~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From Los Angeles Times

Dominique Strauss-Kahn and the sins of our systems

The charges against the former IMF chief provoke a cautionary tale of two systems.

by Christopher Kutz

May 20, 2011

Reactions to the Dominique Strauss-Kahn spectacle have been starkly different on the two sides of the Atlantic, and self-congratulations abound. Although national amour-propre makes sense for both the United States and France in this scandal involving the former head of the International Monetary Fund, each nation would do better to look through the eyes of the other.

The United States is justly proud that rich and poor alike stand equal before the law. Americans — really, American feminists — should congratulate themselves on a genuine revolution in the treatment of rape victims. Not much more than 20 years ago, the charges of rape victims — when they were heard at all — were presumed to be lies, grounded in shame at consensual sexual encounters, or revenge. Now, as the stunning speed of Strauss-Kahn's arrest makes clear, an African immigrant worker claiming rape in a luxury hotel is rightly presumed to be as credible as a rich tourist claiming a mugging in the park. On their side, the French can point to a system of criminal justice that avoids a media circus legitimized in the name of "transparency" and that, by and large, treats even the convicted with an appreciation of their humanity lacking in the overcrowded, increasingly privatized warehouses of dying souls that are U.S. prisons.

Certainly, the triumphant police trophy display of a rich white man — a Frenchman, no less — before an international gaggle of media should not blind Americans to the flaws of the U.S. justice system. I know from teaching criminal law how surprised even educated Americans are to learn of incarceration rates six to 10 times higher than Europe's. And while the elimination of a purely discretionary system of sentencing has meant somewhat greater racial equality in jail time for similar offenses, the use of prison as the principal tool to address drug use has given the U.S. one of the most racially skewed prison populations in the world. As Harvard sociologist Bruce Western has shown in studies, a young black man is more likely to go to prison than college or the military, roughly eight times the rate of whites.

The humiliating perp walk, the media circus, the charade of the citizen's bulwark of grand jury indictment (90% of prosecution targets are indicted), the trial contest between teams of lawyers — this is how the telegenic surface of the American criminal justice system provides an outlet for resentment and masks mass injustice, not to mention delivering prurient titillation. Let us not confuse a liberally dispersed degradation with an homage to equality. Even the spectacle of a trial itself is a rarity, since the vast majority of criminal cases in the U.S. are settled instead in a plea bargain, between prosecutors who wield nearly total discretion and thinly stretched public defense lawyers.

France's concern for the accused hearkens to the noble principle of Article 6 of the 1789 Declaration of the Rights of Man, which guarantees all citizens equality before the law, "eligible to all dignities." The idea of extending a concept of dignity to all humanity is one of the great contributions of the Enlightenment, however uneven its examples in reality. If dignity has flowered late in the French penal system, it still has flowered. As Yale legal historian James Whitman has argued, the universalization of the penal treatment once reserved for aristocrats marks the great difference between contemporary European penal systems and the American system, which instead has seen the universalization of the treatment previously reserved for plantation slaves.

But the Strauss-Kahn case makes clear that a commitment to dignity, even as it assumes an egalitarian face, makes room for an inegalitarian allowance for les dignités as well. Whatever the truth to this particular charge, it has been clear to many in French politics and media that his behavior would never have been countenanced were he not an insider as well as a genuinely brilliant politician and economist, committed to using the tools of international finance to improve the lives of the poor. The trivialization of his past thuggish behavior as "seduction" and "loving women" marks the dirty if open secret of French politics: an elite tolerance for corruption and misbehavior that is nearly as much an outlier among developed nations as the American taste for prison farms as social policy.

The Strauss-Kahn story will leave many casualties in its wake, not just victims of rape and harassment (or, if the conspiracy theories are right, an innocent man set up for a fall), but also those who will suffer if the IMF's turn toward increasingly progressive policies fail. But perhaps we can take the occasion to look at some hard truths about the sins of our systems, not just our politicians.

http://www.latimes.com/news/opinion/commentary/la-oe-kutz-dsk-20110520,0,383082,print.story

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From the New York Times

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

F.B.I. Is Looking at Unabomber in '82 Tylenol Case

WASHINGTON — The Federal Bureau of Investigation is examining whether Theodore J. Kaczynski, the Unabomber, was responsible for lacing several bottles of Tylenol with cyanide in 1982, bringing together two of the highest-profile domestic crimes of the late 20th century.

Mr. Kaczynski, who is serving a life sentence at the federal Supermax prison in Florence, Colo., recently filed court papers disclosing that the F.B.I.'s Chicago office was looking into whether he could be linked to the unsolved killings of seven people who swallowed the poisoned medicine.

The F.B.I. “wanted a sample of my DNA to compare with some partial DNA profiles connected with a 1982 event in which someone put potassium cyanide in Tylenol,” Mr. Kaczynski wrote. “The officers said the F.B.I. was prepared to get a court order to compel me to provide the DNA sample, but wanted to know whether I would provide the sample voluntarily.”

In the handwritten filing, dated May 5, Mr. Kaczynski, now 68, also denied any role: “I have never even possessed any potassium cyanide,” he wrote.

The F.B.I. office in Chicago announced in February 2009 that it was conducting a new review of evidence related to the Tylenol case, citing tips that had come in as a result of news media attention on the 25th anniversary of the killings and noting that “given the many recent advances in forensic technology, it was only natural that a second look be taken at the case and recovered evidence.”

It appeared that the F.B.I. was just making sure that Mr. Kaczynski's DNA did not match the fragment it suspects belonged to the Tylenol killer. Cynthia J. Yates, an F.B.I. spokeswoman in Chicago, confirmed that investigators were looking at Mr. Kaczynski, but said that investigators assigned to the revived effort to solve the case had already looked at several other people.

“As part of our re-examination of the evidence developed in connection with the 1982 Tylenol poisonings, we have attempted to secure DNA samples from numerous individuals, including Ted Kaczynski,” Ms. Yates said.

The development was first reported by The Sacramento Bee.

Mr. Kaczynski wrote that he would be willing to voluntarily provide a DNA sample “if the F.B.I. would satisfy a certain condition that is not relevant here”; he did not explain the condition. He also told the court that he was worried there was a small chance that his DNA might match the partial profile collected in the Tylenol case by coincidence.

“If it happens by chance that I fit one of the partial DNA profiles that the F.B.I. has in relation to the 1982 cyanide incident, then it will be not only to my advantage, but to the advantage of society in general, to resolve correctly the question of any putative connection between me and the cyanide incident,” he wrote.

To help prove his innocence should that happen, he asked the court to order the government to preserve certain evidence collected in his own case that would show whether investigators had found any traces of cyanide, or written references to it, at his cabin in Montana after his arrest.

Mr. Kaczynski's request comes as the United States Marshals Service opened an online auction for several of the items seized in the Unabomber case. A federal judge approved the sale last August. A spokeswoman for the marshals said on Thursday that nothing had been pulled from the sale in response to Mr. Kaczynski's concerns.

The items available include a typewriter; a hooded sweatshirt and sunglasses that resemble those the Unabomber wore in a well-known police sketch; Mr. Kaczynski's academic transcripts and diplomas from Harvard and the University of Michigan; photographs; tools that he used to make bombs; several quivers of arrows; handwritten codes; books; watches; and more than 20,000 pages of writings, including early handwritten and typewritten versions of his manifesto.

The auction began on Wednesday and runs through June 2. Proceeds from the sale will go to Mr. Kaczynski's victims.

“The U.S. Marshals Service has been given a unique opportunity to help the victims of Theodore Kaczynski's horrific crimes,” one marshal, Albert Nájera of California, said in a statement. “We will use the technology that Kaczynski railed against in his various manifestoes to sell artifacts of his life. The proceeds will go to his victims and, in a very small way, offset some of the hardships they have suffered.”

As the Unabomber, Mr. Kaczynski — a reclusive mathematician — was convicted of sending bombs through the mail for nearly 20 years, killing 3 people and wounding 23. In September 1995, The New York Times and The Washington Post published excerpts of a manifesto he had written opposing modern technology and industrial society.

http://www.nytimes.com/2011/05/20/us/20tylenol.html?ref=us

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From Google News

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

More than 30 cities out of gov't grant program

by ALICIA A. CALDWELL

The Department of Homeland Security has notified more than 30 cities across the country that they are losing anti-terror funding from the federal government.

The department said Thursday that money for the Urban Areas Security Initiative grants has been cut by about $170 million as part of a larger budget cut that eliminated more than $780 million in grant money from the latest federal budget. The budget cuts mean that only 31 high-threat urban areas, including New York and Washington, will still receive grants this year.

Texas is taking the largest hit, with Austin, El Paso, and San Antonio no longer eligible to receive millions in funding through the Department of Homeland Security's Urban Areas Security Initiative grant program. Combined, the cities received more than $14.5 million in federal funding last year.

Rep. Peter King, chair of the Homeland Security Committee, praised the department for continuing to fund the New York City region at the same level -- about $151.5 million -- as in years past.

He said in a statement that the allocations "in this difficult fiscal climate" reflect his and Homeland Security Secretary Janet Napolitano's "recognition that New York and Long Island remain the top target of al Qaida and its affiliates and need continued federal funding."

New York and Washington were targets of the Sept. 11 terrorist attacks and have traditionally received the most attention, and money, from the federal government.

In other cities and regions, including in upstate New York, the news that millions of dollar would be lost was met Thursday with a vocal opposition.

"This is a glaring example of the real world impact on western New York of the extreme cuts the new House majority is focused on," said Rep. Brian Higgins, a New York Democrat who serves on the Border and Maritime Security and Counterterrorism and Intelligence subcommittees. "The budget is a statement of our national priorities. Keeping our border safe, protecting a region with a history of terrorist cell activities should top the list. Yet, we have people protecting big oil at the expense of national security and that is costing this community and could cost this nation dearly."

And the cuts come at a worrisome time for law enforcement. After the killing of Osama bin Laden, U.S. authorities have recovered evidence from his compound in Pakistan that the terror leader was encouraging his followers to target smaller U.S. cities in future attacks.

The grant program was launched in 2003 in response to security threats in the wake of the terrorist attacks. Initially the money was available only to New York City, Washington, Los Angeles, Seattle, Chicago, San Francisco, and Houston. But since 2008 more than 60 cities have been awarded the risk-based grants.

In Fiscal Year 2010, 54 smaller cities were eligible to split almost $310 million in funding. Ten larger, higher-risk cities, like New York and Washington, vied for about $525 million. Thirty cities in 23 states and Washington will now share more than $662 million dollars. The lion's share, about $540 million, will be split by the 10 largest cities.

Also included in the cities losing money are Providence, R.I., Baton Rouge and New Orleans, La., Tucson, Ariz., and Honolulu.

Sen. Joe Lieberman, a Connecticut independent and chairman of the Homeland Security and Governmental Affairs Committee, said Connecticut stands to lose about half of the Homeland Security money its cities have received in recent years.

He said Bridgeport and Hartford, which received a combined $5.5 million last year, are among the cities being cut from the program.

"I understand that everyone must sacrifice to bring our federal deficit under control," Lieberman said in a statement issued Wednesday. "But I do not support cutting the budget on the back of our national security, particularly since foreign and homegrown terrorists will continue to strike us at home."

http://www.businessweek.com/ap/financialnews/D9NAM0E00.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Jared Loughner's outbursts documented by emails

PHOENIX — An Arizona college complied with a court order and released numerous emails about the Tucson shooting rampage suspect, painting a picture of a struggling student with emotional problems who disturbed others with his strange behavior.

At one point, a Pima Community College police officer wanted to expel Jared Lee Loughner after he caused an outburst in a math class in June 2010, but a dean said she wasn't ready to do so and expressed concerns about Loughner's due-process rights, according to one of the notes.

The emails released Thursday document several outbursts by Loughner while at the college and efforts by school officials to confront his unusual behavior.

The school was ordered to release 250 emails after The Arizona Republic sued it for withholding documents mentioning Loughner and a judge rejected the school's argument that the records were protected by a federal privacy law.

Three months before the shooting rampage, campus police asked federal firearms agents to see whether they had any firearms information on Loughner, but the check turned up nothing, according to the emails.

The apparent final straw was a Sept. 23, 2010, disturbance by Loughner. Campus police records say a teacher asked an officer to meet her outside her classroom to deal with Loughner because he was “being verbal disruptive.” They do not elaborate on what Loughner allegedly did.

Six days later, officers went to Loughner's home to serve an immediate suspension notice. He was told to get a mental health evaluation or not return.

Loughner has pleaded not guilty to dozens of federal charges stemming from the Jan. 8 shooting at a meet-and-greet political event. U.S. Rep. Gabrielle Giffords and 12 others were wounded in the attack, and six people were killed, including a 9-year-old girl and a federal judge.

Emails sent in the days following the Jan. 8 shooting show school officials wondering if they did enough.

Former college counselor Cecilia Alter said in a Jan. 13 email that she was reflecting on the way students like Loughner were handled, and questioned if there was anything more they could have done. Based on legal advice and the “limited” resources available to the school, Alter said, “I keep coming back to the conclusion that we did the best we could.”

But at least one college official thought the school could have done more.

Mark Dworschak, the director of contracts and risk management at the college, said in a Jan. 13 email that he disagreed with another official that responsibility falls to the student to seek psychiatric care, not the college.

“Arizona has one of the most lenient criteria for a commitment procedure which, having read the police reports, should have been initiated,” Dworschak wrote. “You don't dump them as (another official) suggests.”

Loughner began attending Pima Community College in 2005. The school's emails show him becoming increasingly disruptive in the summer and fall of 2010.

A student complained to a writing teacher in February 2010 about Loughner putting a knife on his desk. The complaint was made nearly 11 months before the shooting spree.

The teacher then emailed a school official, saying he didn't see the knife but noting that another student had a similar complaint.

“I think we ought to have another conversation with Jared to try to get to the bottom of this, and really at this point, I'd like to do everything that we can to have him removed from the class,” teacher Steven Salmoni wrote. “I think his presence alone is interfering with the kind of environment that I'm trying to foster in this course.”

In related emails, a dean said the matter needed quick attention, while another school official wrote that campus police were looking into Loughner's background.

Loughner drew the attention of college officials again when he caused a disturbance in a math class on June 1, 2010. The teacher said Loughner appeared to be under the influence of drugs. The next day, counselor DeLisa Siddall met with Loughner.

Loughner told Siddall he felt he was being “scammed” in class and was scared that his freedom-of-speech rights were being jeopardized.

The counselor asked Loughner about the questions he asked during the disturbance. “He said, ‘My instructor said he called a number 6 and said I call it 18.' He also asked the instructor to explain, ‘How can you deny math instead of accept it.'”

Loughner told Siddall he wanted to remain in the class and would stop asking the teacher questions. He also showed proof he was doing the assignments. Siddall says in an email to the math teacher and others that because Loughner said he would remain silent, she had no grounds to remove him.

He returned to the class after their meeting without incident. But the following day, he exhibited intimidating behavior including staring at the teacher and some classmates with an “evil” smile and laughing inappropriately at a remark the instructor made, according to the documents.

Pima Community College Dean Patricia Houston said in an email that a campus police officer wanted to expel Loughner, but Houston said she wasn't ready to do that and more investigation was needed.

“It is a matter of balancing the disruptive student's right to due process with the rights of the other students in the class,” Houston wrote.

Houston and other administrators decided to let Loughner return to class but to take him aside and talk to him again. But this time, they planned to have an officer nearby.

Two days after Loughner was served with a suspension notice, an agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives sent a one-sentence email to a campus police officer saying the federal agency didn't find any information on Loughner involving firearms.

Days before, the campus officer had told the ATF agent that Loughner was a “person of interest” and cited his past disruptive behavior.

Loughner was returned to a federal prison facility in Tucson last month after spending five weeks at a Bureau of Prisons facility in Missouri, where he underwent mental exams. A mental competency hearing is scheduled for May 25. Loughner's lawyers have described their client in court documents as a “gravely mentally ill man.”

http://www.washingtonpost.com/national/emails-document-outbursts-by-ariz-shooting-suspect-efforts-by-college-to-confront-him/2011/05/20/AFpMjd7G_print.html

.