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NEWS of the Day - October 7, 2010
on some NAACC / LACP issues of interest

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NEWS of the Day - October 7, 2010
on some issues of interest to the community policing and neighborhood activist across the country

EDITOR'S NOTE: The following group of articles from local newspapers and other sources constitutes but a small percentage of the information available to the community policing and neighborhood activist public. It is by no means meant to cover every possible issue of interest, nor is it meant to convey any particular point of view ...

We present this simply as a convenience to our readership ...

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From the New York Times

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Soldier Killed Saving Comrades Is Awarded the Medal of Honor

By PETER BAKER

WASHINGTON — President Obama awarded the Medal of Honor posthumously on Wednesday to a Green Beret who died to save his fellow soldiers in a pitched battle with insurgents in Afghanistan last year, the latest in a series of such tributes at a time of domestic debate about the war.

Staff Sgt. Robert J. Miller 's unit was ambushed on Jan. 25, 2008, during a predawn reconnaissance mission in Gowardesh by enemy fighters who assaulted them from above. Under withering fire, Sergeant Miller charged forward and drew fire away from his fellow soldiers. Even after he was shot, he continued returning fire to allow his team to pull back.

Ultimately, according to a Pentagon account of the seven-hour battle in Kunar Province, Sergeant Miller killed at least 10 insurgents while saving the lives of 7 American and 15 Afghan soldiers.

Mr. Obama presented the medal to Sergeant Miller's family in a ceremony in the East Room of the White House. “You gave your oldest son to America,” he told the soldier's parents, Phil and Maureen Miller, “and America is forever in your debt.”

Sergeant Miller's seven brothers and sisters also attended, as did some of his fellow soldiers from Company A, Third Battalion, Third Special Forces Group from Fort Bragg, N.C.

“These soldiers,” the president said, “embody the spirit that guides our troops in Afghanistan every day: the courage, the resolve, the relentless focus on their mission to break the momentum of the Taliban insurgency and to build the capacity of Afghans to defend themselves.”

Sergeant Miller, 24, who was born in Harrisburg, Pa., and grew up in Wheaton, Ill., where he was a high school gymnast, joined the Army in 2003. He had learned to speak Pashto and was on his second tour of Afghanistan when he died.

His was the third Medal of Honor for service in Afghanistan approved by Mr. Obama, even as the country debates the future of the war. Mr. Obama has vowed to begin pulling some forces out next July.

http://www.nytimes.com/2010/10/07/us/07medal.html?_r=1&ref=us&pagewanted=print

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Fiscal Woes Deepening for Cities, Report Says

By MICHAEL COOPER

The nation's cities are in their worst fiscal shape in at least a quarter of a century and have probably not yet hit the bottom of their slide, according to a report released on Wednesday.

The report , by the National League of Cities , found that many cities, which are in their fourth straight year of declining revenues, are only now beginning to see lower property values translate into lower property tax collections, which are the backbone of many city budgets.

It can take several years for city assessors to catch up to real estate market conditions, and this year, for the first time since the housing bubble burst, cities are projecting a 1.8 percent decrease in property tax collections.

With sales tax collections still down, and unemployment and stagnant salaries taking a toll on cities that rely on income-tax revenues, cities are seeing their revenues drop even faster than many of them have been able to cut spending. They also face the additional burden of paying rising health care and pension costs for their employees.

“The effects of a depressed real estate market, low levels of consumer confidence, and high levels of unemployment will likely play out in cities through 2010, 2011 and beyond,” the report said.

Cities around the country have made steep cuts to stay afloat, from layoffs of firefighters and police officers to turning off street lights. The report, which surveyed finance officers in 338 cities, found that two-thirds of them were canceling or delaying construction and maintenance projects, a third were laying off workers and a quarter were cutting public safety.

Christopher W. Hoene, one of the authors of the report, said in an interview that the length of the downturn had dealt cities an unusual blow: in most recessions, he said, sales tax collections start to improve by the time property tax collections drop to reflect lower home values.

“This time around, the recession has been deep enough that we have the two major sources of revenue down at the same time,” Mr. Hoene said.

And cities have few places to turn for help, leaving tax increases and service cuts as their main options.

“Right now there isn't really anywhere to turn,” Mr. Hoene said, noting that many states are now cutting aid to cities, not increasing it. “The state budgets are in a position where they are more likely to hurt than to help.”

http://www.nytimes.com/2010/10/07/us/07cities.html?ref=us&pagewanted=print

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Judge Bars Major Witness From Terrorism Trial

By BENJAMIN WEISER

A federal judge barred prosecutors on Wednesday from using a crucial witness in the first trial of a former Guantánamo detainee, adding to the fierce debate over whether the government can successfully prosecute terrorist detainees in civilian court.

The trial of Ahmed Khalfan Ghailani , who faces charges in the 1998 bombings of two United States Embassies in East Africa, has been seen as a test of President Obama 's goal of moving many other detainees, like Khalid Shaikh Mohammed , into federal court and, ultimately, closing Guantánamo.

In the months since Mr. Ghailani was brought to New York from Guantánamo Bay, Cuba, Judge Lewis A. Kaplan of United States District Court in Manhattan has rejected defense requests to dismiss the case because of violations of Mr. Ghailani's right to a speedy trial and because of accusations he was tortured.

But just as the trial was to begin on Wednesday, Judge Kaplan ruled that he would not allow the witness to testify. He noted that the government had acknowledged that it had identified and located the witness through interrogation of Mr. Ghailani when he was earlier held in a secret overseas jail run by the Central Intelligence Agency . His lawyers have said he was tortured there.

Judge Kaplan said he was “acutely aware of the perilous nature of the world in which we live.”

“But the Constitution is the rock upon which our nation rests,” he went on. “We must follow it not only when it is convenient, but when fear and danger beckon in a different direction. To do less would diminish us and undermine the foundation upon which we stand.”

The judge delayed the trial's opening until Tuesday, allowing the government to adjust its strategy or appeal the ruling. Attorney General Eric H. Holder Jr. said the government would be examining the judge's opinion and deciding how to react to it.

Speaking in Washington, Mr. Holder seemed to play down the ruling's significance.

“We are talking about one ruling, in one case by one judge,” Mr. Holder said.

“I think the true test is, ultimately, how are these cases resolved? What happens?” he continued, adding, “Can they be successfully resolved from the government's perspective?”

Mr. Holder said history had shown that hundreds of terrorism and related cases had been resolved through pleas or convictions in civilian court. “I think it's too early to say that at this point the Ghailani matter is not going to be successful,” he said.

Mr. Ghailani's trial on charges he conspired in the embassy bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania, was scheduled to begin on Wednesday. The attacks, orchestrated by Al Qaeda , killed 224 people.

After Mr. Ghailani was captured in 2004, he spent nearly five years in C.I.A. custody in so-called black sites and later at the military prison at Guantánamo.

Mr. Ghailani's lawyers — Peter E. Quijano, Steve Zissou and Michael K. Bachrach — had argued that their client was tortured while in C.I.A. custody, and that any statements he made or evidence derived from those statements, including testimony from the witness whose existence he disclosed, was tainted and inadmissible.

After the hearing on Wednesday, Mr. Quijano praised the ruling, saying, “This case will be tried upon lawful evidence, not torture, not coercion.”

He said the Fifth Amendment had to apply to Mr. Ghailani as much as to any other defendant.

“It is the Constitution that won a great victory today,” Mr. Quijano said. “We applaud the court for its courage and support for the law.”

Prosecutors say the disputed witness, Hussein Abebe, sold Mr. Ghailani the TNT used to blow up the embassy in Dar es Salaam. They say that Mr. Abebe agreed voluntarily to testify against Mr. Ghailani, and that his decision to cooperate was linked only remotely to the interrogation.

Mr. Abebe had been characterized by prosecutors as a “giant witness for the government.” On Friday, a prosecutor, Michael Farbiarz, explained in court that without Mr. Abebe's testimony about selling the TNT to Mr. Ghailani, “the government has no way of putting such evidence in front of the jury at all.”

But in a three-page order, Judge Kaplan said that “the government has failed to prove that Abebe's testimony is sufficiently attenuated from Ghailani's coerced statements to permit its receipt in evidence.”

The judge said he felt it was appropriate to emphasize that the trial was still proceeding, and that if Mr. Ghailani were convicted he faced the possibility of life imprisonment.

He added that Mr. Ghailani's status of “enemy combatant” probably would permit his detention as something akin “to a prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end, even if he were found not guilty.”

The judge said he would issue a fuller opinion later.

Karen J. Greenberg, executive director of the Center on Law and Security at New York University who observed the hearings on Mr. Abebe and is a strong advocate for trying detainees in civilian court, characterized the order as a “step forward for the rule of law, and therefore it cannot be a setback for the government.”

“We now know that there are lines when it comes to torture, and this is one,” she added.

Judge Kaplan has not ruled on whether Mr. Ghailani was mistreated while in detention, but, in his decision, said he assumed for the purpose of his analysis that Mr. Ghailani was coerced during interrogation. The ruling excluding Mr. Abebe's testimony will probably make the government's case more complicated to prove and the trial longer.

During the 2008 presidential campaign, Mr. Obama opposed the Guantánamo detention complex, calling it a recruiting symbol for terrorists. He initially ordered Guantánamo closed by January 2010, and later declared his intention to try terrorism suspects in federal court whenever feasible, igniting a debate over whether the civilian or the military system was better for such cases.

Critics of relying on the civilian system have said that defendants who have been held and interrogated as war criminals could be successfully prosecuted only by military tribunals or courts, with their less restrictive rules of evidence.

The judge did not elaborate on his observation that Mr. Ghailani could be detained in the military system if he were acquitted, but the comment spurred some debate among legal experts.

Ben Wizner, a senior lawyer with the American Civil Liberties Union , said the conventional wisdom about the Ghailani case was that the justice system works if he is convicted and fails if he is acquitted.

“But that's not how we measure the effectiveness of a criminal justice system,” Mr. Wizner said. “The question is whether the government can present its case and whether the defendant can get a fair trial.”

Attorney General Holder, asked if the government was considering returning Mr. Ghailani to the military system and holding him indefinitely, replied, “We intend to proceed with this trial.”

http://www.nytimes.com/2010/10/07/nyregion/07ghailani.html?ref=us&pagewanted=print

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Agency Acts to Ease Delay of Pills for Elderly

By NATASHA SINGER

The Drug Enforcement Administration has issued a new guideline intended to help ease the delay some nursing home residents face in receiving certain painkillers and anti-anxiety medications.

Physicians may now authorize nurses employed by long-term care facilities to phone in their oral prescriptions for these controlled substances to pharmacies, the agency said in a policy statement published on Wednesday in the Federal Register , the daily publication of changes to government rules.

It is already a common practice for nurses who work at hospitals or for doctors in private practice to transcribe and transmit such prescriptions. But only doctors and certain other medical professionals can prescribe medications.

The new guidelines should “expedite in many cases getting the prescription processed and dispensed by the pharmacist, delivering it to the ultimate user and decreasing the potential for a patient to be in pain or discomfort longer than necessary,” said Lynne Batshon, the director of policy and advocacy at the American Society of Consultant Pharmacists , a group of about 7,000 pharmacists who specialize in elder care .

The D.E.A. had not previously recognized nurses employed by nursing homes as the legal agents of doctors in conveying controlled substances prescriptions to pharmacists. The agency previously counseled pharmacists who dispensed such drugs to nursing home patients to do so only via direct oral or written communication with a doctor. The agency's previous stance, critics said in an article last week in The New York Times , caused many nursing home residents to suffer in pain while they waited for their prescriptions.

The D.E.A. is currently investigating pharmacists in about five states for dispensing such drugs to nursing homes without direct written orders from a doctor.

According to the recent guidelines, doctors may authorize more than one nurse or other medical professionals at a time to communicate their oral prescriptions for certain controlled substances to pharmacies.

Senator Herb Kohl , a Wisconsin Democrat who is the chairman of the Senate Special Committee on Aging, called the new policy a step in the right direction. But he said the changes still did not give nurses the ability to transmit prescriptions for other important medications, including morphine.

“In certain situations, the doctors and nursing staff in long-term care facilities would still have to jump through hoops in order to get a patient the pain medication they desperately need,” Mr. Kohl said in an e-mail statement. “But obviously we're pleased to see the D.E.A. making some progress.”

http://www.nytimes.com/2010/10/07/health/policy/07aging.html?ref=us&pagewanted=print

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From the Chicago Sun Times

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'Unstable' gunman still on the loose

Illinois, Indiana motorists near shooting sites questioned

October 7, 2010

BY DAN ROZEK AND KIM JANSSEN

Police on Wednesday questioned drivers passing by two shooting sites as they sought information about a "mentally unstable'' gunman who killed one man and wounded two others in apparently random attacks a day earlier.

Investigators asked the motorists if they had seen or heard anything in those areas Tuesday that might lead police to the still-unknown gunman, said Will County Sheriff's Department spokesman Pat Barry.

Police obtained useful information from some drivers, Barry said, though the gunman remained on the run late Wednesday.

Police also issued a nationwide alert for the gunman and his pickup truck, believed to be a 1970s or 1980s Chevy Cheyenne that is light blue or light gray.

The truck has an Indiana license plate in back and a John Deere plate on the front.

Complicating the hunt for the gunman -- who authorities have said appeared to be "mentally unstable'' -- is that there appears to be no motive the shootings, Barry said.

In Illinois, police stopped motorists Wednesday morning on Stony Island Avenue near far south suburban Beecher, where the Tuesday shooting spree began about 10:30 a.m. The gunman stopped to talk to a construction crew rebuilding a home, then abruptly shot two of the workers. A third escaped.

Killed was Rolando Alonso, 45, of Hammond, Ind., father of six children, four stepchildren and grandchildren.

A 19-year-old man was critically injured and remained hospitalized Wednesday. Both worked for Rich Construction based in Dyer, Ind.

The gunman drove off, but less than an hour later shot and wounded 63-year-old Keith Dahl near Lowell, Ind.

Alonso's sister-in-law Laura Gonzalez said Alonso's wife lost her son last March. ''It's been hard for them,'' she said.

Alonso was a "devoted father and husband," she said. "I just hope they catch this guy before he tears another family apart."

Alonso left his native Mexico 20 years ago to escape poverty on his family farm. Alonso's cousin Angel Flores, of East Chicago, said he was "very involved" in church and his job.

She added: "He loved his children and his grandchildren. ... He came from hunger, and he didn't want that for his children. ... He saw an opportunity here in America. He worked from 5 in the morning until 10 at night and taught his children a work ethic."

http://www.suntimes.com/news/24-7/2780742,CST-NWS-manhunt07.article

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Poverty on rise in 'burbs

U. OF C. STUDY | Ranks of poor balloon 50% as services for them plummet

October 7, 2010

BY FRANCINE KNOWLES

The number of poor in Chicago's suburbs jumped in the last decade, and social service agencies are overwhelmed, a study from University of Chicago researchers found.

Most suburbs examined experienced more than 50 percent increases in the number of poor from 2000 to 2008. In Aurora, the number jumped nearly 62 percent to 19,479, and in Joliet, it rose 39.5 percent to 15,266.

Meanwhile, more than half of suburban Chicago nonprofits surveyed reported a loss in a key revenue source last year, the study released today showed. One in four reduced services, and 30 percent laid off full-time and part-time staff. More funding cuts are anticipated.

The study, prepared for the Brookings Institution, looked at 30 Chicago suburbs.

"Poverty rose in almost every Chicago suburban community that we looked at," said Scott Allard, study co-author and associate professor in the U. of C. School of Social Service Administration. "More recent data would show that these trends have only continued."

But few suburban communities have a social services infrastructure in place to address the challenges of increased poverty, he noted. In Cicero, there are 3,648 poor people per social service non-profit, the study revealed. In Carpentersville, there are 3,013 for every nonprofit, in Aurora, 1,299 for every one and in Skokie, 1,274 for every one.

Agencies are feeling the strain, according to Michael Meyer, chief executive officer of Fox Valley United Way in Aurora, which funds social service agencies.

"Our social service agencies are having a hard time keeping up with the rising demand," he said. "At the same time, there's less resources. It's harder to raise money."

Suburban social service organizations face a "perception challenge where people don't think of poverty as a suburban issue," and so charitable giving often isn't directed at nonprofits that work with poor people in the suburbs, Allard said.

And while as a nation about $300 billion a year is giving to non-profit charities, only about 10 percent of that goes to charities that help low-income people, he said.

"We need to make sure we're channeling our philanthropic giving to organizations that help poor people," Allard said. "Another thing we can do is continue to support the public programs that help unemployed adults find work, job training, or adult education programs or supporting child care . . . whatever it is, ensuring that we support programs that help people find and keep jobs."

http://www.suntimes.com/business/2780732,CST-NWS-Poverty07.article

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From the White House

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Honoring Fallen Firefighters, Preparing as Individuals

by Craig Fugate

October 06, 2010

This past Sunday, as part of the 2010 Fire Prevention Week, I had the privilege of delivering remarks on behalf of President Obama at the National Fallen Firefighter's Memorial, as we recognized and honored 105 firefighters who paid the ultimate sacrifice.  Here's a short excerpt:

To the families of those we've lost, the thoughts and prayers of a grateful nation are with you.

Firefighters are among the first called to any emergency – and it is a call they selflessly rush to meet. Whether for a fire, a highly specialized rescue, or emergency medical services, the men and women of our nation's fire services are there, serving their communities in a moment of need. Day after day, in towns and cities across this country, they are fighting structural fires or wildfires, or protecting our troops, bringing relief from fear, from danger, from the hazards of our world.

It takes a certain type of individual to be willing to rush into a burning building as everyone else is trying to get out.  As we remember the sacrifices firefighters and first responders make, along with their families, we as individuals have our own responsibility to make sure our own homes are protected, and the best thing you can do is make sure you have a working smoke alarm in your home .

Earlier this week, Glenn Gaines, the Acting Administrator of the U.S. Fire Administration, joined me in talking about the importance of properly installing smoke alarms:

 Here are few important things to know:

  • You should test your smoke alarm once a month.

  • You should change your alkaline batteries at least once a year.

  • You should install your smoke alarms on every level of your home (including the basement), outside of each sleeping area, and inside each bedroom.

  • You should not take the battery out of your smoke alarm if it sounds while you are cooking.

Residential structure fires occur every 79 seconds in this country.  A smoke alarm can alert you and your family to a fire whether you are awake or asleep: 24 hours a day, 7 days a week.  That piece of mind only costs you the price of the smoke alarm (available at a local drug store or hardware store) and the price of batteries.

As I often say, FEMA is not the team – we're only part of the team.  That team includes the entire federal family, state and local officials, first responders across our nation, and especially the public.  That's right - you as an individual and member of your community are a big part of the team.  The better prepared you are, the better prepared your community is.

How do you get started?  Make sure you have a working smoke alarm in your home and a plan for you and your family in case of a fire.

You never know when a fire or other emergency may strike – so take these simple steps today to make sure you are ready for tomorrow.

Craig Fugate is the Administrator of the Federal Emergency Management Agency

http://www.whitehouse.gov/blog/2010/10/06/honoring-fallen-firefighters-preparing-individuals

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From the Department of Homeland Security

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Secretary Napolitano Announces Record-breaking Immigration Enforcement Statistics Achieved under the Obama Administration

October 6, 2010

WASHINGTON—Department of Homeland Security (DHS) Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Director John Morton today announced record-breaking immigration enforcement statistics achieved under the Obama administration—including unprecedented numbers of convicted criminal alien removals and overall alien removals in fiscal year 2010.

Secretary Napolitano's announcements reflect this administration's continued focus on smart and effective immigration enforcement over the past 20 months—prioritizing the identification and removal of criminal aliens who pose a threat to public safety.

"This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law," said Secretary Napolitano. "Our approach has yielded historic results, removing more convicted criminal aliens than ever before and issuing more financial sanctions on employers who knowingly and repeatedly violate immigration laws than during the entire previous administration."

"ICE is committed to tough law enforcement that protects the safety and security of the American people," said ICE Director John Morton. "These record-setting numbers are the result of strong, sensible enforcement programs and priorities, and the dedication of thousands of ICE agents and officers who work tirelessly every day to keep our communities safe."

Secretary Napolitano and Director Morton were joined by Los Angeles County Sheriff Lee Baca, Harris County, Texas, Sheriff Adrian Garcia, and Fairfax County, Va., Sheriff Stan Barry at today's announcement.

In fiscal year 2010, ICE set a record for overall removals of illegal aliens, with more than 392,000 removals nationwide. Half of those removed—more than 195,000—were convicted criminals. The fiscal year 2010 statistics represent increases of more than 23,000 removals overall and 81,000 criminal removals compared to fiscal year 2008—a more than 70 percent increase in removal of criminal aliens from the previous administration.

DHS has also expanded the Secure Communities initiative—which uses biometric information and services to identify and remove criminal aliens in state prisons and local jails—from 14 jurisdictions in 2008 to more than 660 today, including all jurisdictions along the Southwest border. DHS is on track to expand this program to all law enforcement jurisdictions nationwide by 2013. This year alone, Secure Communities has resulted in the arrest of more than 59,000 convicted criminal aliens, including more than 21,000 convicted of major violent offenses like murder, rape, and the sexual abuse of children.

Since January 2009, ICE has audited more than 3,200 employers suspected of hiring illegal labor, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions—more than the total amount of audits and debarments than during the entire previous administration.

For more information, visit www.dhs.gov .

http://www.dhs.gov/ynews/releases/pr_1286389936778.shtm

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From the Department of Justice

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Eighty-Nine Law Enforcement Officers and 44 Others Indicted for Drug Trafficking Crimes in Puerto Rico

WASHINGTON – Eighty-nine law enforcement officers and 44 others in Puerto Rico have been charged in 26 indictments unsealed today and returned by a grand jury in San Juan, Puerto Rico, during the month of September 2010, Attorney General Eric Holder and U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico announced today.

The defendants face charges ranging from conspiracy to possess with intent to distribute more than five kilograms of cocaine, attempt to possess with intent to distribute more than five kilograms of cocaine, and use of a firearm during the commission of a drug trafficking offense. The offenses charged cover a period from in or about July 26, 2008 until Sept. 21, 2010.

The arrests today are the result of Operation Guard Shack, the largest police corruption investigation in the history of the FBI. Close to 750 FBI agents were flown in to Puerto Rico from across the country to assist in the arrests early this morning. Currently 129 individuals are in custody and four subjects remain at-large.

"The Justice Department's commitment to rooting out and eradicating alleged corruption in our law enforcement ranks has never been stronger," said Attorney General Eric Holder.  "This department has one message for anyone willing to abuse the public trust for personal gain: you will be caught, you will be stopped and you will be punished."

The indictments unsealed today are the result of 125 undercover drug transactions conducted by the FBI in several locations in Puerto Rico, from July 2008 until September 2010.  The defendants' participation in the drug transactions consisted of providing armed protection to a drug dealer during the sale of multi-kilogram quantities of cocaine.  In exchange for their security services during the undercover drug transactions, the defendants, a majority of whom are law enforcement officers, received payments ranging from $500 to $4,500 per transaction. 

The law enforcement officers indicted today are from the following agencies: 60 defendants from the Puerto Rico Police Department (PRPD); 16 defendants from various municipal police departments; and 12 officers from the Puerto Rico Corrections Department. The remaining defendants include: three Puerto Rico National Guard soldiers; two U.S. Army officers; eight former law enforcement officers ; one administrative examiner in child support matters; one employee from the Social Security Administration; and 30 civilians.

"These indictments demonstrate the commitment of the Department of Justice and the U.S. Attorney's Office in Puerto Rico to eradicate corruption in our law enforcement ranks. We cannot help but be appalled at the criminal conduct charged today against those who have sworn to serve and protect the citizens of Puerto Rico.  The people of Puerto Rico deserve and expect better, and today we send a clear message. We will continue working side by side with the many honest members of Puerto Rico's law enforcement agencies in our fight against drug trafficking, violent crime and corruption in the island," said U.S. Attorney Rodríguez-Vélez.

 "Public corruption does not just strike at the heart of good government. It also jeopardizes the security of our communities and our nation," said FBI Executive Assistant Director Shawn Henry, Criminal, Cyber, Response and Services Branch.  "It erodes public confidence and undermines the strength of our democracy.  The FBI is fully committed to pursuing allegations of public corruption and we will work closely with the Department of Justice to bring charges when necessary." 

The 61 indicted defendants from the Puerto Rico Police Department are : Omar Pérez Prado; Lt. Ángel Torres Figueroa; Carlos Fontanez Mercado, aka "Machazo;" Yacira Vélez Milian; Heriberto Cruz Vargas aka "Yopi;" Giovanni Cubertier Morales; Armando Valle Vicenty; Melvin Acevedo Hernández; Jeff Marrero Malpica; José Fuentes-Fuentes; Nelson Álvarez Mendoza; Obed Acevedo Ranero; Joel Hernández Hernández; David González Pérez; Israel Rullan Santiago; Eusebio Hernández Nieves; Xavier Álvarez Pérez; Ángel Acevedo Pérez, Ángel Rivera Ortiz, aka "Kento;" Samuel Acevedo Rivera; Pedro A. Morales Cintrón; Michael Forestier Figueroa; Juan Cruz Ramos, aka "Tito K9;" Jorge Rosado García; José R. Sánchez Quiñones; Rafael Figueroa Quiñones; Mayra Jiménez Pacheco; Juan D. Santiago Rosado; Rolando Nieves Valentin; Brenda Acosta Andújar; Javier A. Díaz Castro; Arnold E. Benítez Rivera; Rafael Rodríguez Valentin; Ramón Benítez Falcón; Carlos M. Méndez Pérez; Juan Hernández Vega;  Daviel Salinas Acevedo; Pedro Ayala Rivera; Yamil M. Navedo Ramírez; Ivan Santiago-Cruz; Daniel E. Ocasio Figueroa; Rafael Bautista Santiago; Isaías Reyes Arroyo; Sgt. Luis E. Pérez Ortiz; Hector Hernández Aguilar; Karla M. Colón Bracero; Jim Santana Ramírez; Jayson Acevedo; José L. Salva Negrón; Milton L. Martínez Matos; Luis A. González Torres; Miguel Santiago Cordero; Alberto De La Rosa Reyes; José B. Vargas Torres; Hector López Terrón; Johanna Caraballo López; Silverio Vera Monroy; Juan Jusino Ramos; Raúl Vega Sosa; Jonathan Ortiz Muñiz; and Hector Olivero Alicea. Ricardo Vázquez (U.S. Army Recruiter); Rafael Ureña Rivera, aka "Indio (former PRPD);" and William Rivera García (former municipal officer).

The 16 indicted defendants who are municipal police officers are: Andy Alejandrino Sánchez; Arcadio Hernández-Soto; Raquel Delgado Marrero; Ángel L. Rivera Claudio; Joel Omar Aldarondo-Montalvo; Neftali Valentin-Fred; José O. Maldonado García; Luis Joel Avilés Rullan; Mark Anthony Ortiz; Luis Román Herrera; Gabriel Lozada Torres; Onel Saavedra González; Rose M. Serrano Vargas; Wilfredo González Lagares; Francisco J. Riesta Natal; and Jose Pérez Pérez.

The 12 indicted defendants who are officers in the Puerto Rico Corrections Department are: Christian Díaz Maldonado; Olvin García Huertas; José L. Román Méndez; Ruben Maldonado Torres; Radamés Cortez Ozoa; Carlos M. Rosado López; Omar Torres Ruperto; Carlos M. Linares Vega; Bernis González Miranda; José R. Bermúdez Quiñones; Joel Díaz Nieves;  and Bernardo Cruz Trujillo.

The remaining 44 defendants are: Carlos Figueroa Cruz; Anthony Cruz; Miguel Sánchez Román (U.S. Army, former San Juan Municipal); Rodolfo E. Torres Negrón; Melquiades Álvarez Mendoza; Juan Carlos González Ortiz; Nelmic De La Cruz Raposo; Jesús LNU; Axel González Terron; Juan Cruz Tapia (Social Security Office); Edgar Rafael Rivera De Jesús (retired PRPD); Idanis García Morales (child support examiner); Christian Sotomayor Filomeno; Omar Cajigas; Abimael Hernández Rivera; Pedro González-Cruz; Rubin A. Maisonet De Jesús;Wayne Cedeño Amador; Josué Ramírez González; Oscar E. Ramos Rodríguez; Antonio L. Román Reyes; Yancy Toro Espiet; Alex O. Cordero Cortez, aka "Omar De La Cruz;" Luis Vélez-Concepción; Billy Hernández; Edward Quiñones (former PRPD); Christian A. Núñez-Reverón, aka "Kelvin Nuñez," Roberto Molina (retired PRPD); Francisco Manzano López (former PRPD); Abraham Sánchez (National Guard);  Hector Hernández-Aldarondo; Rafael E. Pérez Rivera; Sgt. Abraham González Sánchez (National Guard); Wendell Rivera Ruperto, aka "Arsenio Rivera," (former PR Department of Corrections); David Maldonado (National Guard); Juan C. Ramos-Vargas, aka "Joseph Avilés;" Frederick Santos Ortiz, aka "Roberto Ortega;" Yoana Sierra Padilla (former PRPD); Julio Gómez-Lloréns; Ricardo Amaro-Santiago; Eliezer Pagán Medina; and Sgt.

If convicted the defendants are facing sentences ranging from 10 years, up to life in prison.

This case is being prosecuted by Assistant U.S. Attorneys Courtney Coker and Jacqueline Novas.  The case is being investigated by the FBI San Juan Field Office.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.

http://www.justice.gov/opa/pr/2010/October/10-ag-1124.html

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From ICE

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ICE arrests 32 convicted criminal aliens in New Jersey

Arrests are part of national enforcement effort to remove convicted criminal aliens from the United States

NEWARK, N.J. - U.S. Immigration and Customs Enforcement (ICE) officers have arrested and processed 32 convicted criminal aliens for removal from the United States during a three-week Criminal Alien Program (CAP) operation that ended late last week. This law enforcement action focused on "at large" criminal aliens residing within the community.

All of the targets arrested in New Jersey had criminal convictions for offenses ranging from manslaughter and robbery to aggravated sexual contact with a minor and possession of cocaine.

Acting Field Office Director of ICE's Enforcement and Removal Operations office in Newark, John Tsoukaris stated: "ICE takes a prioritized approach to immigration enforcement, and focuses first on identifying and removing aliens who pose a danger to national security or a risk to public safety. All the individuals arrested and processed for removal during this surge in New Jersey were in that category."

The following are examples of the convicted criminal aliens arrested by ICE officers and agents during the surge who were placed in removal proceedings:

  • A 62 year-old Argentinean male from West New York, NJ wanted by Interpol in Argentina for crimes against children.

  • A 39 year-old Hong-Kong male from Edison, NJ convicted of manslaughter and robbery.

  • A 26 year-old Mexican male from New Brunswick, NJ convicted of aggravated criminal sexual contact of a minor.

  • A 37 year-old Dominican male from Paterson, NJ convicted of endangering the welfare of a child (sexual abuse of a minor).

  • A 32 year-old Colombian male from Passaic, NJ convicted of endangering the welfare of a child (sexual abuse of a minor).

  • A 28 year-old Guatemalan male from Long Branch, NJ convicted of possession of cocaine, eight convictions for shoplifting/theft and driving under the influence.

All those arrested during the operation are from each of the following16 nations: Argentina, Brazil, Colombia, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Honduras, Hong Kong, Jamaica, Mexico, Poland, Trinidad and Venezuela.

http://www.ice.gov/pi/nr/1010/101006newark.htm

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From the FBI

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FBI Director Speaks At National Security Preparedness Group Conference

Robert S. Mueller, III
Director
Federal Bureau of Investigation

National Security Preparedness Group Conference
Washington, D.C.

October 6, 2010

Good afternoon. With any ongoing issue of importance, it is useful to reflect on where we are, and where we need to be. That is why conferences like this are so important to our public discourse.

Today, I would like to touch briefly on terrorist threats, the tools we need to be successful, and the growing challenge presented by rapidly changing technology.

Al Qaeda's intent to conduct high-profile attacks in the United States remains unwavering. And while the structure of the group has been diminished, its power to influence individuals and affiliates around the world has not.

Recent plots suggest that Al Qaeda is focused on recruiting and training individuals from Europe and America—individuals who can more readily evade heightened security measures at the border.

We are also concerned with a growing threat from Al Qaeda affiliates, from the attempted Christmas Day bombing by Al Qaeda in the Arabian Peninsula, to the failed Times Square bombing by TTP, a Pakistani militant group.

In each case, these groups were able to recruit individuals committed to attacking the United States, and whose backgrounds were less likely to trigger security scrutiny.

In addition to large-scale attacks, Al Qaeda and its affiliates may also attempt smaller attacks that require less planning and fewer operational steps—which results in fewer opportunities to predict and prevent such attacks.

From Al Qaeda's perspective, these smaller attacks—even if unsuccessful—may still generate significant publicity, and therefore might have both a psychological and an economic impact.

Threats from homegrown extremists—those who live in the communities they intend to attack—are also of great concern. Here, too, the threat is quickly evolving. There is no typical profile of a homegrown terrorist; their experiences and motivating factors vary widely.

But these individuals are increasingly savvy. They are harder to detect, easily able to connect with other extremists, and—in some instances—highly capable operationally.

Let me turn to the impact of the Internet.

The Internet has become a primary platform for communication. It has also become a tool for spreading extremist propaganda, and for terrorist recruiting, training, and planning. It is a means of social networking for like-minded extremists . . . including those who are not yet radicalized, but who may become so through the anonymity of cyberspace.

In other words, the Internet has become a facilitator—even an accelerant—for terrorist and criminal activity.

Let us consider the impact of someone like Anwar Aulaqi—the American-born, Yemeni-based extremist. Ten years ago, Aulaqi would have operated in relative obscurity. Today, on the Internet, he has unlimited reach to individuals around the world, including those here at home.

In short, we are seeing an increase in the sources of terrorism, a wider array of terrorist targets, and an evolution in terrorist tactics and means of communication—all of which does make our job that much more difficult.

Given the nature of these threats, we must focus on the tools we need to keep the American people safe.

Today, the FBI is a threat-driven, intelligence-led organization. We are collecting, analyzing, and sharing intelligence to better understand all threats—those we already know about, and those that are yet developing.

We have identified our top investigative priorities, from terrorism and transnational organized crime, to white collar crime and violent gangs.

And we are working to ensure that we have the appropriate human sources to address these threats. In years past, we built sources inside of cases, to target individuals.

Today, we are building sources around emerging threats.

We are asking ourselves key questions about our investigative priorities. What do we know about pending and potential threats? What do we need to know? Is the threat immediate or unlikely to manifest itself for some time? Who might take action? And where and when might they do so? We understand that we must identify the gaps in our knowledge, and obtain the intelligence to fill those gaps.

Day in and day out, we are working to predict and disrupt threats to the American people, within the constraints of the Constitution.

Three tools are of particular importance to us: partnerships, community outreach, and technology.

First, partnerships. No one agency or department can handle these diverse challenges. Indeed, we have often said that working side-by-side is not only our best option, it is our only option.

The 9/11 Commission recognized the need to break down barriers between law enforcement and intelligence, and between federal law enforcement and our partners on the state and local level, and, indeed, around the world.

We have made great strides in breaking down those barriers, and we are all stronger for it. Today, we routinely share information across the board, about pending cases and emerging threats. And we are working cases together, here at home and abroad.

Since 2001, we have tripled the number of Joint Terrorism Task Forces across the country, to more than 100. These task forces combine the resources of the FBI, the intelligence community, the military, and our state and local partners.

With roughly 4,000 members, these task forces have been essential in breaking up terrorist plots across the country. Such was the case with the arrest of Najibullah Zazi and his co-conspirators, who were operating in both Denver and New York.

But we must also work closely with the citizens we serve. For years now, our Community Outreach specialists have worked to enhance public trust in the FBI. We host regular town hall meetings with community leaders and concerned citizens across the country. We want to better understand the issues of the communities we serve, and dispel myths about the FBI and the work we do.

We will continue to build on this strong foundation in the years to come, together with our federal, state, and local partners. We all recognize that we cannot be successful against crime or terrorism without the trust of the American people.

Let me turn for a moment to technology.

We have enhanced our technological capabilities in the Bureau in the last nine years. Yes, there is more work to be done. But we have greatly improved the way we collect, analyze, and share information.

Intelligence provides the information we need, but technology further enables us to find the patterns and connections in that intelligence. Through sophisticated, searchable databases, we are working to track down known and suspected terrorists, through biographical information, travel histories, and financial records. We can then share that information with those who need it, when they need it.

And yet, as the 9/11 Commission recognized in 2004, and I quote, technology “can create problems as well as solve them. . . . The emergence of the [Internet] has given terrorists a much easier means of acquiring information and exercising command and control over their operations. . . . These changes have made surveillance and threat warning more difficult.”

The commission went on to note that “Americans' love affair with [technology] leads them to regard it as the solution.” Yet for those of us in law enforcement, rapidly changing technology can present a problem.

One lesson we have learned in recent years is the need to ensure that the laws by which we operate keep pace with new threats and new technology.

By way of example, let us turn to court-ordered intercepts. In some instances, communications providers are not able to provide the electronic communications we seek in response to a court order. Many providers are not currently required to build or maintain intercept capabilities in their operating systems. As a result, they are often not equipped to provide timely assistance.

Critical laws covering this area have not been updated since 1994, when we moved from a copper-wire phone system to digital networks and cell phones. But of course, technology has expanded exponentially in the past 16 years.

We want to ensure that our ability to intercept communications is not eroded by advances in technology—technology we all rely on to communicate.

Our state and local partners face the same challenge. Much like our caseload, the majority of their cases include criminals using some form of electronic means to communicate. And because of this divide between technology and the law, they, too, are increasingly unable to access the information they need to protect public safety, and the evidence they need to bring criminals to justice.

For example, in a recent online child exploitation investigation, the subjects used the latest technology to conceal their activities. We identified key individuals in this ring only because one member agreed to help law enforcement infiltrate the group.

In another case, a Mexican drug cartel was making use of a communications system that we were not able to intercept. We had to use other investigative techniques that were far more risky.

While there are those in the private sector who may have concerns about working closely with law enforcement and the intelligence community, I will say that many of our private sector partners stand ready to assist with solutions to these problems. And we will continue to work together to ensure that providers can readily comply with court-ordered intercepts.

As we address heightened threats to our national security, we must consider the potential impact on our civil liberties, including the right to privacy.

Some have suggested there is an inherent tension between protecting national security and preserving civil liberties. I do disagree. Yes, we have a right to privacy. But we also have a right to ride the subways without the threat of bombings.

It is not a question of conflict; it is a question of balance.

If we safeguard our civil liberties, but leave our country vulnerable to a terrorist attack, we have lost. If we protect America from terrorism, but sacrifice civil liberties, we have also lost. We must work to strike that balance, every day, in every case.

Our world has indeed changed in recent years. Yet even in times of great change, certain constants remain: the desire for safety and security . . . the hope for peace and prosperity . . . and the need for solidarity against forces that might otherwise divide us. These constants are the same in communities and countries around the world. And it is these constants that we in the Bureau strive to protect every day.

Thank you for having me here today.

http://www.fbi.gov/pressrel/speeches/mueller100610.htm

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FBI Honors Montana Doctor for Protecting Native American Children

Dr. Earl Sutherland, Jr. to receive FBI Director's Community Leadership Award

Special Agent in Charge James S. McTighe of the FBI Salt Lake City Field Office is proud to present the 2010 Director's Community Leadership Award to Earl Sutherland, Jr., Ph.D. The FBI chose Dr. Sutherland for his work in protecting Native American children who are victims of sexual abuse and other violent acts. As a clinical child psychologist, Dr. Sutherland provides diagnostic and treatment services designed to stop the cycle of violence.

In April 2007, Dr. Sutherland started the Child and Adolescent Referral and Evaluation Centers (CARE) on the Crow Indian Reservation. In January 2010, he started a second CARE Center on the Northern Cheyenne Indian Reservation. Both facilities are located in Southeastern Montana.

“By recognizing Dr. Sutherland with the Director's Community Leadership Award for his work at the Child and Adolescent Referral and Evaluation Centers, we hope in some small way to convey our profound gratitude to Dr. Sutherland for his life-changing contributions to Native American children traumatized by sexual abuse and violence,” said FBI Special Agent in Charge James S. McTighe.

The CARE Center puts the needs of young victims first. Dr. Sutherland ensures they receive immediate counseling, determines how they have been victimized, and develops an appropriate treatment plan to address the psychological and physical well-being of the child. He also involves non-offending family members in the process. “Think about not only the emotional trauma, but the physical and spiritual trauma that develops from sexual abuse. Having the ability to help a child and their family cope with that is a wonderful opportunity,” said Dr. Sutherland.

Furthermore, the CARE Center works with a multidisciplinary team of medical professionals, law enforcement personnel, and prosecutors to investigate cases. Team members include the Bureau of Indian Affairs Social Services and Office of Justice Services, tribal prosecutors, Indian Health Service, the Federal Bureau of Investigation, and the United States Attorney's Office. A victim and their family members have an opportunity to meet and talk to everyone who is involved in their case, which can help them to better understand the medical, investigative and court process.

The goal of the CARE Center is to help nurture and heal children who have been traumatized by violence. Because of the center's success, Native American adults, who were sexually or physically abused as children are now coming forward to seek treatment as well.

The Director's Community Leadership Award is one way FBI Special Agents in Charge thank individuals or organizations for their tremendous efforts. Created in 1990, this special award is presented on behalf of the Director of the FBI to honor organizations and individuals like Dr. Earl Sutherland for their commitment to their communities.

http://saltlakecity.fbi.gov/pressrel/pressrel10/slc100610.htm

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