Tag Archives: jail

Man Sentenced to Jail After Teasing Disabled Girl

Man Sentenced to Jail After Teasing Disabled Girl
By Christina Lopez |

An Ohio man faces one month of jail time for teasing and taunting a 1o-year-old girl with cerebral palsy after a video of the incident went viral.

On Nov. 27, Judge John A. Poulos of the Canton Municipal Court sentenced 43-year-old William Bailey to 29 days in jail.

The taunting occurred on Sept. 26, when Tricia Knight and her mother-in-law were waiting for her children’s bus to return from school. Knight’s three children, including 10-year-old Hope, attend Walker Elementary with Bailey’s 9-year-old son, Joseph.

What happened next was caught on an iPod camera by Knight’s mother-in-law, Marie Prince.

William Bailey “was dragging his leg and patting his arm across his chest to pick his son Joseph up,” said Knight. “I asked him to please stop doing this. ‘My daughter can see you.’ He then told his son to walk like the R-word.”

The next day Knight posted the video on her Facebook page while Prince uploaded the video they called “Bus Stop Ignorance” to YouTube. Within days, the video went viral.

The Knight family has lived next door to the Baileys for the past two years, and the incident at the bus stop, according to Knight, is the culmination of rising tensions and intimidation against her kids.

In the days that followed the taunting at the bus stop, the Knight family filed a complaint with Canton City prosecutors.

Jennifer Fitzsimmons, the chief assistant city prosecutor for this case, says in the three years she’s been in this role, she’s never seen anything like this.

“I think when we look at cases, there’s case law out there regarding people commenting and gesturing against race and religion. But when there’s nothing out there regarding disabilities, it took me a little bit longer to come to a decision.”

After Fitzsimmons reviewed the Knight family’s complaint, a police report based on a phone call from the Knight family, and the video captured by Prince, she decided to press charges.

“It was settled without Hope having to relive what she saw and how it impacted her,” said Fitzsimmons. “I think the trial could have been just as traumatic as the event itself.”

Bailey, who works as a truck driver, was charged twice. He was originally charged for aggravated menacing, a misdemeanor of the first degree. In this charge, the victim was Knight, an incident she says took place the same day as the bus stop scene.

Bailey, she said, “was swinging a tow chain on his porch, saying he was going to choke me until I stopped twitching. I sent my kids with my mother-in-law to leave with them. My husband called the sheriff.”

In Ohio, a menacing charge is a misdemeanor fourth degree, which carries a maximum of 30 days in jail.

The second original charge, for the bus stop incident, was disorderly conduct, a misdemeanor of the fourth degree. A disorderly conduct is a minor misdemeanor and carries no jail time.

Although Bailey’s sentencing technically reflects the charges brought by his actions toward Knight, Hope’s mother, Fitzsimmons explains how the plea deal enabled the sentence to cover his actions toward Hope.

“Because the menacing misdemeanor charge was directed toward Hope’s mother, and they’re all interrelated, the judge took into account all the actions of Mr. Bailey and the entire Holcomb family,” said Fitzsimmons.

Bailey “entered a plea of ‘no contest’ to a menacing charge and to disorderly conduct,” said Fitzsimmons. His sentence will go into effect on Jan. 2.

Judge Poulos required Bailey to pay $400 in court costs as well as other fees. He was given a credit for one day which is why his sentence is 29 days and not the maximum 30.

Following the Nov. 27 hearing, Bailey’s attorney, John R. Giua, released a statement and apology on Bailey’s behalf, according to the The Repository, an online newspaper for Stark County, Ohio.

“I don’t think this sentence will change things because it hasn’t so far,” said Knight.

Knight says living next door to the Baileys affects their everyday lives.

Just last summer, said Knight, 9-year-old Joseph Bailey came over to play with Knight’s children and brought over a pocket knife, threatening to “cut [Hope] up,” followed by name calling. That harassment continued into the school year.

Since the bus stop incident, Knight has spoken with the bus driver and the school’s principal. Knight now drives Hope to school every day while her other two children ride another bus to school.

Hope was born 29 weeks premature after Knight was involved in a head-on auto collision. When she was born, Hope weighed only two pounds, 12 ounces, which caused several medical problems resulting in two brain surgeries. Knight says her daughter fought for her life the first two years.

As for whether this case presents a new precedent in Ohio is another debate.

“I don’t know if it sets a precedent so much maybe as it begins a conversation between people,” said Fitzsimmons. “I think conversation starts progress, and I think if it can bring something else to light, it would be good.”

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New Law By Obama To Jail 500,000 American Citizens Or More For The Crime Of Opposing Their Government.

New Law By Obama To Jail 500,000 American Citizens Or More For The Crime Of Opposing Their Government.

Foreign Ministry reports circulating in the Kremlin today are warning that an already explosive situation in the United States is about to get a whole lot worse as a new law put forth by President Obama is said capable of seeing up to 500,000 American citizens jailed for the crime of opposing their government.

Sparking the concern of Russian diplomats over the growing totalitarian bent of the Obama government is the planned reintroduction of what these reports call one of the most draconian laws ever introduced in a free society that is titled “The Violent Radicalization and Homegrown Terrorism Prevention Act”.

First introduced in the US Congress in 2007 by Democratic Representative Jane Harmon, this new law passed the US House of Representatives by a secretive voice vote, but failed to pass the US Senate, after which it was believed dead until this past week when it was embraced by Obama who became the first American President to name his own citizens as a threat to his Nations security.

In what is called the National Security Strategy document, that is required of US Presidents by their Congress, that embraces the dictatorial ideals of the “Violent Radicalization and Homegrown Terrorism Prevention Act”, Obama has ordered his Federal police and intelligence forces to begin targeting Americans opposed to him and his radical socialist polices.

Obama’s top counter-terrorism advisor, John Brennan, in speaking to reporters about this new “strategy” says it makes the problem of home-grown terrorists a top priority because an increasing number of individuals in the US have become “captivated by extremist ideology or causes.”

The Times of London is further reporting that Obama’s new National Security Strategy “officially” ends America’s “War on Terror” in what they call “a sweeping repudiation of the Bush doctrine of pre-emptive military strikes.”

And as Obama begins re-focusing his forces from fighting America’s foreign enemies, to those opposed to him in his own country, it is important to remember the warning about this new law given by the former CIA official, Philip Giraldi, who had previously warned of the Bush-Cheney plan to attack Iran with nuclear weapons, and who said:

“The mainstream media has made no effort to inform the public of the impending Violent Radicalization and Homegrown Terrorism Prevention Act. The Act, which was sponsored by Congresswoman Jane Harman of California, was passed in the House by an overwhelming 405 to 6 vote on October 24th and is now awaiting approval by the Senate Homeland Security Committee, which is headed by Senator Joseph Lieberman of Connecticut.

Harman’s bill contends that the United States will soon have to deal with home grown terrorists and that something must be done to anticipate and neutralize the problem. The act deals with the issue through the creation of a congressional commission that will be empowered to hold hearings, conduct investigations, and designate various groups as “homegrown terrorists.”

The commission will be tasked to propose new legislation that will enable the government to take punitive action against both the groups and the individuals who are affiliated with them. Like Joe McCarthy and HUAC in the past, the commission will travel around the United States and hold hearings to find the terrorists and root them out.

Unlike inquiries in the past where the activity was carried out collectively, the act establishing the Violent Radicalization and Homegrown Terrorism Prevention Commission will empower all the members on the commission to arrange hearings, obtain testimony, and even to administer oaths to witnesses, meaning that multiple hearings could be running simultaneously in various parts of the country.

The ten commission members will be selected for their “expertise,” though most will be appointed by Congress itself and will reflect the usual political interests. They will be paid for their duties at the senior executive pay scale level and will have staffs and consultants to assist them.

Harman’s bill does not spell out terrorist behavior and leaves it up to the Commission itself to identify what is terrorism and what isn’t.

SOURCE

Chart: One Year of Prison Costs More Than One Year at Princeton

Chart: One Year of Prison Costs More Than One Year at Princeton

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By Brian Resnick


One year at Princeton University: $37,000.
One year at a New Jersey state prison: $44,000.

Prison and college “are the two most divergent paths one can take in life,” Joseph Staten, an info-graphic researcher with Public Administration, says. Whereas one is a positive experience that increases lifetime earning potential, the other is a near dead end, which is why Staten found it striking that the lion’s share of government funding goes toward incarceration.

The comparison between higher education spending and correction spending highlighted in the following chart is not perfect. Universities have means to fund themselves; prisons rely on the government. So it makes some sense that a disproportional amount of money flows to the correction centers. Also, take note, comparing African Americans in college and African Americans in dorms is not completely fair. For one, college implies an 18-22 age range, and incarcerated adults can be of any age. Also, it doesn’t take into account African Americans who commute to school.

Despite these shortcomings, this chart helps illustrate a large discrepancy in this country: America has the highest incarceration rate by population, but is only 6th in the world when it comes to college degrees. Our government’s spending reflects that fact accordingly.

Prison vs Princeton
Created by: Public Administration

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Horrific US Medical Experiments Come to Light

Horrific US Medical Experiments Come to Light

Feb 27, 2011 – 1:04 PM

Mike Stobbe
AP
ATLANTA — Shocking as it may seem, U.S. government doctors once thought it was fine to experiment on disabled people and prison inmates. Such experiments included giving hepatitis to mental patients in Connecticut, squirting a pandemic flu virus up the noses of prisoners in Maryland, and injecting cancer cells into chronically ill people at a New York hospital.

Much of this horrific history is 40 to 80 years old, but it is the backdrop for a meeting in Washington this week by a presidential bioethics commission. The meeting was triggered by the government’s apology last fall for federal doctors infecting prisoners and mental patients in Guatemala with syphilis 65 years ago.

U.S. officials also acknowledged there had been dozens of similar experiments in the United States – studies that often involved making healthy people sick.

An exhaustive review by The Associated Press of medical journal reports and decades-old press clippings found more than 40 such studies. At best, these were a search for lifesaving treatments; at worst, some amounted to curiosity-satisfying experiments that hurt people but provided no useful results.

Inevitably, they will be compared to the well-known Tuskegee syphilis study. In that episode, U.S. health officials tracked 600 black men in Alabama who already had syphilis but didn’t give them adequate treatment even after penicillin became available.

These studies were worse in at least one respect – they violated the concept of “first do no harm,” a fundamental medical principle that stretches back centuries.

“When you give somebody a disease – even by the standards of their time – you really cross the key ethical norm of the profession,” said Arthur Caplan, director of the University of Pennsylvania’s Center for Bioethics.

Some of these studies, mostly from the 1940s to the ’60s, apparently were never covered by news media. Others were reported at the time, but the focus was on the promise of enduring new cures, while glossing over how test subjects were treated.

Attitudes about medical research were different then. Infectious diseases killed many more people years ago, and doctors worked urgently to invent and test cures. Many prominent researchers felt it was legitimate to experiment on people who did not have full rights in society – people like prisoners, mental patients, poor blacks. It was an attitude in some ways similar to that of Nazi doctors experimenting on Jews.

“There was definitely a sense – that we don’t have today – that sacrifice for the nation was important,” said Laura Stark, a Wesleyan University assistant professor of science in society, who is writing a book about past federal medical experiments.

TUSKEEGEE AND OTHER MEDICAL EXPERIMENTS

The AP review of past research found:

-A federally funded study begun in 1942 injected experimental flu vaccine in male patients at a state insane asylum in Ypsilanti, Mich., then exposed them to flu several months later. It was co-authored by Dr. Jonas Salk, who a decade later would become famous as inventor of the polio vaccine.

Some of the men weren’t able to describe their symptoms, raising serious questions about how well they understood what was being done to them. One newspaper account mentioned the test subjects were “senile and debilitated.” Then it quickly moved on to the promising results.

-In federally funded studies in the 1940s, noted researcher Dr. W. Paul Havens Jr. exposed men to hepatitis in a series of experiments, including one using patients from mental institutions in Middletown and Norwich, Conn. Havens, a World Health Organization expert on viral diseases, was one of the first scientists to differentiate types of hepatitis and their causes.

A search of various news archives found no mention of the mental patients study, which made eight healthy men ill but broke no new ground in understanding the disease.

-Researchers in the mid-1940s studied the transmission of a deadly stomach bug by having young men swallow unfiltered stool suspension. The study was conducted at the New York State Vocational Institution, a reformatory prison in West Coxsackie. The point was to see how well the disease spread that way as compared to spraying the germs and having test subjects breathe it. Swallowing it was a more effective way to spread the disease, the researchers concluded. The study doesn’t explain if the men were rewarded for this awful task.

-A University of Minnesota study in the late 1940s injected 11 public service employee volunteers with malaria, then starved them for five days. Some were also subjected to hard labor, and those men lost an average of 14 pounds. They were treated for malarial fevers with quinine sulfate. One of the authors was Ancel Keys, a noted dietary scientist who developed K-rations for the military and the Mediterranean diet for the public. But a search of various news archives found no mention of the study.

-For a study in 1957, when the Asian flu pandemic was spreading, federal researchers sprayed the virus in the noses of 23 inmates at Patuxent prison in Jessup, Md., to compare their reactions to those of 32 virus-exposed inmates who had been given a new vaccine.

-Government researchers in the 1950s tried to infect about two dozen volunteering prison inmates with gonorrhea using two different methods in an experiment at a federal penitentiary in Atlanta. The bacteria was pumped directly into the urinary tract through the penis, according to their paper.

The men quickly developed the disease, but the researchers noted this method wasn’t comparable to how men normally got infected – by having sex with an infected partner. The men were later treated with antibiotics. The study was published in the Journal of the American Medical Association, but there was no mention of it in various news archives.

Though people in the studies were usually described as volunteers, historians and ethicists have questioned how well these people understood what was to be done to them and why, or whether they were coerced.

Prisoners have long been victimized for the sake of science. In 1915, the U.S. government’s Dr. Joseph Goldberger – today remembered as a public health hero – recruited Mississippi inmates to go on special rations to prove his theory that the painful illness pellagra was caused by a dietary deficiency. (The men were offered pardons for their participation.)

But studies using prisoners were uncommon in the first few decades of the 20th century, and usually performed by researchers considered eccentric even by the standards of the day. One was Dr. L.L. Stanley, resident physician at San Quentin prison in California, who around 1920 attempted to treat older, “devitalized men” by implanting in them testicles from livestock and from recently executed convicts.

Newspapers wrote about Stanley’s experiments, but the lack of outrage is striking.

“Enter San Quentin penitentiary in the role of the Fountain of Youth – an institution where the years are made to roll back for men of failing mentality and vitality and where the spring is restored to the step, wit to the brain, vigor to the muscles and ambition to the spirit. All this has been done, is being done … by a surgeon with a scalpel,” began one rosy report published in November 1919 in The Washington Post.

Around the time of World War II, prisoners were enlisted to help the war effort by taking part in studies that could help the troops. For example, a series of malaria studies at Stateville Penitentiary in Illinois and two other prisons was designed to test antimalarial drugs that could help soldiers fighting in the Pacific.

It was at about this time that prosecution of Nazi doctors in 1947 led to the “Nuremberg Code,” a set of international rules to protect human test subjects. Many U.S. doctors essentially ignored them, arguing that they applied to Nazi atrocities – not to American medicine.

The late 1940s and 1950s saw huge growth in the U.S. pharmaceutical and health care industries, accompanied by a boom in prisoner experiments funded by both the government and corporations. By the 1960s, at least half the states allowed prisoners to be used as medical guinea pigs.

But two studies in the 1960s proved to be turning points in the public’s attitude toward the way test subjects were treated.

The first came to light in 1963. Researchers injected cancer cells into 19 old and debilitated patients at a Jewish Chronic Disease Hospital in the New York borough of Brooklyn to see if their bodies would reject them.

The hospital director said the patients were not told they were being injected with cancer cells because there was no need – the cells were deemed harmless. But the experiment upset a lawyer named William Hyman who sat on the hospital’s board of directors. The state investigated, and the hospital ultimately said any such experiments would require the patient’s written consent.

At nearby Staten Island, from 1963 to 1966, a controversial medical study was conducted at the Willowbrook State School for children with mental retardation. The children were intentionally given hepatitis orally and by injection to see if they could then be cured with gamma globulin.

Those two studies – along with the Tuskegee experiment revealed in 1972 – proved to be a “holy trinity” that sparked extensive and critical media coverage and public disgust, said Susan Reverby, the Wellesley College historian who first discovered records of the syphilis study in Guatemala.

By the early 1970s, even experiments involving prisoners were considered scandalous. In widely covered congressional hearings in 1973, pharmaceutical industry officials acknowledged they were using prisoners for testing because they were cheaper than chimpanzees.

Holmesburg Prison in Philadelphia made extensive use of inmates for medical experiments. Some of the victims are still around to talk about it. Edward “Yusef” Anthony, featured in a book about the studies, says he agreed to have a layer of skin peeled off his back, which was coated with searing chemicals to test a drug. He did that for money to buy cigarettes in prison.

“I said ‘Oh my God, my back is on fire! Take this … off me!
‘” Anthony said in an interview with The Associated Press, as he recalled the beginning of weeks of intense itching and agonizing pain.

The government responded with reforms. Among them: The U.S. Bureau of Prisons in the mid-1970s effectively excluded all research by drug companies and other outside agencies within federal prisons.

As the supply of prisoners and mental patients dried up, researchers looked to other countries.

It made sense. Clinical trials could be done more cheaply and with fewer rules. And it was easy to find patients who were taking no medication, a factor that can complicate tests of other drugs.

Additional sets of ethical guidelines have been enacted, and few believe that another Guatemala study could happen today. “It’s not that we’re out infecting anybody with things,” Caplan said.

Still, in the last 15 years, two international studies sparked outrage.

One was likened to Tuskegee. U.S.-funded doctors failed to give the AIDS drug AZT to all the HIV-infected pregnant women in a study in Uganda even though it would have protected their newborns. U.S. health officials argued the study would answer questions about AZT’s use in the developing world.

The other study, by Pfizer Inc., gave an antibiotic named Trovan to children with meningitis in Nigeria, although there were doubts about its effectiveness for that disease. Critics blamed the experiment for the deaths of 11 children and the disabling of scores of others. Pfizer settled a lawsuit with Nigerian officials for $75 million but admitted no wrongdoing.

Last year, the U.S. Department of Health and Human Services’ inspector general reported that between 40 and 65 percent of clinical studies of federally regulated medical products were done in other countries in 2008, and that proportion probably has grown. The report also noted that U.S. regulators inspected fewer than 1 percent of foreign clinical trial sites.

Monitoring research is complicated, and rules that are too rigid could slow new drug development. But it’s often hard to get information on international trials, sometimes because of missing records and a paucity of audits, said Dr. Kevin Schulman, a Duke University professor of medicine who has written on the ethics of international studies.

These issues were still being debated when, last October, the Guatemala study came to light.

In the 1946-48 study, American scientists infected prisoners and patients in a mental hospital in Guatemala with syphilis, apparently to test whether penicillin could prevent some sexually transmitted disease. The study came up with no useful information and was hidden for decades.

The Guatemala study nauseated ethicists on multiple levels. Beyond infecting patients with a terrible illness, it was clear that people in the study did not understand what was being done to them or were not able to give their consent. Indeed, though it happened at a time when scientists were quick to publish research that showed frank disinterest in the rights of study participants, this study was buried in file drawers.

“It was unusually unethical, even at the time,
” said Stark, the Wesleyan researcher.

“When the president was briefed on the details of the Guatemalan episode, one of his first questions was whether this sort of thing could still happen today,” said Rick Weiss, a spokesman for the White House Office of Science and Technology Policy.

That it occurred overseas was an opening for the Obama administration to have the bioethics panel seek a new evaluation of international medical studies. The president also asked the Institute of Medicine to further probe the Guatemala study, but the IOM relinquished the assignment in November, after reporting its own conflict of interest: In the 1940s, five members of one of the IOM’s sister organizations played prominent roles in federal syphilis research and had links to the Guatemala study.

So the bioethics commission gets both tasks. To focus on federally funded international studies, the commission has formed an international panel of about a dozen experts in ethics, science and clinical research. Regarding the look at the Guatemala study, the commission has hired 15 staff investigators and is working with additional historians and other consulting experts.

The panel is to send a report to Obama by September. Any further steps would be up to the administration.

Some experts say that given such a tight deadline, it would be a surprise if the commission produced substantive new information about past studies. “They face a really tough challenge,” Caplan said.

AP news researchers Susan James and Julie Reed Bell contributed to this report.

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