In The News

What’s Your Definition of a Pimp?

by Diane Dimond on May 19, 2013

  [caption id="attachment_6345" align="alignleft" width="150"] Danielle Douglas, Former Sex Trafficking Victim[/caption] Danielle Douglas had a wonderful Mother’s Day – breakfast out, a trip to the zoo with her husband and two children, snuggly nap time and the gift of a colorful necklace and brooch. This New Jersey woman looks like a modern-day young mother. She works at a pharmaceutical company and in her spare time she experiments with fashion statements - different haircuts and color and fanciful makeup to accentuate her beautiful hazel eyes.But Danielle, 30, is far from typical. She is a survivor of human trafficking, victimized during her teen years by a vicious pimp who turned her out as a prostitute in the Boston area. Those violent years and how she survived is the subject of an upcoming documentary called, “10,000 Men” to be released later this year.  Today, Danielle is a woman with a mission. [caption id="attachment_6339" align="alignright" width="150"] Sex Slaves Are Held Nationwide[/caption] On the heels of news about the House of Horrors in Cleveland where three young women were held as sex slaves, Danielle is pushing for heightened awareness about how pervasive human sex trafficking is – nationwide. For Danielle words matter. “We have to start by changing the vocabulary that defines the crime,” she told me. And for her, “It all begins with the pimp.” For Danielle that was the man who conned her, imprisoned her in a home with other women, brought in streams of strange men and allowed her only a few supervised phone calls home to her worried family. He lived off her labor.  Recently, Danielle turned to a dictionary to look up the word “pimp” and was floored at the milk-toast, turn-of-the-century definition she found in her Merriam-Webster: “A man who solicits clients for a prostitute.” [caption id="attachment_6346" align="alignleft" width="150"] Up to Date Definitions? Afraid Not[/caption] “This is like a 1920’s definition!” she said. “Anyone who works with the problem of human trafficking knows that isn't even close to what a pimp is! … nothing about the violence they perpetrate and what they actually do to people,” she said with anger in her voice. “I decided, I've got to start a petition about this….we have to get real!”   Danielle’s on-line petition calls for Merriam-Webster to understand that, “Pimps use fear, force, and coercion to abduct human beings. They are usually violent and abusive, and can use various tactics to keep the human beings under their control.” She asks the dictionary keepers, “How can we expect people to understand sex trafficking when the definition of one of the main aspects is incorrect?”  My repeated messages to Merriam-Webster in Springfield, Massachusetts were ignored. But Danielle is a determined sort. She told me she finally got past the tape-recorded phone system and got a man in marketing on the phone. She calmly explained that she would like to discuss changing the definition of a word.  “He told me they only change definitions when they aren't current anymore. And (that) ‘We decide what needs changing.’” Danielle was told that the brainiacs at Merriam-Webster scour the internet to study current word usage and that is what determines whether changes are made.  [caption id="attachment_6347" align="alignright" width="120"] Human Trafficking is a Global Problem[/caption] Gee, a quick Google search and I was able to find pages of information about physically violent and mentally abusive pimps identified in scholarly human trafficking studies. It took me no time to learn about the Trafficking Victims Protection Act of 2000 which equates pimps to slave owners. Let’s not overlook the fact that many pimps sell defenseless children. On the Justice Department’s web site I found more than 115 recent entries by simply searching the words, “Sex trafficking + pimps + children.”  The folks at Merriam-Webster may not know the term “pimp” means a lot more than just, “A man who solicits clients for a prostitute,” but we know. So, let’s take up the education campaign where the dictionary has faltered.  Armed with the knowledge of what a pimp really is – a modern day slave owner of women and children – let’s all do our part to make sure another Cleveland-like situation isn't happening right under our noses. Exact victim numbers are impossible to know but a recent message from Congress estimates, “Every year as many as 17,500 people are trafficked into the U.S. from over 50 countries.” That doesn't even count missing or exploited American citizens.  [caption id="attachment_6348" align="alignleft" width="120"] Castro Held 3 as Sex Slaves for a Decade![/caption] Obviously, the Cleveland monster, Ariel Castro, 52, was not your run-of-the-mill pimp but his brutality toward women had been well documented in a string of domestic violence complaints dating back to 1989. In 2004, police went to his home after he was accused of mistreating a child on his school bus but no one answered and police never tried to speak to him at the house again. More recently, when neighbors say they called in a report of seeing a naked woman chained in his backyard Castro should have already been on law enforcement’s radar even though none of the numerous complaints against him ever wound up in court.  Things won’t get better until we all get involved. Neighbors? Make it your business to know what’s going on at that spooky house down the block. Call police with your suspicions because there is no telling what – or who – they might find behind those blacked out windows. Call more than once if you have to.   To law enforcement I say: More awareness training, please, so officers don’t just stop-and-knock but actually ask to come inside for a routine welfare check – in all rooms of the house. And to politicians: How about some tougher anti-pimp laws to insure it isn’t just the prostitute that gets arrested? And while I've got your attention – why not sign Danielle’s petition? Words matter and true definitions enlighten.  home  UPDATE: On May 23, 2013 Danielle Douglas became victorious!  Merriam-Webster wrote to Danielle and declared, "Thank you for your message regarding the definition of "pimp." We agree that the current definition is in need of updating and are researching the matter further. We expect the definition to be changed when the dictionary is next revised. Thank you again for helping to bring this matter to our attention.
Merriam-Webster Editorial Department" Who says you can't fight City Hall? My suggestion to Merriam-Webster is:  why wait to provide to become current in the next revised publication? How's about changing the definition of "pimp" right now in the on-line dictionary?  ~ DD

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[caption id="attachment_6320" align="alignleft" width="120"] Does Dept Make You Feel Secure?[/caption] I've been doing a lot of thinking about our Department of Homeland Security lately. The DHS was formed after the September 11, 2001 attacks, of course, but since then it has grown to mammoth proportions. It now has more than 200,000 employees and it is the nation’s third largest Cabinet department after the Defense Department and Veterans Affairs. The taxpayer’s bill for DHS is also enormous. If all goes as planned you and I will send $59 billion more of our hard earned dollars to the DHS this year to advance their mission to, “prevent attacks and protect Americans – on the land, in the sea and in the air.” Here we are more than a dozen years after 9-11 – and hundreds of billions of dollars later – and we still have no foolproof way to sift through our own suspected terrorist watch list. It’s called the Terrorist Identities Datamart Environment or TIDE and it current holds a whopping 700,000 suspect’s names. Something as simple as a misspelled name can gum up the works and render the list next to useless. [caption id="attachment_6322" align="alignright" width="120"] America Welcomed His Family - He Became Terrorist[/caption] After Russian and Saudi intelligence agents labeled Boston bomber Tamerlan Tsarnaev, a “follower of radical Islam,” and warned us in 2011 to keep an eye on him, neither the FBI or the CIA found any evidence that he was connected to extremist Muslim groups. Nonetheless Tsarnaev’s name was entered onto the TIDE list but, yes, you guessed it – his last name was misspelled. The list should have spit out Tsarnaev’s name when he traveled from Massachusetts to Chechnya and Dagestan (known terrorist training grounds) in 2012 but it didn't  Tsarnaev stayed in Russia for six full months and then returned to the United States unhampered and apparently un-watched. It was during that trip, American intelligence believes, the older Tsarnaev brother became radicalized and programmed to do harm to as many Americans as possible. Tsarnaev’s dramatically accusatory mother back in Dagestan (she left the Boston area after being charged with shoplifting) has claimed the FBI hounded her son for five years. If that really happened don’t you think the FBI would have discovered the Tsarnaev brothers’ bomb plot and acted to stop it? [caption id="attachment_6323" align="alignleft" width="120"] The Devoted Mother of Terrorists[/caption] On the other hand, there seems to be so many holes in our national security safety net I don’t know what to think anymore. I’m still unclear as to which agency was actually supposed to watch Tsarnaev. The FBI? DHS? Immigration or some other far-flung governmental body? I have worked with countless devoted and tireless agents of the FBI, Secret Service, U.S. Customs and state and local police departments across the country. I hate to cast aspersions on any law enforcement agency’s dedicated work keeping us safe. But it is clear more than a decade after 9-11 the U.S. infra- structure needed to ferret out possible terrorists is still blatantly lacking in major ways. Homeland Security Secretary Janet Napolitano was recently forced to admit a major deficiency. She revealed we still don’t have a trustworthy, computerized system to figure out which foreign students are in the country legally or on expired student visas. Unbelievable! [caption id="attachment_6324" align="alignright" width="120"] Is She the Right Leader for DHS?[/caption] That student visa lapse allowed a young man from Kazakhstan to recently re-enter the United States and head back to Boston even though he wasn't enrolled in school anymore. That person is now charged with trying to help the younger Dzhokhar Tsarnaev cover up his Boston Marathon bombing crimes by removing evidence from his dorm room. Napolitano confirms that since the tragedy in Boston U.S. Customs and Border Protection agents have been laboriously checking student visa files – by hand – to identify which are still valid and those that are not. Maybe, Napolitano says, we’ll have an automated system by the end of this month. Really? Between September 11, 2001 and now no one thought it was important to keep computerized and organized tabs on foreign student visas? It’s clear we need to shake up the organization of all our domestic protection efforts to come up with a mandatory and cooperative framework that assures all our government agencies work together and are more responsive to today’s security needs. [caption id="attachment_6326" align="alignleft" width="150"] Made at Home Plastic Guns - And They Work[/caption] Now comes word of a new threat that seems to have caught authorities by surprise. While the national debate was focused on new gun control laws there was a unique kind of gun being added to the American arsenal – plastic guns produced by relatively inexpensive 3-D printers. These new printers do have positive applications. They can produce low cost medical, automotive and toy parts. Gun makers simply load the printers with sheets of thick plastic and program them to follow a computerized blueprint. Plastic gun parts are then formed and snapped together and loaded with traditional ammunition they are just as deadly as any other firearm. There is one small piece of metal included, designed to meet some obscure federal law on guns, but this new breed of weapon is thought to be mostly undetectable. That means our traditional screening procedures at airports, schools and government buildings could be useless. I don’t know if Homeland Security should have been on top of this new invention. Maybe it’s the Bureau of Alcohol, Tobacco, Firearms and Explosives or the FBI or any other number of government agencies. I do know that our law enforcement agencies don't always share intelligence - Boston PD, for example, never knew the FBI looked at the older Tsarnaev brother as a potential terrorist.  As terror and crime continue to morph into various and scary forms it is imperative that our bloated and disorganized government agencies get it together! Lives depend on it. home  

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Moving? Beware the Con!

by Diane Dimond on May 6, 2013

[caption id="attachment_6290" align="alignleft" width="150"] We're On The Move![/caption] Hey, have you heard? The economy is improving! Car sales are up, so are new construction permits and the housing market seems to have righted itself. According to folks who keep track of these things at the American Moving & Storage Association a record number of us are expected to move residences this year, migrating to bigger apartments, houses or new jobs out of state. The Census Bureau reports that last year 36.5 million Americans changed where they lived. (They count every man, woman and child over 1 year old.) So, imagine the economic impact of close to 40 million people journeying to new locations. Many will need to buy new appliances, carpets, drapes and other furnishings for their new place. It will surely be a great shot in the arm for the economy and there are predictions that improving consumer confidence will fuel even more economic improvement! But hold on. Before we get to feeling all warm and fuzzy let’s remember that these are exactly the times con-men crave. When people are on the move and spending money the craftiest of that breed surfaces. [caption id="attachment_6294" align="alignright" width="150"] Do Your Movers Know What They're Doing?[/caption] Apparently, Spring is a traditional time when many decide to pick up and start fresh somewhere new. In fact, the month of May is National Moving Month and crooks have already marked it on their calendar. The AMSA has now joined forces with the national Better Business Bureau to remind anyone planning to move to beware of rip-off artists on the prowl. "A con artist with just a truck and a website can claim to be a legitimate mover with unfortunate results for consumers who don’t check out a company in advance,” warns AMSA President and CEO Linda Bauer Darr. The BBB reports that last year 1.3 million Americans were smart enough to call their local offices to check out moving companies before they hired them. Unfortunately, lots of others did not, relying on a “friend of a friend” or an ad on Craigslist to find what they thought would be a reputable moving company. The Bureau says it also got more than 9,000 complaints about unscrupulous movers in 2012. [caption id="attachment_6303" align="alignleft" width="150"] Check Out Movers with the BBB first[/caption] Among the issues: unskilled workers who didn't pack things properly, damaged, destroyed or missing items, late deliveries and original estimates that suddenly ballooned once the truck pulled up to the new residence. Many consumers reported their belongings were, literally, held hostage until the disputed amount was paid in full. Case in point: a man named Tim Walker, who moved from Virginia to Nevada and after six weeks of fighting finally gave in. He paid double the original estimate to get his belongings released. Sometimes dishonest movers can be found and punished but lots of times they – their truck and their attractive web site – disappear without a trace. So, what’s a harried family pre-occupied with packing up supposed to do to protect themselves? [caption id="attachment_6297" align="alignright" width="150"] Don't Forget About Cluttered Attics & Garages[/caption] First, get at least three in-house written estimates and when you call note whether they answer with their business name or just a drowsy sounding, “Hello?” So that your estimate is based in reality make sure the company sees everything you want to take including all the stuff you’ve stashed in the garage. Verify that the mover is actually insured and bonded as so many claim to be. And, don’t jump at the lowest price thinking you’re getting a deal. Remember the old saying, “You get what you pay for.” Second, if you are moving out of state understand that all interstate movers have to be licensed with the federal government so ask for the company’s motor carrier number. Then, go to www.protectyourmove.gov and make sure to verify that the number is active. Third, know your rights. In fact, reputable movers will give you pamphlets outlining ways to make sure the transport of your belongings goes smoothly. Never pay hostage money for your property. Call police right away if movers demand more money than their original estimate. Several states are conducting undercover stings of suspected rogue movers this season so the faster you can get law enforcement on the scene the better. For good measure, don’t forget to report the crooks to the BBB. [caption id="attachment_6304" align="alignleft" width="150"] This Symbol Can Help You Decide[/caption] The American Moving & Storage Association also helps make your final choice of an honest mover easier. They have a sort of Good Housekeeping Seal of Approval you should look for. They bestow their stylized blue “M” ProMovers logo only on certified moving companies. Once you see that logo on a company’s advertisements or business card you can be sure the firm has gone through the association’s rigorous screening program which includes a criminal background check on all owners, officers and stockholders. The firm must show they are in compliance with all state and federal laws. The company has to agree not to engage in false advertising and they sign the association’s Code of Ethics pledge. Each year the AMSA doubles back to re-check each firm and their right to advertise with the ProMover designation can be revoked if they find any problems. “Our mission is to get these rogues off the road,” Darr says. “That is the single most important thing we can do … (They) are killing our business and killing consumers' faith in professional movers." You may not be changing your residence anytime soon but with close to 40 million Americans moving this year chances are you know someone who will be. Do them a favor. Warn them about the pitfalls. Hand them a copy of this column. home  

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Radical Muslims Want Us Dead – Understand?

by Diane Dimond on April 29, 2013

[caption id="attachment_6274" align="alignleft" width="150"] Tsarnaev Brothers - Radical Muslims Who Spread Terror[/caption] Extreme factions of the Muslim religion want us dead - every American and everyone who embraces a religion different than theirs. We are infidels, heathens and heretics and they believe it is their mission to wipe us off the face of the earth. I know it isn’t politically correct to publicly discuss how the most radicalized elements of the Muslim faith have targeted Americans for death. I know it is not acceptable to “profile” people based on their country of origin or religious traditions – not even when cold, hard, bloody, murderous facts directly stare us in the face. What kind of Alice-in-Wonderland thinking keeps this country from stating the obvious? What is the matter with us, as a people, that we cannot readily see and say who our enemy is? Now, before I’m waved off as suffering from Islamophobia let’s take a look at the two basic types of terror we face today. [caption id="attachment_6275" align="alignright" width="120"] Homegrown Source of Terror, Adam Lanza[/caption] The first kind is homegrown and we've suffered through a lot of it lately. It erupts when deranged people get a hold of a weapon and start destroying lives in our elementary schools, theaters and on college campuses. These are the random mass murders that evolve from the profound mental illness of our fellow citizens. I've written extensively in this space about the need to identify and help treat that group in advance of their deadly sprees. The second kind of terror is more insidious. It is carefully and meticulously planned. It springs from a fanatical religious place few of us can really understand. It is uniquely anti-American and while its perpetrators wrap themselves in a cloak of godliness their actions are a bona fide war, a cherished duty of jihad against people they don’t even know – us. [caption id="attachment_6277" align="alignleft" width="150"] Never Forget - Muslim Extremists Did This[/caption] Radicalized off-shoot cults of Islam twice attacked the World Trade Center (in 1993 and again in 2001) and forced down packed passenger jets at the Pentagon and a field in Pennsylvania. One enraged Muslim flexing his jihadist muscles used U.S. military issued weapons at Ft. Hood, Texas to gun down 13 Americans and wound 32 others. And now, the two profoundly misguided Muslim brother- bombers in Boston. All were murderous assassins who did not target a particular person. They put a bull’s-eye on any and all U.S. citizens – men, women and children of any age – and their goal was to kill and spill as much American blood as possible. In the midst of their rampage around Boston the Tsarnaev brothers car-jacked a luxury SUV and bragged to the Chinese driver about placing pressure cooker bombs at the marathon’s finish line. Later the victim told police the terrorists allowed him to live because, “I am not American.” That says it all. [caption id="attachment_6278" align="alignright" width="150"] Ambsr Stevens Dragged in Streets by Muslim Radicals[/caption] The terror filled week that played out in Boston grabbed many of us by our collective throat and slammed us against the wall because we had become complacent. We believed it couldn't happen again on American soil. Even in the face of attacks on American embassies overseas (and the still un-avenged torture and assassination of U.S. Ambassador Chris Stevens in Benghazi) we have swallowed pronouncements from Washington that “al-Qaeda is on its heels,” that the terrorist organization is nearly “decapitated” to use the president’s word. That, of course, is nonsense given what happened in Massachusetts last week. There is also an unconfirmed report from a British newspaper that the FBI is searching for a 12 member sleeper cell linked to the Boston bombers – a cell that, “has been waiting several years for their day to come,” according to a source close to the investigation. And this week, the Royal Canadian Mounted Police announced the arrest of two “al-Qaeda inspired” suspects bent on de-railing a passenger train as it crossed a suspended trestle in Toronto. According to CBC News the pair had been under surveillance for more than a year and was getting their marching orders from an al-Qaeda operative living on the Afghanistan/Iran border. The RCMP now admits they have been monitoring a broad network of terrorism suspects in their country. [caption id="attachment_6279" align="alignleft" width="150"] Americans in Boston Celebrate Capture of Tsarnaev Brother[/caption] Taken together it seems clear that radical Muslim elements have a toe-hold right here in North America. They are not radical Catholics or extremist Methodists or fanatical Quakers. The terrorists who fervently want us dead are a splinter group of Muslims that hate Americans so much they will spend years silently organizing and plotting our demise and not care if they die in the process. This is not a column to condemn or place under suspicion the millions of compassionate, forgiving and loving Muslims in the world. I know that at the core of their belief is love and a toleration of all people and ideologies. But honest folk must agree that festering within the peace loving Muslim religion is a rotten core of murderous terrorists. It is clear that Muslim leaders are unable to police the flock. It is certain that Muslim dominated countries that get multiple billions in U.S. foreign aid – Afghanistan, Pakistan, Yemen, Iraq – aren’t helping eliminate the threat either. That leaves it up to us to fight our own battle against terrorism. How is that supposed to work if we cannot openly discuss the enemy without fear of being branded as prejudiced? It is not an act of discrimination to mention who they are. These violent Muslims have been out to destroy us for decades. So, cling to your political correctness if you must. I will adhere to the wise old saying, “Those who don’t know history are doomed to repeat it.” home  

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[caption id="attachment_6241" align="alignleft" width="150"] This is What Anti-AmericanTerror Looks Like[/caption]         "Make no mistake we will get to the bottom of this and we will find out who did this and find out why they did this."-- President Barak Obama There will be no satisfying “why” at the end of the investigation into who placed bombs near the finish line of the Boston marathon. Just like there was no satisfying “why” following the massacres at Columbine High School or Virginia Tech. Nothing can ever adequately explain to normal thinking people how a gunman could hunt down tiny students at a Connecticut elementary school or exterminate innocents gathered at a Tucson parking lot to see their Congresswoman, Gabby Giffords. And so it will go with Boston. [caption id="attachment_6243" align="alignright" width="150"] Two Brothers - One (Left) is Dead the Other Captured[/caption] We quickly learned the identity of the persons who chose Massachusetts’ Patriot’s Day to make their treasonous statement about whatever perceived wrong had festered in their sick mind.  And, even in these early days of the investigation we already knew a lot about their personalities. These  bombers wanted to inflict as much death and destruction as they possibly could. And, by timing the bombs as they did – setting them to explode during the fourth hour of the marathon – they weren't targeting the premiere athletes who had finished an hour or more earlier. No, the demented mastermind of this event wanted to exact revenge on the less strong, the average runner, who would be struggling the hardest to make it across the finish line. Was the perpetrator trying to send a twisted message against America or was it just a depraved attempt to deny the exhausted runners the joy of reaching their goal? Not long after the dual bombings President Obama solemnly announced, “Any responsible individuals, any responsible groups will feel the full weight of justice.” [caption id="attachment_6246" align="alignleft" width="150"] So Many Victims Lost Legs in the Blast[/caption] Well, here’s a question. Given all the sequestration-caused furloughs within the ranks of federal investigators and prosecutors who exactly will provide the “weight” behind this promised justice? Our federal law enforcement forces are already stretched to the limit and their massive workloads and mandatory furlough days aren't going to suddenly disappear because there is a new case on the books. Someone who is on the front line of all this (and therefore must remain confidential) wrote me after the tragedy to express total frustration. “Myself and all ‘Feds’ feel like we are getting beaten down so bad we can barely breathe. No raises for years, no future raises and now a massive reduction in salary through sequester furloughs [mandatory unpaid leave, during which we are NOT PERMITTED TO WORK or even answer our cell or emails!!]” This is the weighty justice system our president promises will leap into action? [caption id="attachment_6247" align="alignright" width="150"] AG Holder Warned of Sequestration Layoffs[/caption] Just last month my confidential source’s boss, Attorney General Eric Holder, told the Senate Judiciary Committee that the $1.6 billion dollar sequestration cut to the Justice Department’s budget could have a “profound” impact on America’s safety in the future. “Important law enforcement and litigation programs are being disrupted,” Holder said. “Our capacity - to respond to crimes, investigate wrongdoing, and hold criminals accountable - has been reduced.” Well, now the Justice Department has on its plate what will surely turn out to be a major and lengthy investigation into the Boston bombings. In addition, agents are being diverted with distracting events like the toxic ricin-laced letters sent to both the President and Senator Roger Wicker by a suspect in Mississippi. After several reports of suspicious packages at the U.S. Capitol Secret Service agents were called to supervise evacuations. In the New York metro area, there were dozens of citizen reports responding to the “If you see something, say something” command. The feds are surely monitoring those as well. [caption id="attachment_6250" align="alignleft" width="150"] The Anti-U.S. Terrorism Threat is Not Over[/caption] With depleted federal law enforcement ranks and morale about as low as it can go, what kind of progress can citizens expect on these investigations and prosecutions? And, here’s an even more ominous question posed by my confidential federal source. “Did someone who was on furlough, or perhaps even worse, who's morale is so devastated that s/he can no longer even focus on the mission, miss something? What if the dramatic reduction in resources and morale had an impact on the government's inability to prevent this horrible event??” That got me thinking. Did the CIA miss telephone or internet chatter that could have tipped us off to the bombings? If the FBI’s Boston office had all agents on full-time duty might they have been able to sniff out this deadly plot? Will the federal prosecutor who gets this case have enough resources to do an adequate job? [caption id="attachment_6252" align="alignright" width="150"] Let's Cut Federal Spending - But Wisely![/caption] On March 1st, when the mandatory 2% across-the-board federal budget cuts went into effect, I remember thinking, “Good! Make the federal government economize just like my family has to!” Now, I’m back to wishing that our elected officials in Congress and the White House could get it together long enough to figure out a way to cut the truly unnecessary spending within our bloated budget. The first mission of the federal government is supposed to be to insure our national defense. It doesn't make sense to cut law enforcement’s funding while bankrolling pie-in-the sky foreign aid programs like the $30 million spent on a program to spur mango production in Pakistan or the $207 million the Defense Department spent on a duplicative second engine design for the F-35 fighter. There is no denying there is evil in the world. There always has been and there always will be and civilized societies need to be able to forcefully fight against it. Those who brazenly plant bombs to kill innocent people are terrorists – plain and simple. Terrorists – homegrown or foreign born – deserve only one thing: swift and decisive punishment, nothing more and nothing less. I fear America is not in the best position to deliver that. home  

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Is Your Stoplight Watching You?

by Diane Dimond on April 15, 2013

[caption id="attachment_6207" align="alignleft" width="150"] Traffic Camera Are Everywhere[/caption] I didn't realize I had broken the law until I opened an official envelope with a traffic ticket inside. Each time this has happened I've thought, “Darn those traffic cameras!” Okay, I likely said something spicier than that because there’s little else to say in one’s defense when confronted with photographic evidence that you have run a red light. Twice New York State has sent me tickets for running a red light as I struggled to turn left in crushing New York City traffic. The third time the news came from my cousin, Sandy Hays, in Albuquerque, New Mexico. She called to tell me that when I had borrowed her husband’s car during a trip to my hometown I had been caught speeding on an off-ramp near the University of New Mexico. Embarrassed, I sent her a check for $75.00 to cover the fine. A month or so later Sandy sent me a return check saying the city had come to realize their speed-trap camera had malfunctioned. Ah, sweet absolution! [caption id="attachment_6208" align="alignright" width="150"] Cams Capture Your License Plate Number[/caption] Not long after that episode Albuquerque voters decided to do away with the tattletale cameras all together.  Across the country, other locations did the same. Ballot initiatives to unplug the spy cams have passed in about two dozen cities in at least nine states. Other locales are considering ban too. A trend, you say? Not so fast. This is big business, folks, and while the traffic cams may be gone where you live other parts of your state may still have them. In New Mexico, for example, Albuquerque ditched the cameras but nearby Rio Rancho did not and neither did Santa Fe or Las Cruces. Take it from me, these cameras are not going to disappear. For cash-strapped areas it could be budgetary suicide to do away with a program that brings in so much revenue. No place has enough ticket-writing cops to make up the difference. The two major companies that sell the gizmos -- American Traffic Solutions and Redflex Traffic Systems -- rake in the dough, of course. So do the roughly 660 cities and towns in 24 states that have contracts with those companies. Each location negotiates its own deal with the firm of their choice, deciding whether it’s a 50-50 split of the ticket revenues or some other calculation. Both sides make plenty of money. [caption id="attachment_6209" align="alignleft" width="150"] For Safety or For Fines Money?[/caption] An investigation by NBC revealed that Washington, D.C. brought in $18 million in camera ticket fines last year. In Texas, one single camera in Arlington has generated $2.5 million. Chicago’s expanded program is estimated to bring in $150 million this year. Making money is not necessarily a bad thing in my book. I’m all for free market enterprise and if lawbreakers are caught and stopped from repeating their bad behavior then that’s icing on the cake. (Yes, even if I am one who’s caught!) Supporters of the automated ticketing systems quote statistics from the Insurance Institute for Highway Safety that show the cameras reduce accidents and save lives. Those opposed think it’s just another way for the government to get in your wallet and they point to a Federal Highway Administration study that concluded red-light cameras have actually caused more rear-end collisions as wary drivers suddenly slam on their brakes at an intersection. Many miss the days when an officer’s discretion might conclude they legally entered the intersection on a yellow light while the camera captures the moment the light turned red. [caption id="attachment_6210" align="alignright" width="103"] Questionable Dealings[/caption] Here’s what I find odious about how these companies do business. The mayor of Chicago actually banned RedFlex from re-bidding on their traffic cam contract after the Chicago Tribune reported company lobbyists had spent thousands on entertainment and hotel rooms for the city official tasked with awarding the lucrative contract. [caption id="attachment_6212" align="alignleft" width="150"] Questionable Company Dealings[/caption] In Florida, American Traffic Solutions spent $1.5 million lobbying city officials and contributing to political campaigns. After tossing around all that money American Traffic Solutions became the main supplier of cameras to more than 65 Florida cities. None of this is illegal but it feels underhanded to me. Most disturbing, is a revelation found in a study by the Public Interest Research Group. The PIRG reports that buried in the contracts local governments sign with these companies is a provision that mandates the narrowest duration of cautionary yellow light time. In other words, the shorter the yellow light time, the study concluded, “the more tickets a camera system issues (and) the more profit the vendor collects.” Buyers are not allowed to lengthen the yellow light time even if, as some studies show, it would reduce the number of accidents. If this surveillance product is so good and saves so many lives - why all these machinations? [caption id="attachment_6213" align="alignright" width="120"] Shorter Yellow Lights Insure More Red Light Tickets[/caption] Judges in Baltimore are skeptical too. They scolded the city and threw out a passel of tickets after it was revealed city workers had shortened yellow light times below recommended limits. There have been problems with shortened yellow lights in states from California to Tennessee. In New Jersey, transportation officials ordered nearly two dozen traffic cam programs suspended after finding someone had tampered with yellow light timing. Even after all these negatives have been revealed I still stick by my prediction that traffic cams will not disappear. In fact, you may soon find them in places you never imagined. Both companies have now started pushing cameras to be mounted on the swing-out arms on school buses. The idea, of course, is to capture photographic evidence of those who ignore traffic laws and drive around a stopped school bus. Currently, 10 pilot programs are underway in six states. Drivers beware. home    

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Judges Act for Justice

by Diane Dimond on April 8, 2013

[caption id="attachment_6188" align="alignleft" width="150"] Judges CAN Right Judicial Wrongs[/caption] We often hear people associated with the criminal justice system complain about how it works – or fails to work. Prosecutors, defense attorneys, police and social workers all cite specifics that they believe tip the scales of fairness. Very rarely – if ever – do we hear from a judge. The ethics of their profession mandate they remain mum about public policy issues while on the bench. Even after they retire the public rarely gets the benefit of their insight. I think that is a shame. Who better to help teach the public about how politician’s laws – sometimes crafted and passed with headlines in mind – actually affect citizens? This is a story about not one -- but two -- judges from different states that came together to pro-actively help a woman they believed had been given a raw deal at sentencing. Their actions speak volumes about our justice system and proves there really is no such thing as a one-size-fits all sentencing. [caption id="attachment_6189" align="alignright" width="150"] Dallaire at Home-Thanks to New York Times[/caption] In 2003, Denise Dallaire, a college graduate, was convicted for possessing and selling a relatively small amount of crack cocaine in Rhode Island. Seven years earlier she had been arrested on a similar charge. (She explained she really wasn’t into drugs herself but enjoyed the money she could make selling them) When Dallaire attended college in Connecticut she had once thrown a glass and injured someone in a bar fight and had been arrested. By the time Dallaire, at age 26, came before Senior U.S. District Judge Robert Lagueux to face the last charge she had three strikes against her. Under mandatory sentencing laws she was automatically considered a “career criminal.” Judge Lagueux made it clear at sentencing that his hands were tied – he was forced by law to pass a stiff sentence. [caption id="attachment_6190" align="alignleft" width="150"] U.S. District Judge Ronald Lagueux[/caption] “This is one case where the guidelines work an injustice,” he said that day in 2003, “And I’d like to do something about it but I can’t.” Lagueux sentenced Dallaire to 15 years in prison. That moment bothered the judge for all the years Denise served her time at the federal prison for women in Danbury, Connecticut. Over the last decade Dallaire has been an exemplary inmate. She has made thousands of blankets, hats and pillows to donate to children suffering from cancer, she organized fellow inmates to decorate and sell Christmas trees on behalf of cancer charities. Dallaire admitted she deserved prison and that she had made, “a lot of stupid and ridiculous decisions,” in her early life. She seemed resigned to her fate and looked forward to her release in 2018. She had no possibility of early release. At Danbury Prison Denise Dallaire met another judge – U.S. District Court Judge John Gleeson from Brooklyn. Every year Gleeson makes a pilgrimage to the prison so as to remind himself where he sends defendants. The judge takes his New York University Law School students and clerks with him. Gleeson got to know Denise and told the New York Times he came to realize her case was a textbook example of how mandated sentences do more to ruin lives than protect society. [caption id="attachment_6191" align="alignright" width="150"] Judge Gleeson Made it a Habit to Visit Prison[/caption] “There are a lot of people like Denise doing bone-crushing time under the old sentencing regime,” Judge Gleeson said. “We need to try to find ways to help them.” It is important to note that just two years after Denise was sentenced the U.S. Supreme Court ruled that mandatory sentencing guidelines, originally designed to target drug kingpins, were unconstitutional. Congress agreed and has twice passed laws to reduce sentences for crack cocaine convictions like Denise’s. Judge Gleeson wants to start what he calls, “The Mercy Project” wherein pro bono lawyers would help the hundreds of prisoners (thousands, by some estimates) languishing under antiquated sentences. With that in mind, Gleeson convinced a friend, a top New York lawyer named Jonathan Polkes, to seek a presidential pardon for Dallaire. Part of the process required them to go back to Judge Lagueux to sign-on to the idea. Lagueux earnestly wanted to help Denise but didn’t think the pardon idea would work. Instead, he pointed out a procedural flaw that he, himself, had made at sentencing that could be exploited. Lagueux suggested bringing the case back to Rhode Island on the basis of his self-reported mistake. [caption id="attachment_6195" align="alignleft" width="150"] Mercy for Dying Woman & Daughter[/caption] Last month, Denise Dallaire was brought before the now 81 year old judge who had sentenced her so many years earlier. “I felt bound by those mandatory guidelines and I hated them,” Judge Lagueux explained to the sobbing prisoner before him. “I’m sorry I sent you away for 15 years.” The judge then instructed that Dallaire be released on time served. He told her to hurry home to her sick mother in Groton, Connecticut. She was able to be with her mother for her final eleven days. As for her future, Denise says she wants to dedicate her life to helping others who are serving long sentences win commutation like she did. Certainly, mandatory sentencing has helped lock up many real career criminals for a long time. But over-sentencing the undeserving doesn’t keep us safer. Keeping them in prison long after the law that put them there has been struck down only adds to our mammoth prison costs. And, with every year that ticks by it eats away at the prisoner’s chance for re-claiming a productive life on the outside. I like Judge Gleeson’s idea of a selective Mercy Project to review the sentences of prisoners caught in the cracks like Denise. Any other justice-seeking judges out there interested? home  

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Let ALL Jurors Ask Questions!

by Diane Dimond on April 1, 2013

[caption id="attachment_4134" align="alignleft" width="150"] Watching the Jurors Watching the Trial[/caption] I have sat in many courtrooms during my career and studiously watched the faces of jurors listening to evidence in cases ranging from murder and rape to assault and political corruption. I've strained to see if I could get a clue from them as to what their ultimate verdict might be. It is journalistic gold to be able to report that a juror was seen crying, wincing or rolling their eyes in response to specific testimony. Rarely, however, have I seen a juror telegraph their feelings. Most appear to take their jury service very seriously. That said, I have also caught some jurors yawning and looking bored – a few times a juror appeared out-and-out asleep and not just ‘resting their eyes’ as they would explain later. Nearly every juror I've spoken to at the finish of a case has admitted there were times during trial that they simply did not understand what was going on or the importance of certain testimony. More than one has told me it’s as if lawyers and judges speak an entirely different language than the rest of us. [caption id="attachment_6176" align="alignright" width="150"] Arias Took More Than 200 Juror Questions[/caption] I've always wondered why jurors aren't allowed to play a more active role in the trial process. If we count on our fellow citizens to pass judgment don’t we want them to fully understand the proceedings and the facts of a case? That’s why I've been so entranced watching the current headline-making, televised murder trial of Jodi Arias, 33, in Phoenix. Arizona is one of the few states with a specific law giving jurors the right to ask their own questions if something isn't clear. Panelists write down what they want to know and if their inquiry passes legal muster the judge poses the question to the witness. (Arkansas, Colorado, Florida, Indiana, Iowa, Kentucky and North Carolina have similar laws.) In a rare move the defendant herself took the stand so jurors got to pose questions directly to Arias. She is charged with brutally stabbing and shooting to death her boyfriend, Travis Alexander, after their stormy love affair fizzled. During her testimony Arias described what she said was the final, furious physical attack she endured at the hands of the abusive Alexander. She says she dashed to Alexander’s closet shelf to get his gun so she could defend herself. The meek looking Arias maintains she has no memory of stabbing her lover yet she remembers that she cleaned up the murder scene, ditched the gun in the desert and began concocting multiple alibis – three different ones. [caption id="attachment_6177" align="alignleft" width="150"] Travis Alexander and Defendant in Happy Days[/caption] This jury had plenty of pointed questions for this defendant: “How did you have time to get the gun down if he was right behind you?” Arias answered, “I just had the sense that he was chasing after me.” “If you shot Alexander first (before the stabbing) how did the bullet casing land on blood?” Arias’s  answer seemed to indicate that in the struggle the bullet casing probably got moved around. “Why did you call the cops on your ex-(boyfriend) who shook you but you never called the cops on Travis?” Because, Arias said, her past experience with 9-11 was, “negative.” In all, about 200 juror questions were put to Arias. And while some, like those above, went directly to the substance of the case many seemed almost silly, asking about Alexander’s Spiderman underwear and why she appeared so calm in pre-trial TV interviews which were played in court. [caption id="attachment_6178" align="alignright" width="150"] Why NOT Let Jurors Ask Questions?[/caption] One of the main arguments against allowing jurors to ask questions is that they might decide on a verdict based on the answers they get to their particular questions and not on the totality of evidence. Some lawyers fret about a judge allowing an inappropriate question that is later used to appeal the verdict. Many attorneys fear losing control of their case if jurors wander into territory that flies in the face of their trial strategy. And, there is always the chance that one smart-alecky juror will dominate the questioning and alienate others who might then disengage from the testimony. Another frequent complaint? That it just takes too much time. In the Arias case it certainly has. This trial is now in its third month! The defendant was on the stand 18 days. Her psychologist, Richard Samuels, slogged through five days as a witness. After he testified that Arias suffered from post-traumatic stress disorder and dissociative amnesia jurors let loose with more than 100 questions for him including this doozie: "How can we be certain that your assessment of Ms. Arias is not based on her lies?" [caption id="attachment_6179" align="alignleft" width="150"] Judge Davis Blazing a New Trail in Texas[/caption] Last year about this time Texas’ Chief Judge Leonard Davis heard an important and complicated corporate damages case and decided to experiment with allowing juror’s questions. (Other states allowing this at the judge’s discretion are Georgia, Pennsylvania and Michigan) At the conclusion of the trial Davis announced the questions only added about 15 minutes per witness and he saw no downside to applying the idea at future trials. Even all eleven lawyers involved reported their support and enthusiasm for the process. Independent research by Professor Nancy Marder, director of IIT Chicago-Kent’s Jury Center, also concludes that when all the pros and cons are weighed, “justice is fully served when a jury is informed and understands all the mechanisms.” It’s time for all states to allow jurors to become fully involved in the judicial process. I say it’s the very best way to keep them awake, interested and actively engaged in finding justice. home

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Hey, Steubenville: Where Was Everyone?

by Diane Dimond on March 25, 2013

[caption id="attachment_6163" align="alignleft" width="150"] Guilty: Trent Mays,17, (L) and Ma'Lik Richmond, 16[/caption]             “There are crimes very similar to this that occur every Friday night and every Saturday night in communities across this country….” Ohio Attorney General Mike DeWine  Many of us watched with interest the rape case that recently played out in Steubenville, Ohio. The two defendants, Trent Mays, 17, and Ma'Lik Richmond, 16, were star members of the local high school’s football team and many in the community felt they had been maliciously targeted for prosecution because of their popularity. However, the evidence was overwhelming and both teens were convicted of sexually assaulting a female classmate. There was a video, still pictures and dozens of contemporaneous text and Twitter messages flying back and forth discussing details of the assault. The victim, a 16 year old girl, was so drunk (or perhaps drugged) that she was unconscious during much of the prolonged assault. Included in the torrent of more than 3 thousand tawdry messages read aloud to the court were those from eye-witnesses and classmates joking about the “dead-looking” victim and saying, “some people deserve” to be urinated upon. [caption id="attachment_6164" align="alignright" width="150"] An Example of Ugly Tweets[/caption] One text sent the day after the attack from defendant Trent Mays begged a friend to delete the video of the incident that had been posted on You-Tube and added, “Coach Sac knows about it. Seriously, delete it!” During the trial it was learned that football Coach Reno Saccoccia knew about the sexual assault and refused to suspend the defendants or other players who had knowledge of the incident until the season was nearly over. As I watched the case unfold – and read the un-varnished blog by former Steubenville resident Alexandra Goddard who had immediately captured the offending texts, video and pictures before they were deleted -- I couldn't stop thinking:  Where was everyone else as this crime was happening? As this young girl was being humiliated and brutalized, stripped of her clothing and carried around like a rag doll, what were her classmates doing?  Why didn't anyone step in to say, “Stop!”  Didn't other girls at the event feel her shame and move to help cover up her nakedness?  Where was the homeowner of the house where the party was being held?  What had the parents of these teenagers taught their children about coming to the aid of a fellow human being in trouble? [caption id="attachment_6166" align="alignleft" width="150"] Victim Carried By Defendants From Home to Home[/caption] None of my questions were part of the court proceedings, of course, but as Mike DeWine the Attorney General of Ohio said upon the conviction, “I'll guarantee that there are crimes very similar to this that occur every Friday night and every Saturday night in communities across this country where you have people, particularly young people, who are drinking too much and a girl is taken advantage of, and a girl is raped."  DeWine is right.  It is surely happening in your community and mine too. Yet DeWine believes that justice may not have been completely served in the Steubenville case.  His investigators interviewed 56 witnesses – from teenagers who attended the party to assistant football coaches and the high school principal – yet there were still 16 people with knowledge of the crime who have refused to talk.  So, DeWine will convene a Grand Jury next month to determine whether other people should also be charged in this case. Leave it alone, you say? The conviction of Mays and Richmond is enough?  I don’t think so. [caption id="attachment_6167" align="alignright" width="150"] Mass Protests Outside Jefferson County Court[/caption] Consider that even after the guilty verdicts some in that football crazed town were still not convinced the pair had done anything wrong and they turned their wrath on the victim.  After the guilty verdicts were announced two teenage girls were taken into custody for allegedly using Twitter and Facebook posts to threaten her with a “beating” and “homicide.” They now face felony counts of witness tampering among other charges.  After the girls arrest A.G. DeWine announced, “Let me be clear.  Threatening a teenage rape victim will not be tolerated. If anyone makes a threat … we will take it seriously, we will find you and we will arrest you.” Blogger Goddard reports she and her family continued to be harassed and maligned. She also had to fight back a defamation lawsuit filed against her and two dozen people who left comments on the case at her web site.  “Perhaps most ridiculously,” she wrote, “I was accused of ‘complicating’ the case because I posted the screen captures of content that these kids willingly posted themselves.”  Clearly, not all of Steubenville has learned the obvious lesson of this case. [caption id="attachment_6168" align="alignleft" width="120"] Blogger Alexandra Goddard[/caption] In the meantime, the victim’s mother told CNN, “We hope that from this something good can arise … (to) possibly change the mentality of a youth or help a parent to have more of an awareness (as) to where their children are and what they are doing. The adults need to take responsibility and guide these children." Yep. This is one of those teachable moments, the perfect time for folks to sit down with their kids and have a serious talk about the issues this case raised.  Drinking and drugs, athlete adoration, teen age sex and doing unto others as we would need them to do for us if we were in trouble.  It is also a good time for parents to re-examine where the circle of accountability begins and ends when one of our children is so publicly victimized. home  

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When Internet Fantasies Become Criminal

by Diane Dimond on March 18, 2013

[caption id="attachment_6138" align="alignleft" width="150"] A Cop With Death Fantasies[/caption] The "Cannibal Cop" Case was not really about free speech.  But it raises the question: When Does Internet Fantasy Become Criminal? In case you hadn't heard about it - it was a bizarre criminal case sensationalized by both the media and the defense team. Slogans and spin were tossed about so fast and furiously that the real facts of the case were hard to determine. At the core of the federal case a very important issue: when do thoughts expressed in internet chat rooms become fodder for criminal prosecution? Could something you write on-line be used against you in a court of law? From the get-go reporters branded the defendant in this case, New York Police officer Gilberto Valle, "The Cannibal Cop" – a man who used the internet to feed his vile fantasies and conspire with others to kidnap, cook and eat female victims. Attorneys for Valle maintained federal prosecutors were trying to convict their client, "For his thoughts ... his (written) fantasies," and not for any bona fide criminal activity. [caption id="attachment_6140" align="alignright" width="150"] Julia Gallo, Attorney for the Accused[/caption] I was ready to be outraged at the idea that the feds were trying to convict someone based solely on rambling cyber writings no matter how despicable they might have been. I latched on to a line in the closing argument of defense attorney Julia Gatto when she said, “This prosecution rests on the ugliness of Gil’s thoughts. We don’t convict human beings because of ugly thoughts.” It turns out neither characterization was accurate. This “Cannibal Cop” hadn't cannibalized anyone. No human being was physically hurt although Valle's wife was emotionally destroyed when she stumbled across graphic and incriminating information on her new husband's computer. (She immediately left home taking their baby daughter with her and contacted the FBI to report what she had found.) And, as the evidence revealed in court it wasn't just “fantasy role playing,” as Valle’s defense team would have had the jury believe. There was plenty of evidence gathered by federal investigators which revealed blatant overt acts committed by Valle in furtherance of the crimes of kidnapping and maybe even attempted murder. An FBI agent who spoke with Valle after his arrest testified that the defendant had admitted his cyber fantasy life was “bleeding” over into his real life. [caption id="attachment_6141" align="alignleft" width="150"] Valle Holding Baby Daughter[/caption] To summarize the prosecutor’s court case: Officer Valle -- married just three months -- had long corresponded with other "death fetishists" worldwide about his potential kidnap victims, torturous forms of cooking prey and elaborate dining plans with the head of the female victim used as a centerpiece. He listed among his intended victims his wife, two college friends and a local high school softball star. Valle’s explicit e-mails to fellow fetishists outlined in gruesome and sick detail his plans for the targeted women once he had captured and trussed them. He wrote of cooking rotisseries, wanting to hear his victims scream and cry out in pain and how he drooled over seeing one of his potential victims during a week-end brunch date with his wife. He wrote that he longed, “for the day I cram a chloroform-soaked rag in her face.” The prosecution described Valle as a “sexual sadist” and said that brunch was Valle’s way of conducting surveillance of an intended victim. Officer Valle’s e-mail correspondence with a New Jersey man revealed he had agreed to take $5,000 in exchange for kidnapping a specific victim for him and there was testimony that officer Valle had been seen in that woman’s neighborhood, on her block, conducting surveillance on her home. (That New Jersey man has also been arrested and is currently awaiting trial.) [caption id="attachment_6142" align="alignright" width="150"] Mrs. Valle After Testifying in Court[/caption] There was also evidence presented to the six-man six-woman jury that Officer Valle had illegally accessed both the NYPD and a federal data base to gather personal information about his intended female targets. Records of his internet searches were there for all to see with specific dates and times attached. When the defense described this case with the snappy description of being a, “thought prosecution” –and when other defense attorneys jumped in to warn that all of us should worry that anything we write on line could be used against us – I had to hope that discerning consumers of news could see through the bluster. What was the defense team really saying - that prosecutors had no right to act unless Valle had actually killed and cannibalized some poor, unsuspecting woman? To my mind that is some kind of tortured thinking all on its own. The fact? Valle faced no “thought charges. “ There were only two counts: Conspiring to kidnap and accessing a federal data base without authorization. Neither charge was based solely on his inner thoughts or his disgusting writings. And, the jury obviously felt there was enough evidence that he had taken concrete actions toward committing a crime to find him guilty on both counts. [caption id="attachment_6143" align="alignleft" width="150"] U.S. Attorney Preet Bharara[/caption] After the verdict U.S. Attorney Preet Bharara said in a statement: "A unanimous jury found that Gilberto Valle's detailed and specific plans to abduct women for the purpose of committing grotesque crimes were very real … The Internet is a forum for the free exchange of ideas, but it does not confer immunity for plotting crimes and taking steps to carry out those crimes." The defense team has announced it will appeal Valle’s conviction and so you will likely hear more about how the government is out to violate your rights or to turn your internet chats against you. Don’t be fooled. I’m confident that our freedoms of speech, writing and thought are safe and sound. home  

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