August 16, 2012
By CHUCK BARTELS
Police in Arkansas released a video reconstruction on August 14 meant to show how a 21-year-old man who was handcuffed behind his back could have shot himself in the head while in the backseat of a patrol car.
In the video, an officer played the part of Chavis Carter, a Southaven, Miss., man who died from a gunshot wound to the temple July 28 despite being frisked twice by Jonesboro police officers. Carter was Black and both of the officers who arrested him are white, a dynamic that has generated suspicion among some members of the city’s Black community.
The officers stopped a truck in which Carter was riding after they received a report of a suspicious vehicle driving up and down a residential street. They arrested Carter after learning he had an outstanding arrest warrant related to a drug charge in Mississippi. Police also alleged Carter had marijuana.
In producing the video, the agency used the same type of handcuffs that were used on Carter and the same model of handgun found with Carter after he died, a .380-caliber Cobra semi-automatic. An officer of similar height and weight to Carter — 5 feet 8 inches, 160 pounds — sat in the back of a cruiser, leaned over and was able to lift the weapon to his head and reach the trigger.
“We just wanted to get a good perspective on how it could be done and the ease with which it could be done,” said Jonesboro Police Chief Michael Yates.
As far as how Carter concealed the gun, Yates said it’s possible he hid it in the patrol car after officers first frisked him. He was then in the car un-handcuffed until officers eventually decided to arrest him. They then conducted a more thorough search of Carter.
“It’s obvious they did miss the weapon on the first search. It is likely, since he was placed into the car un-handcuffed the first time, that he had an opportunity to stash the weapon in the car,” Yates said. “The second search, which was more thorough and inclusive, did not disclose the weapon either.”
The incident and the subsequent investigation has prompted criticisms of the Jonesboro Police Department. Several critics came to a Monday night meeting on August 13 about the department's reaccreditation.
George C. Grant, retired dean of the library at Arkansas State University in Jonesboro, asked that the reaccreditation be put on hold until the investigation into Carter’s death is complete, The Jonesboro Sun reported. Grant and others also complained that Yates hasn’t pushed to hire minorities. Only three of 145 members of the police force are Black, the Sun reported.
Yates didn’t offer a timetable for when the internal police probe would be complete. He said he’s waiting for an autopsy report, a report from the state Crime Laboratory on the gun and details on Carter’s phone records.
At a town hall meeting late Tuesday, some people said they had a hard time believing the police department explanation of what happened and voiced their frustrations to Department of Justice community relations representative Reatta Forte.
Others said Carter’s death was part of a larger issue of how Blacks are treated by police officers and recounted their own negative experiences.
Forte said she would review their comments and later convene a panel of the officials and agencies involved to discuss them, the Jonesboro Sun reported. She also said the state Crime Lab had been pressured to get the results of tests performed in the case back as soon as possible.
“I know they are putting a rush on it,” she said, urging patience from the audience.
Russell Marlin, a Memphis, Tenn.-based attorney representing Carter’s family, said Tuesday that he's conducting his own investigation. Martin said it was too early to give his own assessment of how Carter died, but he said Carter wasn’t suicidal. Martin said he would make a statement once his inquiry is complete.
“By all accounts, he was a healthy, happy guy. There’s no reason to think he would have killed himself,” Martin said.
Meanwhile, the FBI is monitoring the case. The state and local branches of the NAACP have asked the Justice Department to investigate. Craighead County NAACP Branch President Perry Jackson didn’t return a phone message seeking comment.
Prosecutor Scott Ellington, who will review the investigative file to determine whether any charges are warranted, said he didn’t expect to receive anything before the end of the week.
Police say video and audio recordings, as well as statements from witnesses, show neither officer pulled his weapon nor fired a shot during the traffic stop. Police have refused to release those recordings, citing the investigation.
Yates said other agencies have contacted him and told of similar incidents that occurred over the years.
Less than two weeks after Carter was shot, a man shot himself in the torso while handcuffed in the back of a patrol car in Mobile, Ala. The man survived. Police who searched him found two knives but missed the gun.
Charles Ellis, a training supervisor at the Arkansas Law Enforcement Training Academy in East Camden, wouldn’t offer an opinion on what happened in Jonesboro. But he said both the initial pat down and the post-arrest search should reveal any weapons.
After a pat down and once a person is under arrest, “an officer can go in and search inside the pockets and inside the shoes, any place anything may be hidden on a person,” Ellis said.
August 16, 2012
By ABDI GULED
Two more Somali journalists were killed in the nation’s capital, bringing the number of journalists slain in the country this year to nine and highlighting the dangers media workers continue to face in the Horn of Africa nation despite increased security in Mogadishu.
U.N. and African Union officials decried the deaths and demanded that the Somali government put a stop to the killings. None of the people involved in the nine media workers deaths this year have been prosecuted.
“The Somali authorities must institute investigations into these killings with a view to bringing the perpetrators of these heinous crimes to justice,” said a top African Union official, Boubacar Diarra. The African Union military force “is ready to provide any assistance it can to help with such investigations,” he added.
A man dressed in a high school uniform shot and killed Yusuf Ali Osman, a veteran reporter who has been serving as the director of Somalia’s Information Ministry, said Bashir Khalif Ghani, an editor with the state-run Radio Mogadishu. Osman was killed near his home while on his way to work, he said. The attacker fled the scene.
A second Somali journalist was killed August 12 after government troops opened fire on each other at a sports stadium. The audience fled in panic. A stray bullet struck and killed Mohamud Ali Yare, said Abdirashi Abikar, a journalist colleague.
“He died after several bullets struck him. It was a shocking killing,” Abikar said.
Somalia and Syria have been the two most dangerous countries this year for journalists. In Somalia, the killings of media workers often happen in the government-controlled areas that journalists often consider to be safe.
Despite government’s promises of prosecution for media workers killings, criminals walk freely without facing justice.
“We were appalled by the murder of Mr. Osman. It was a brutal killing and we condemn it,” Abdiqadir Hussein Mohamed, Somalia’s information minister, said in a statement. “He was a veteran and diligent director who helped Somalia through difficult years.”
The U.N. representative to Somalia, Augustine Mahiga, condemned the killings and underscored the fact that no attackers of any journalists in Somalia have been arrested for trial.
“I send my deepest condolences to their families and to all Somali media professionals, who for too long have seen their colleagues targeted, injured and assassinated without a single perpetrator being brought to justice,” Mahiga said.
Mahiga said that the U.N. has repeatedly called for full and independent investigations into what he called “unacceptable and cowardly acts.”
“This culture of impunity must end. We must not allow the fundamental freedoms that a free press represents to be compromised by those willing to use violence to serve their personal agendas. This is a decisive time in the political process and the work of media needs to be protected so that the Somali people are fully informed,” Mahiga said.
It’s not clear who has been carrying out the killings of journalists. Al-Shabab militants, warlords, criminals, and even government agents all could have reasons to see journalists killed in Somalia, one of the most corrupt and dangerous countries in the world.
August 16, 2012
By LARRY MARGASAK Associated Press
The Republican-run House recently asked a federal court to enforce a subpoena against Attorney General Eric Holder, demanding that he produce records on a bungled gun-tracking operation known as Operation Fast and Furious.
The lawsuit asked the court to reject a claim by President Barack Obama asserting executive privilege, a legal position designed to protect certain internal administration communications from disclosure.
The failure of Holder and House Republicans to work out a deal on the documents led to votes in June that held the attorney general in civil and criminal contempt of Congress. The civil contempt resolution led to the August 13 lawsuit.
Holder refused requests by the House Oversight and Government Reform Committee to hand over — without preconditions — documents that could explain why the Justice Department initially denied in February 2011 that a risky tactic was used to allow firearms to “walk” from Arizona to Mexico.
Federal agents lost track of many of the guns. The operation identified more than 2,000 illicitly purchased weapons, and some 1,400 of them have yet to be recovered.
The department failed to acknowledge its incorrect statement for 10 months.
“Portentously, the (Justice) Department from the outset actively resisted cooperating fully with the committee’s investigation,” the lawsuit said.
“Among other things, the department initially declined to produce documents; later produced only very limited numbers of documents in piecemeal fashion; refused to make available to the committee certain witnesses; and limited the committee’s questioning of other witnesses who were made available,” it said.
The Justice Department previously said that it would not bring criminal charges against its boss. Democrats have labeled the civil and criminal contempt citations a political stunt.
In response to the lawsuit, Justice Department spokeswoman Tracy Schmaler said, “We were always willing to work with the committee. Instead the House and the committee have said they prefer to litigate.”
Numerous lawmakers said this was the first time a Cabinet official had been held in contempt.
The lawsuit asked that:
—The executive privilege claim by Obama be declared invalid.
—Holder’s objection to the House records subpoena be rejected.
—The attorney general produce all records related to the Justice Department’s incorrect assertion in early 2011 that gun-walking did not take place.
The administration’s position reciting the words “executive privilege” rests entirely on a common law privilege known as the “deliberative process privilege” and “is legally baseless,” says the lawsuit.
Historically, there are two main types of executive privilege. One privilege, for “presidential communications,” only covers the president and the work of top aides preparing advice for the president.
The other, known as “deliberative process privilege,” covers a much wider category of administration officials, even if they weren’t working on something for the president specifically. Presidents are required to have a stronger argument to justify keeping secrets under this broader authority, which can involve documents they never saw or were even intended to see.
A federal appeals court has ruled that this broader privilege is easier for Congress to overcome and it “disappears altogether when there is any reason to believe government misconduct has occurred.”
The lawsuit said the documents “would enable the committee (and the American people) to understand how and why the department provided false information to Congress and otherwise obstructed the committee’s concededly legitimate investigation.”
It challenged the executive privilege claim on several legal grounds, contending it was asserted indirectly by the deputy attorney general in a letter to Congress, and that the documents do not involve any advice to the president. The department’s actions do not involve core constitutional functions of the president, the suit said.
The suit contended the administration’s position, if accepted, “would cripple congressional oversight of executive branch agencies....”
In past cases, courts have been reluctant to settle disputes between the executive and legislative branches of government.
Given recent experience, the Republican-controlled committee’s lawsuit could result in a compromise or an appeal by the losing side.
In 2008, a federal judge rejected the George W. Bush administration’s position that senior presidential advisers could not be forced to testify to the House Judiciary Committee. The decision was regarded as vindication of Congress’s investigative powers.
But the ruling also said that Congress’ authority to compel testimony from executive branch officials was not unlimited. The Bush administration appealed, but after Barack Obama became president in 2009, the newly elected Congress and the administration reached a settlement. Some of the documents at issue in the case were provided to the House and former White House counsel Harriet Miers testified.
The battle over congressional subpoenas for documents and testimony arose when Congress looked into whether political motives and White House involvement had prompted the dismissal of U.S. attorneys.
Gun-walking long has been barred by Justice Department policy, but federal agents in Arizona experimented with it in three investigations during the George W. Bush administration before Operation Fast and Furious. The agents in Arizona lost track of several hundred weapons in the three earlier operations.
August 16, 2012
By SOPHIA TAREEN
U.S. Rep. Jesse Jackson Jr., a Chicago Democrat who took a hushed medical leave two months ago, is being treated for bipolar disorder, the Mayo Clinic announced Monday August 13.
The Rochester, Minn.-based clinic specified his condition as Bipolar II, which is defined as periodic episodes of depression and hypomania, a less serious form of mania.
“Congressman Jackson is responding well to the treatment and regaining his strength,” the clinic said in a statement.
Bipolar II is a treatable condition that affects parts of the brain controlling emotion, thought and drive and is likely caused “by a complex set of genetic and environmental factors,” the clinic said. The statement also mentioned that Jackson underwent weight loss surgery in 2004 and said such a surgery can change how the body absorbs foods and medications, among other things.
The recent statement was the most detailed to date about the congressman's mysterious medical leave, which began June 10. But it raised new questions about when the congressman can return to work.
A Jackson aide said last week that the congressman was expected back in the district within a matter of weeks, but Jackson’s spokesmen declined to comment.
His father, the Rev. Jesse Jackson, wouldn’t say much about the diagnosis.
“I’m glad he’s getting the treatment he needs and is responding well,” the elder Jackson said, adding that “there’s no timetable” for his recovery.
Experts and mental health advocates say many people are able to work and function in their daily lives while managing treatment.
Treatment includes medication and psychotherapy, according to the National Institute of Mental Health. The institute estimates about 5.7 million American adults suffer from the disorder, which can be a lifelong disease.
At least one other member of Congress has suffered from it while in office.
Former U.S. Rep. Patrick Kennedy of Rhode Island has talked openly about his lifelong struggles with bipolar disorder and addiction. He's was a leading voice in Congress for removing stigma linked with mental illness. The son of the late Massachusetts Sen. Edward Kennedy was a congressman for 16 years and retired last year.
The younger Kennedy was arrested in 2006 after an early morning car crash near the U.S. Capitol that he said he could not remember. After spending a month at Mayo for treatment of addiction and depression, Kennedy pleaded guilty to driving under the influence of prescription drugs.
“I had two of the biggest successes in politics after I went to treatment,” Kennedy said, referring to getting nearly 70 percent of the re-election vote in 2006 and his legislative victory of getting a bill requiring mental health parity passed in 2008.
“It was because I ran toward the problem and not away from it. When I returned to my district, I spoke openly about it,” he said.
Kennedy said he planned to visit Jackson this week. He said he and Jackson had a lot in common: Both served on the House Appropriations Committee together and had famous fathers.
Jackson’s office didn’t announce his medical condition until nearly two weeks after he went on leave, and it initially described the problem as exhaustion. Later, his office disclosed that Jackson had “grappled with certain physical and emotional ailments privately for a long period of time.” A statement from an unnamed doctor said Jackson had a “mood disorder.”
Earlier this month, Jackson’s office announced he was at Mayo and being treated for depression and gastrointestinal issues, after a transfer from the Sierra Tucson Treatment Center in Arizona.
Though the Mayo Clinic mentioned Jackson’s weight loss surgery, its statement Monday stopped short of directly tying it to his mental health problems. Mayo Clinic spokeswoman Traci Klein declined to comment.
Dr. Jaime Ponce, president of the American Society for Metabolic and Bariatric Surgery, said there is no evidence that the type of surgery Jackson had can cause bipolar disorder. A deficiency of the nutrient thiamine can cause a brain condition that could mimic bipolar disorder, Ponce said, but “bipolar disorder is totally different.”
Jackson underwent a duodenal switch procedure in 2004, which involves removing part of the stomach and rearranging the intestine so less food is absorbed. He lost 50 pounds.
Dr. Vivek Prachand, associate professor of surgery at University of Chicago, said people already taking medications for depression can undergo weight loss surgery but may need their medications adjusted afterward. Prachand added that surgery is a drastic change that can trigger an episode in someone with a history of depression.
Jackson aide Rick Bryant said last week that Jackson appeared in good spirits and wanted him to push forward on projects in the district, which includes Chicago neighborhoods and suburbs. Jackson, who first won office in 1995, is on the November ballot with two little-known candidates and is widely expected to win re-election.
The timing and manner in which the medical leave was handled has invited scrutiny.
Jackson is under a House Ethics Committee investigation for ties to imprisoned former Illinois Gov. Rod Blagojevich. Jackson’s office announced his leave just days after a former fundraiser connected to the probe was arrested on federal medical fraud charges.
Jackson has denied wrongdoing.
August 09, 2012
By SETH BORENSTEIN Associated Press
Our family tree may have sprouted some long-lost branches going back nearly 2 million years. A famous paleontology family has found fossils that they think confirm their theory that there are two additional pre-human species besides the one that eventually led to modern humans.
A team led by Meave Leakey, daughter-in-law of famed scientist Louis Leakey, found facial bones from one creature and jawbones from two others in Kenya. That led the researchers to conclude that man's early ancestor had plenty of human-like company from other species.
These wouldn’t be Homo erectus, believed to be our direct ancestor. They would be more like very distant cousins, who when you go back even longer in time, shared an ancient common ancestor, one scientist said.
But other experts in human evolution aren’t convinced by what they say is a leap to large conclusions based on limited evidence. It’s the continuation of a long-running squabble in anthropology about the earliest members of our own genus, or class, called Homo — an increasingly messy family history. And much of it stems from a controversial discovery that the Leakeys made 40 years ago.
In their new findings, the Leakey team says that none of their newest fossil discoveries match erectus, so they had to be from another flat-faced relatively large species with big teeth.
The new specimens have “a really distinct profile” and thus they are “something very different,” said Meave Leakey, describing the study published online August 8 in Nature.
What these new bones did match was an old fossil that Meave and her husband Richard helped find in 1972 that was baffling. That skull, called 1470, just didn't fit with Homo erectus, the Leakeys contended. They said it was too flat-faced with a non-jutting jaw. They initially said it was well more than 2.5 million years old in a dating mistake that was later seized upon by creationists as evidence against evolution because it indicated how scientists can make dating mistakes. It turned out to be 2 million years old.
For the past 40 years, the scientific question has been whether 1470 was a freak mutation of erectus or something new. For many years, the Leakeys have maintained that the male skull known as 1470 showed that there were more than one species of ancient hominids, but other scientists said it wasn’t enough proof.
The Leakeys’ new discoveries are more evidence that this earlier “enigmatic face” was a separate species, said study co-author Fred Spoor of the Max Planck Institute in Germany. The new bones were found between 2007 and 2009 about six miles away from the old site near the fossil-rich Lake Turkana region, Leakey said.
So that would make two species — erectus and the one represented by 1470.
But it’s not that simple. The Leakey scientific team contends that other fossils of old hominids — not those cited in their new study — don't seem to match either erectus or 1470. They argue that the other fossils seem to have smaller heads and not just because they are female. For that reason, the Leakeys believe there were three living Homo species between 1.8 million and 2 million years ago. They would be Homo erectus, the 1470 species, and a third branch.
“Anyway you cut it there are three species,” study co-author Susan Anton, an anthropologist at New York University. “One of them is named erectus and that ultimately in our opinion is going to lead to us.”
Both of the species that Meave Leakey said existed back then went extinct more than a million years ago in evolutionary dead-ends.
“Human evolution is clearly not the straight line that it once was,” Spoor said.
The three different species could have been living at the same time at the same place, but probably didn't interact much, he said. Still, he said, East Africa nearly 2 million years ago “was quite a crowded place.”
And making matters somewhat more confusing, the Leakeys and Spoor refused to give names to the two non-erectus species or attach them to some of the other Homo species names that are in scientific literature but still disputed. That’s because of confusion about what species belongs where, Anton said.
Two likely possibilities are Homo rudolfensis —which is where 1470 and its kin seem to belong — and Homo habilis, where the other non-erectus belong, Anton said. The team said the new fossils mean scientists can reclassify those categorized as non-erectus species and confirm the earlier but disputed Leakey claim.
But Tim White, a prominent evolutionary biologist at the University of California Berkeley, just isn’t buying this new species idea, nor is Milford Wolpoff, a longtime professor of anthropology at the University of Michigan. They said the Leakeys are making too big a jump from too little evidence.
White said it’s similar to someone looking at the jaw of a female gymnast in the Olympics, the jaw of a male shot-putter, ignoring the faces in the crowd and deciding the shot-putter and gymnast have to be a different species.
Eric Delson, a paleoanthropology professor at Lehman College in New York, said he buys the Leakeys’ study, but added: “There’s no question that it's not definite.” He said it won’t convince doubters until fossils of both sexes of both non- erectus species are found.
“It’s a messy time period,” Delson said.