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July 31th 2016 Newsletter
 
 
 
Gangster Thug Baby Subjects Peace Officers to Stress and Suffering
 
Infant is to Blame for Deliberate Criminal Conduct, Assumption of Risk,
and Failure to Avoid Consequences
 
So said the response filed by lawyers representing the officers and the Habersham County Sheriff Department.  Infant Bou-Bou Phonesavanh, who we wrote about last year, was the lead plaintiff in a lawsuit attempting to recover about a million dollars in medical bills caused by a flash bang grenade thrown into Bou Bou’s crib.  Below is the relevant part of the filing:
 
 
TENTHDEFENSE
To the extent as may be shown by the evidence through discovery, plaintiffs'injuries and damages, if any, were caused by the deliberate, criminal conduct of  plaintiffs, and such criminal conduct supersedes any and all negligence or liability,if any, on the part of these defendants.
 
ELEVENTHDEFENSE
To the extent as may be shown by the evidence through discovery, these defendants also assert the affirmatives defenses of assumption of the risk, failure to avoid consequences, laches, failure to mitigate damages, last clear chance and sudden emergency
 
 
Bou Bou’s family had been staying at the house after their own home burned to the ground.   The infant was about 18 months old, couldn’t speak, walking wobble legged but that didn’t stop the Sheriff’s lawyers from claiming “deliberate criminal conduct” that justified the 2:00 am no knock warrant.    Merely by sleeping in a home the baby exposed himself to having a flash bang grenade  thrown into his crib.  Burning at 2000 to 3500 degrees Fahrenheit the flash bag grenade is considered a destructive device by the ATF.    Bou Bou actually impeded the trajectory of that grenade, refused to flee from his crib, and thus failed to avoid the consequences of the SWAT Team attack.
 
 
An anonymous tip that $50.00 in drugs had been sold led to the 2:00am home invasion in Cornelia Georgia.  Nothing illegal was found in the raid.  The front yard littered with toys was ignored by the officers and while the search warrant was issued in the early afternoon no effort was made to watch the home to determine if the suspect was present or if there were any children living in the home.  Like the Waco debacle, the local sheriff had ample opportunities to arrest the suspect during daylight hours and without violence and as the suspect was not present at the time of the raid the entire home invasion was ill conceived and ill led.  Wanis Thonetheva was the suspect named in the warrant and was arrested a few hours later without incident.
 
 
Initially the father of the child had noticed the empty crib along with the blood.   Having been thrown to the floor and shackled the parents were not allowed to check on the screaming child and the child was seized and taken away for emergency treatment, allegedly for a dislodged tooth.  The parents weren’t told of the horrific injuries caused by the exploding grenade and only found out much later when they found out that the child was in a coma.  In fact the child suffered severe blast injuries and burns to the face and chest, with twenty percent of the upper lip missing, nose separated from the bones, and a large burn into the chest.
 
 
Dislodged tooth or blown off face it was determined by the Sheriff office that the baby was responsible for its injuries.  Named as the lead plaintiff in the federal lawsuit the lawyers set out to prove to the court that Bou Bou was indeed responsible for not foreseeing the possibility that a SWAT team wouldn’t attack at 2:00 am.  The idea was to claim that the criminal conduct of Bou Bou superseded any negligence and liability of those attacking the home.
 
 
Anonymous tip from a petty criminal, no evidence of any illegal activity found in the raid, home torn apart, baby burned badly and nearly killed and no one is to blame except for the victims.  A local Grand Jury had refused to hold the Sheriff and SWAT team members accountable and the county government reneged on a promise to pay the million dollars in medical bills so the family filed suit.
 
 
 
 
EPA Loses one Pond Prosecution
but Sends another Pond Builder to Federal Prison
 
Wasn’t too long ago that Andy Johnson of Wyoming won his case against the EPA over the farm pond he built.    The stock pond was declared illegal by the EPA and Johnson was threatened with finds of $37,500 per day till it was removed.  Well the EPA settled that case and the pond is still there.
 
 
But that was one of dozens of cases where the EPA and various federal agencies are cracking down on land owners and mineral lease owners all across the west.   Joe Roberson of Basin Montana had a different outcome.  Joe had build a few ground water ponds, not in a stream, but built to capture water flowing off a hill and storing the water for stock use and for fire fighting.  They own 200 acres in the mountains and have a patented mining claim.  One of their sources of income is a very large Freightliner water tender, an enormous water truck that is used to support fire fighting in the area.
 
 
Joe’s first scrapes with the Forestry Service came when he repaired the road leading to his private property.  Agenda 21 is the official game plan of the Federal government and anything that allows rural homesteaders to stay on or develop the land they own is frowned upon.  Joe’s stock ponds are about one tenth of an acre, around 4500 feet, but Joe has been convicted of discharging pollutants into the Jefferson River despite the river being 60 miles away.
The first trial ended in a hung jury after the federally funded public defender refused to call the expert witnesses
 
 
The first trial was held last year and ended in a hung jury. It would probably have concluded in favor of Mr. Robertson had the federal defender presented all of the evidence. Yet, the defense, Michael Donahoe, refused to call any expert witnesses or use the environmental impact report that said the ponds did not violate the law as there was no stream from the Robertson pond to any tributary that might flow into the Jefferson River.  Instead the defense attorney chose to rely upon the EPA report, the same EPA that was prosecuting his client!   A second report done by Kagel Environmental LLC said that the land was improved by the ponds and could not pollute any streams or rivers.
 
 
This is murky legal territory.   The language used by the EPA is that any watershed that might eventually flow into a stream that is navigable leads to EPA regulation of that watershed.  As in a single drop of rain falls and eventually winds up in a river.   The EPA has seized upon a comment by Justice Kennedy in a decision where the majority ruled that wetlands and intermittent streams were not regulated by the EPA.
 
 
Worse was after the first hung jury trail the plaintiffs were asked to travel long distance to meet at the office of their federally  funded public defender and upon returning they caught two EPA agents trying to drain one of their ponds in an attempt to see if the water would flow the 60 miles  to the Jefferson River.  The second trial ended in a conviction for discharging pollution into the Jefferson River and earned a 15 year prison sentence and about $130,000 in fines.  The 77 year old disabled Navy veteran now faces life in prison and forfeiture of his property.
 
 
It wasn’t that long ago that the federal government actually funded watershed projects.  If you had suitable land the feds would pay a large part of the construction cost for huge watershed lakes that were intended to trap millions of gallons of rain water and slowly release the excess through a spillway.  In return the land owner had to allow people to fish in the lake.  Small ponds could be built too, anything to slow down the torrent of rain water that caused the rivers to flood downstream.  In fact, the Soil and Water Conservation Service still funds these watershed ponds and lakes.  Oklahoma has over 2,000 of these ponds and lakes.
 
 
What this is really about is mining claims.  They are privately owned and the feds want them back.  It is no different with the Bundy ranch or the Hammonds up in Oregon.  The goal is to drive people from the land and into the cities where it is cheaper to provide services and easier to control everyone.
 
 
 
Doctors Don’t Make Much Money off Vaccinations
Or so we Were Told….
 
You gotta follow the money if you want to find the truth on something.   We were told that doctors were above board in supporting forced vaccination of children and that they certainly didn’t make very much money off the vaccinations but it turns out they really, really, make a lot of cash vaccinating kids.
 
Blue Cross Blue Shield actually pays $400 per child that is completely vaccinated before 2 years of age.     A pediatrician with 200 new incoming patients a year can earn a cool $80,000 and as someone that once made storage racks for a pediatrician, let me tell you a good one has a lot more than 200 new patients a year.    This fact was dug up after people started noticing a trend for pediatricians refusing to serve unvaccinated children.  It turns out that there is a target of 63% of vaccinated kids needed before the cash bonus kicks in.
 
By federal law vaccine companies can’t pay kickbacks directly to the doctors but they can fund the insurance companies to do the same thing.  There are various loopholes where ad budgets and even vacations can be set up for staff members in return for pushing the vaccines so some pressure is there to vaccinate kids over the objection s of the parents.  Even better from their perspective, a vaccine damaged kid is a long term patient, another source of income, and the vaccine companies are shielded from the costs by the federal government.
 
 
 
We Don’t Need No Stinking Reasons
 
 

We all want to catch the bad buys, right?  And LEO need a lot of leeway to make us safe, right?  And there are tough guidelines and protections built into the system to avoid abuse, right?
Turns out the feds or your local law enforcement officer don’t need a shed of evidence to put you on a terrorist watch list.  The feds say that neither “concrete facts’ nor ‘irrefutable evidence” are needed  to designate someone as a terrorist:
 
 
“In determining whether a REASONABLE SUSPICION exists, due weight should be given to the specific reasonable inferences that a NOMINATOR is entitled to draw from the facts in light of his/her experience and not on unfounded suspicions or hunches. Although irrefutable evidence or concrete facts are not necessary, to be reasonable, suspicion should be as clear and as fully developed as circumstances permit,”
 
Wow!     Rather than make a list of known terrorist the feds build a huge system believed to be able to predict the propensity of a person to commit a terror act.   Like in the movie Minority Report they think they can tell who is going to be bad but in reality it is designed to sweep up anyone that bucks the system along with entire categories of people.  Social media postings are enough to get you placed on a watch list or even the no fly list.
 
 “Single source information,” the guidelines state, “including but not limited to ‘walk-in,’ ‘write-in,’ or postings on social media sites, however, should not automatically be discounted … the NOMINATING AGENCY should evaluate the credibility of the source, as well as the nature and specificity of the information, and nominate even if that source is uncorroborated.”
The document in the link above is not classified but  US Attorney General Eric Holder wrote in an affidavit, that the Watchinglist Guidance “contains national security information that, if disclosed … could cause significant harm to national security.”
 
 

 
A Hero Cop outs a Coward Cop
 
We do enough stories that are critical of LEO so when we see a story of a cop going above and beyond we also like to report it.  In this story though the cop paid for his honesty.  Teax Police officer Michael Kelly reported that other local LEO attempted to cover up the facts in the Sandra Bland arrest last summer.  Bland allegedly committed suicide in her cell after she was roughed up and arrested.
 
 
The officer reported that supervisors edited his police report that was critical of the state trooper that had initially arrested Bland and that he had been threatened by the local prosecutor for speaking out about what had really happened that day.  Bland was arrested for assaulting trooper Brian Encinia but officer Kelly reported that when he arrived on the scene the woman was already in handcuffs in the back of the trooper’s car.  Kelly overheard the trooper saying he didn’t know what to charge the woman with but that he would come up with something.  The trooper had also turned off his body camera.  Officer Kelly told the media that the trooper had messed up, had no probable cause to arrest the woman after completing the traffic ticket.   Kelly’s two page report was edited down to less than one page and entered into the record without his approval.    Attempts to testify before the grand jury hearing the case were rebuffed by the prosecutor with Kelly being told “it wouldn’t be good for your career” and that he might wind up “beneath the jail” if he testified.
 
 
A few months later Kelly was charged by the same prosecutor for allegedly using a Taser on a local city councilman
Kelley, a 33-year-old officer with the Prairie View Police Department since 2014, is an embattled figure himself. He was indicted for allegedly misusing a Taser on a black Prairie View city councilman, named Jonathan Miller, who didn’t comply with police orders in October last year. The body camera footage showed the city councilman attempting to defend some friends of his that were being questioned by Kelly and another black officer.  The councilman refused to step away and when told he was under arrest for interfering he refused to comply with both officer’s demand.  After being warned Kelley used the Taser on the man and arrested him for interfering with a police officer.
 
The trooper  that arrested Bland was ultimately fired and indicted over lying about the arrest to the Grand Jury.  Kelly claims that the indictment over the Taser incident was payback for speaking out about the Bland arrest.
 
 
The Bland  arrest started out of an alleged failure to signal a lane change, an obviously patent fishing expedition by the trooper.  The trooper gathers license and insurance papers and goes back to write a warning ticket to Bland.   The trooper returns with the ticket for Bland to sign which she does and after the trooper asks if she is “okay” and seems upset Bland calmly explains that yes she is upset because she is being harassed, all done in a very calm manner.  At that point the trooper asks Bland to put out her cigarette, Bland says “No, I am in my car and I don’t have to put out my cigarette.”  At that point the trooper told Bland to step out of the car and Bland refused.
 
 
At this point the trooper had zero reason to detain Bland.   He had written the ticket that was for the purpose of the stop and had no lawful reason to ask questions or detain Bland.    Bland asks what she is being arrested for after being told she was under arrest and the trooper pauses for a few seconds but refuses to answer.    The trooper pulls his Taser and threatens to “light her up” and Bland exits the car.  At this point the trooper orders Bland over to the right out of the range of the camera and gets upset that Bland is recording the abuse on her cell phone.   Bland complies with the order to lay her phone down but continues to ask why she is being arrested over a failure to use a turn signal.
 
 
Bland is talking back, no doubt and it is obvious that she has gotten under the troopers skin because she is right.   Listening to the video it is obvious that she is handcuffed.   The trooper tells Bland that before she was getting a warning but now she was going to jail.  Bystanders gather and the trooper orders them to leave.   At one point the trooper tells Bland that she is going to jail for resisting arrest for a warning  ticket.  The trooper searches Bland’s car after backup arrive, which was what he wanted to do in the first place.
 
 
Bland was transported to jail and her car was towed.  As the tow truck is loading the car you can hear the trooper giving his version of what happened, claiming she was flailing around with her arms and stomping around, causing him to detain her.   The fact is that the woman was sitting in her car when she was arrested.  
 
The trooper then lies to his supervisor on the phone, claiming the traffic stop was not completed, that they were in the middle of the traffic stop.  The fact is that he had issued the ticket and Bland was signing the ticket when the trooper demanded she put out her cigarette.   He continues to lie, claiming that Bland was cursing him before the arrest when in fact she was upset but very calm and professional up to the point she was ordered out of the car.  He starts talking about assault charges yet the arrest came before any alleged assault occurred.  Next the trooper starts reading from a list of offenses about resisting arrest, it is obvious that he is searching for a reason to arrest the woman.  But again, the trooper told the woman that she was under arrest when he pulled her out of the car.   Then he lies again claiming he never told the woman she was under arrest!  
 
 
  At around 30 minutes into the video the trooper claims the reason he pulled her out of the car was because she was upset over the ticket.  He repeats the claim that he didn’t tell her she was under arrest until he had her over on the sidewalk.  At this point he is trying to cover his butt and provide an excuse for arresting Bland but the video shows it as clear as a bell, she was arrested because she was upset over the warning ticket and dared to tell the officer that.
 
 
At some point in the conversation de-escalation was brought up by the supervisor so it is good that the supervisor was asking and concerned that an attempt was made to deescalate.  But it is clear that contempt of cop was the reason for arrest.
 
 
Bland was definitely a confrontational person, not the type that would kill themselves after three days in jail.  She knew her rights and demanded they be respected and had no problem telling the trooper that he was scared, even called him a pu**y on several occasions.    It is hard to believe that she would commit suicide in jail.
 
 
 
And a Prosecutor that Gets it and is Trying to Set Things Right
 

A Texas cop was arrested on July 13th after drunkenly firing his service pistol at a church.  Police body camera footage showed Deputy William Cox crying and complaining about the cop shootings in Dallas while using racial slurs.  Cox admitted that he got drunk and fired into the church and he was arrested for deadly conduct and jailed at the Ellis County Jail.  The pastor of the church then signed an affidavit of non prosecution and the deputy was released..
 
 
Luckily Ellis County District Attorney Patrick Wilson is upset with this.  It seems that the jail refuses to release the mug shot of the deputy and that the dropping of the charges was favoritism.   A local TV station reported this quote from Wilson:
 
 
 “The criticism being lobbed against law enforcement and the criminal justice community in general in our community and our society today the foundation of that criticism is what’s illustrated in this case,” said Wilson. “And that is favoritism that some people in the criminal justice system get treated differently. How can I dispel that narrative when these facts completely support that?”  
 
 
The guy gets it.  LEO (Law Enforcement Officers) should be held to the same standard if not a higher standard as ordinary citizens.  The deputy was fired but is that enough for shooting up a church sanctuary?
 
 
 
Letter from a Reader

“I have one question.............when the lottery vote was put before Oklahomans (I didn't vote for it), it was promised all of this money would be poured into the schools.  Really?  Where is it?
Donna P”

Good question.  The lottery was oversold as a way to create jobs for term limited and retiring legislators and their cronies and to provide advertising dollars to the media.  It took in around 200 million last year and paid out 35% of that to schools but K-12 gets less than half of that and Higher Ed (colleges) get around 27% of the take.
Of the total income only 45% gets paid out as winnings to those who gamble.  If 35% goes to the schools then that leaves 20% to pay for the lottery commission salaries, overhead, and advertising.  So for every dollar going to education the ex legislators and their cronies receive 57 cents.
 
 
 
All in the lottery proceeds is around 1.7% of the total education budget.   Liquor by the Drink taxes were also passed to end all education funding problems but the proceeds are about one percent of all tax revenues in the state, around $24.00 per person, 20 cents per six pack of beer.  Add to that the promise of horse racing, casinos, and1017 were also sold as the end all fix to education funding.  The 1017 Fund provides around $700 million per year out of a 12 billion dollar education budget.   Casino compact fees produce around $125 million per year and a part of that money goes to horse racing tracks and around 30 million goes to the Oklahoma Horse Racing Commission.
 
 
So to answer your question Donna, none of these schemes were every set up to fund education in a meaningful way but were set up to fund ad dollars, fill tribal coffers, and employ out of work politicians and their family members.  Education was used to sell the laws, like the lottery commission ads from a few years back touting the buses and textbooks bought with lottery proceeds.  The problem being that state tax funds are used for school salaries, not buses and textbooks but hey, it looked good on TV I guess.
 
 
Next week we will be doing an entire issue on education.  The fact is that teachers are WELL paid for 180 days of work and six hours a day.   They earn on average over $50,000 per year in salary for 1080 hours of work including their retirement benefits which puts them in the middle of the pack nationwide for teacher pay.  The fact is that Oklahoma has a much lower cost of living for food, energy, and housing so these dollars go further in Oklahoma