Bush in 2005, more than $50 million has been appropriated to states for programs where doctors and other authorized users, such as police in some cases, can access patient records.
The law aims to have a coordinated national system, but there are no estimates what that would cost and a majority of the federal money hasn't been allocated.
Some privacy groups are concerned databases could invade patients' privacy. Virginia's database was hacked into in April 2009 and millions of electronic records were stolen by a thief still at large.
"There is a significant intrusion into the lives of individuals who are taking these medications legitimately," said Pam Dixon of World Privacy Forum, a nonprofit public interest research group. "There needs to be more restrictions about who can access this information."
Link: http://abcnews.go.com/Technology/wireStory?id=10537736
Under the National All Schedules Prescription Electronic Reporting Act signed by President Bush in 2005, more than $50 million has been appropriated to states for programs where doctors and other authorized users, such as police in some cases, can access patient records.
The law aims to have a coordinated national system, but there are no estimates what that would cost and a majority of the federal money hasn't been allocated.
Some privacy groups are concerned databases could invade patients' privacy. Virginia's database was hacked into in April 2009 and millions of electronic records were stolen by a thief still at large.
"There is a significant intrusion into the lives of individuals who are taking these medications legitimately," said Pam Dixon of World Privacy Forum, a nonprofit public interest research group. "There needs to be more restrictions about who can access this information."
Link: http://abcnews.go.com/Technology/wireStory?id=10537736
Monday, May 3, 2010
Stolen Facebook Accounts for sale across the U. S.
Researchers at VeriSign’s iDefense division tracking the digital underworld say bogus and stolen accounts on the Facebook are now on sale in high volume on the black market, Riva Richmond reports in The New York Times.
During several weeks in February, iDefense tracked an effort to sell log-in data for 1.5 million Facebook accounts on several online criminal marketplaces, including one called Carder.su.
That hacker, who used the screen name “kirllos” and appears to deal only in Facebook accounts, offered to sell bundles of 1,000 accounts with 10 or fewer friends for $25 and with more than 10 friends for $45, says Rick Howard, iDefense’s director of cyber intelligence.
The case points to a significant expansion in the illicit market for social networking accounts, he says.
“We’re seeing this activity spread over to the U.S.,” he said.
Link:
http://dealbook.blogs.nytimes.com/2010/05/03/stolen-facebook-accounts-for-sale/?src=busln
During several weeks in February, iDefense tracked an effort to sell log-in data for 1.5 million Facebook accounts on several online criminal marketplaces, including one called Carder.su.
That hacker, who used the screen name “kirllos” and appears to deal only in Facebook accounts, offered to sell bundles of 1,000 accounts with 10 or fewer friends for $25 and with more than 10 friends for $45, says Rick Howard, iDefense’s director of cyber intelligence.
The case points to a significant expansion in the illicit market for social networking accounts, he says.
“We’re seeing this activity spread over to the U.S.,” he said.
Link:
http://dealbook.blogs.nytimes.com/2010/05/03/stolen-facebook-accounts-for-sale/?src=busln
Campaign contributions are difficult to track.
In January, the United States Supreme Court overturned limits on corporate election spending, basing its decision, in part, on the assertion that campaign finance records are more open and accessible than ever before.
"With the advent of the Internet, disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters," Justice Anthony Kennedy wrote in the court’s majority opinion.
ProPublica decided to test this premise as we pored over campaign contribution filings to tell the story, co-published on April 16 in the Washington Post, of 16 lawmakers who held fundraisers at two Bruce Springsteen concerts last year, many of them in sky boxes rented from companies and special interests. We wanted to know if the records the court had referenced could show us who was getting face time with lawmakers at these pricey events, information that’s key to determining whether special access was influencing legislative decisions.
While we found many records online, none of them clearly indentified those who attended the fundraisers or how much money was raised. At best, we ended up with a handful of possible attendees. At worst, we were left with no clues at all.
The Federal Election Commission requires politicians to disclose the dates and amounts of contributions they receive in periodic reports. Corporate and special interest political action committees (PACs) are also required to file reports with the FEC, disclosing the money they contribute. "In a perfect world, they match up," FEC spokesperson Mary Brandenberger told ProPublica.
Link:
http://www.propublica.org/feature/campaign-contribution-records-are-open-but-hardly-transparent
"With the advent of the Internet, disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters," Justice Anthony Kennedy wrote in the court’s majority opinion.
ProPublica decided to test this premise as we pored over campaign contribution filings to tell the story, co-published on April 16 in the Washington Post, of 16 lawmakers who held fundraisers at two Bruce Springsteen concerts last year, many of them in sky boxes rented from companies and special interests. We wanted to know if the records the court had referenced could show us who was getting face time with lawmakers at these pricey events, information that’s key to determining whether special access was influencing legislative decisions.
While we found many records online, none of them clearly indentified those who attended the fundraisers or how much money was raised. At best, we ended up with a handful of possible attendees. At worst, we were left with no clues at all.
The Federal Election Commission requires politicians to disclose the dates and amounts of contributions they receive in periodic reports. Corporate and special interest political action committees (PACs) are also required to file reports with the FEC, disclosing the money they contribute. "In a perfect world, they match up," FEC spokesperson Mary Brandenberger told ProPublica.
Link:
http://www.propublica.org/feature/campaign-contribution-records-are-open-but-hardly-transparent
Wiretaps across the country rise 26%.
Federal and state courts authorized 2,376 wiretaps in 2009, a 26 percent increase over the previous year, says a new report from the Administrative Office of the U.S. Courts Most of the taps–1,713–were state-initiated, based on reports from 24 states. Wiretaps were in operation an average of 42 days per wiretap in 2009, compared with 41 days in 2008. California, New York State, and New Jersey accounted for 71 percent of the state taps. Drugs were the most serious charge mentioned in 86 percent of wiretap applications.
The average number of persons whose communications were intercepted rose from 92 per wiretap in 2008 to 113 per wiretap in 2009. The average percentage of intercepted communications that were incriminating remained unchanged at 19 percent in 2009.
Link: http://www.uscourts.gov/wiretap09/2009Wiretaptext.pdf
The average number of persons whose communications were intercepted rose from 92 per wiretap in 2008 to 113 per wiretap in 2009. The average percentage of intercepted communications that were incriminating remained unchanged at 19 percent in 2009.
Link: http://www.uscourts.gov/wiretap09/2009Wiretaptext.pdf
Sunday, May 2, 2010
Are we living in a police state? Watch the full length DVD on this blog.
Police State 4: The Rise of FEMA.
Links:
http://thefinalredoubt.blogspot.com/2010/04/police-state-4-rise-of-fema.html
http://www.infowars.com/
Links:
http://thefinalredoubt.blogspot.com/2010/04/police-state-4-rise-of-fema.html
http://www.infowars.com/
Saturday, May 1, 2010
Tyler Sanchez from Denver, Colorado could use a private investigator's services.
"I'll keep writing about the case against Tyler Sanchez until someone in Douglas County speaks out about People's Exhibit #1.
Sanchez, 19, will face trial for a break-in and sexual assault that common sense and a motherlode of evidence suggest he didn't commit.
The system failed him when Parker police hauled him in last summer, ostensibly related to a string of burglaries in the Stonegate neighborhood.
It failed him again when — ignoring signs that he is hearing-impaired and mentally disabled— sheriff's deputies turned the questioning into a 17-hour interrogation about the unsolved assault. An 8-year-old reported being fondled by an intruder who climbed through a second-story window of her family's home in the housing tract a week earlier.
It kept failing him when prosecutors continued pressing charges despite serious holes in the case described by Judge Susanna Meissner- Cutler as "contradictions," "inconsistencies" and "speculations." Among those is the fact that the thin redhead looks nothing like the older, bigger, brown-haired intruder described by the victim. Oh, and that DA Carol Chambers asserts that nothing is proved by the fact that DNA analysis of the girl's panties — the key physical evidence — shows the profiles of two men, neither of them Sanchez. She also disputes that he is cognitively delayed."
Link: http://www.denverpost.com/greene/ci_14980001
Sanchez, 19, will face trial for a break-in and sexual assault that common sense and a motherlode of evidence suggest he didn't commit.
The system failed him when Parker police hauled him in last summer, ostensibly related to a string of burglaries in the Stonegate neighborhood.
It failed him again when — ignoring signs that he is hearing-impaired and mentally disabled— sheriff's deputies turned the questioning into a 17-hour interrogation about the unsolved assault. An 8-year-old reported being fondled by an intruder who climbed through a second-story window of her family's home in the housing tract a week earlier.
It kept failing him when prosecutors continued pressing charges despite serious holes in the case described by Judge Susanna Meissner- Cutler as "contradictions," "inconsistencies" and "speculations." Among those is the fact that the thin redhead looks nothing like the older, bigger, brown-haired intruder described by the victim. Oh, and that DA Carol Chambers asserts that nothing is proved by the fact that DNA analysis of the girl's panties — the key physical evidence — shows the profiles of two men, neither of them Sanchez. She also disputes that he is cognitively delayed."
Link: http://www.denverpost.com/greene/ci_14980001
A waitress on disablity is caught stripping by private investigators.
A Quakertown waitress who was on disability for a back injury that she claimed prevented her from standing and changing positions had no problem positioning herself on a stripper pole, authorities say.
Christina Gamble, 43, of 2 Braxton Court was arrested on charges of workers compensations fraud after private investigators watched her strip at C.R. Fanny’s Gentleman’s Club while reaping disability benefits, reports the Morning Call.
Link:
http://www.nbcphiladelphia.com/news/local-beat/Waitress-on-Disability-Caught-Stripping-92442919.html
Christina Gamble, 43, of 2 Braxton Court was arrested on charges of workers compensations fraud after private investigators watched her strip at C.R. Fanny’s Gentleman’s Club while reaping disability benefits, reports the Morning Call.
Link:
http://www.nbcphiladelphia.com/news/local-beat/Waitress-on-Disability-Caught-Stripping-92442919.html
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