Category: Legal

Charges Pending in ‘Balloon Boy’ Case; Research Assistant to Richard Heene Breaks Silence

Posted on by TL

Multiple media sources are reporting that charges are pending in the case of Richard and Mayumi Heene, whose son Falcon was the so-called ‘balloon boy’ who millions believed was aboard a helium balloon that reportedly had taken off with the boy inside.

From WTAE Pittsburgh:

A Colorado sheriff said he was pursuing criminal charges in the case of a 6-year-old boy who vanished into the rafters of his garage while the world thought he was zooming through the sky in a flying saucer-like helium balloon.

The boy’s parents, Richard and Mayumi Heene, met with Larimer County investigators for much of the afternoon, but Sheriff Jim Alderden didn’t say who would be charged or what the charges would be.

Alderden didn’t call Thursday’s hours-long drama a hoax, but he expressed disappointment that he couldn’t level more serious charges in the incident, which sent police and the military scrambling to save young Falcon Heene as millions of worried television viewers watched.

“We were looking at Class 3 misdemeanor, which hardly seems serious enough given the circumstances,” Alderden said. “We are talking to the district attorney, federal officials to see if perhaps there aren’t additional federal charges that are appropriate in this circumstance.”

He said deputies were seeking a search warrant for the family’s home, and there would be more information at a news conference Sunday.

Other media sources are essentially running the same article from the Associated Press.

And then there’s this “exclusive” from Gawker: Exclusive: I Helped Richard Heene Plan a Balloon Hoax. In the article, 25-year-old researcher Robert Thomas reveals to Gawker how earlier this year he and Richard Heene drew up a master plan to generate a massive media controversy using a weather balloon. From the article:

One night, when Richard and I were sitting and talking, he brought up Wife Swap, and specifically a confrontation he had with a woman on the show who claimed to be a psychic. They very much disliked one other. Richard said, “Well, think about it. We were the 100th episode of Wife Swap. And why are we the most recognized Wife Swap family and episode? It’s because of the controversy. I don’t care what people say about me as a person, but the fact of the matter is that they know who I am.”

And then we delved into the area of UFOs. I was reading a book on witness reports of Roswell at the time, just out of curiousity — I’ve never concluded whether it really took place or was an elaborate hoax. And Richard said, “how much do you want to bet we could facilitate some sort of a media stunt that would be equally profound as Roswell, and we could do so with nothing more than a weather balloon and some controversy?”

Read more here, or you can get a bullet-point summary of Robert Thomas’ accusations here.

Olbermann: Insurer Ends Health Program, Calls High-Cost Patients “Dogs”

Posted on by TL

Visit msnbc.com for Breaking News, World News, and News about the Economy

Here’s the beginning of the story from the Washington Times:

Ian Pearl has fought for his life every day of his 37 years. Confined to a wheelchair and hooked to a breathing tube, the muscular dystrophy victim refuses to give up.

But his insurance company already has.

Legally barred from discriminating against individuals who submit large claims, the New York-based insurer simply canceled lines of coverage altogether in entire states to avoid paying high-cost claims like Mr. Pearl’s.

In an e-mail, one Guardian Life Insurance Co. executive called high-cost patients such as Mr. Pearl "dogs" that the company could "get rid of."

A federal court quickly ruled that the company’s actions were legal, so on Dec. 1, barring an order by the federal Department of Health and Human Services, Mr. Pearl will lose his benefits.

His medical treatment costs $1 million a year.

Most of that is for ’round the clock, in-home nursing care – for operation of his ventilator, hourly breathing treatments and continuous intravenous medication.

(Corrected paragraph:) A Guardian spokesman said policies such as Mr. Pearl’s – which offered unlimited home nursing – had simply become too expensive for new small-business customers to buy, and that even Medicaid and Medicare do not cover 24-hour home nursing. His parents, Warren and Susan Pearl of Fort Lauderdale, Fla., said their health insurance premiums had risen over the years to $3,700 a month.

You can contact Guardian Life Insurance Company here.

And now for your moment of Zen…

President & CEO Dennis J. Manning touts Guardian Life’s financial strength on the company’s Web site:

Two Rating Upgrades 
Guardian earned upgrades from two major credit rating organizations in 2008, a distinction that no other major life insurer can claim. We were one of only five life insurers upgraded by Standard & Poor’s, which raised our rating to AA+ (Very Strong). Additionally, noting Guardian’s “superior capitalization,” “successful execution of key strategic initiatives,” and our “comprehensive risk management strategy,” A.M. Best Company awarded us its highest rating, A++ (Superior). Only six other life insurers received ratings upgrades from A.M. Best last year.

Operating on Firm Financial Footing 
Guardian generated good financial results last year, in spite of challenging economic conditions. Pre-tax statutory income – the primary way we build capital and surplus – was $267 million. Capital, which serves to cushion potential adverse events and functions as a source of continuing future income, was $4.3 billion at year end. And our capitalization ratio, a standard industry measure of capital strength, was 14.7%. We believe this ratio is among the highest in the life insurance industry.

Record Dividend Payout
Guardian’s solid financial results, supported by a prudent investment strategy, allowed us to avoid many of the losses suffered by so many other companies and put us in a strong competitive position, which we leveraged to benefit policyholders. We declared the largest ever dividend payout in our 149-year history, paying a record $723 million dividend to policyholders in 2009, $60 million more than we did in 2008.

Good for them.

Remember 37-year-old Ian Pearl on December 1, 2009,

Senator Roland Burris Definitively Favors Government Health Plan

Posted on by TL

Washington, D.C.– United States Senator Roland Burris (D-IL) wants health care reform with a government health insurance plan and he’s willing to fight for it, says the Wall Street Journal.

From the Chicago Sun-Times:

The Wall Street Journal named him as one of six senators to watch in the coming days as the Senate’s no-public-option bill is merged with the House’s public-option bill.

The other five senators are Republicans and conservative Democrats averse to a public option. Burris, the Journal says, is the one senator out of 100 most insistent that the final bill have a public option:

"The Wild Card: Illinois Democratic Sen. Roland Burris. Mr. Burris has announced his intention to oppose any bill without a public option. . . . Because he isn’t standing for re-election, Mr. Burris has little to lose," the article states.

And from the Wall Street Journal:

The Wild Card: Illinois Democratic Sen. Roland Burris. Mr. Burris has announced his intention to oppose any bill without a public option, and Sens. Bernie Sanders (I., Vt.) and John Rockefeller (D., W.Va.), among others, have also voiced a strong desire for a public option. The message: Democrats at their peril shift to the right to court centrists and Republicans. Because he isn’t standing for re-election, Mr. Burris has little to lose. Democrats hope liberals will support a health overhaul in the end, but they have scant margin for error.

President Obama’s Weekly Address: New Momentum for Health Reform

Posted on by TL

Washington, D.C.– The historic movement to bring real, meaningful health insurance reform to the American people gathered momentum this week as we approach the final days of this debate. Having worked on this issue for the better part of a year, the Senate Finance Committee is finishing deliberations on their version of a health insurance reform bill that will soon be merged with other reform bills produced by other Congressional committees.

After evaluating the Finance Committee’s bill, the Congressional Budget Office – an office that provides independent, nonpartisan analysis – concluded that the legislation would make coverage affordable for millions of Americans who don’t have it today. It will bring greater security to Americans who have coverage, with new insurance protections. And, by attacking waste and fraud within the system, it will slow the growth in health care costs, without adding a dime to our deficits.

This is another milestone on what has been a long, hard road toward health insurance reform. In recent months, we’ve heard every side of every argument from both sides of the aisle. And rightly so – health insurance reform is a complex and critical issue that deserves a vigorous national debate, and we’ve had one. The approach that is emerging includes the best ideas from Republicans and Democrats, and people across the political spectrum.

In fact, what’s remarkable is not that we’ve had a spirited debate about health insurance reform, but the unprecedented consensus that has come together behind it. This consensus encompasses everyone from doctors and nurses to hospitals and drug manufacturers.

And earlier this week, Governor Arnold Schwarzenegger of California and New York City Mayor Michael Bloomberg came out in support of reform, joining two former Republican Senate Majority Leaders: Bob Dole and Dr. Bill Frist, himself a cardiac surgeon. Dr. Louis Sullivan, Secretary of Health and Human Services under President George H.W. Bush, supports reform. As does Republican Tommy Thompson, a former Wisconsin governor and Secretary of Health and Human Services under President George W. Bush. These distinguished leaders understand that health insurance reform isn’t a Democratic issue or a Republican issue, but an American issue that demands a solution.

Still, there are some in Washington today who seem determined to play the same old partisan politics, working to score political points, even if it means burdening this country with an unsustainable status quo. A status quo of rising health care costs that are crushing our families, our businesses, and our government. A status quo of diminishing coverage that is denying millions of hardworking Americans the insurance they need. A status quo that gives big insurance companies the power to make arbitrary decisions about your health care. That is a status quo I reject. And that is a status quo the American people reject.

The distinguished former Congressional leaders who urged us to act on health insurance reform spoke of the historic moment at hand and reminded us that this moment will not soon come again. They called on members of both parties seize this opportunity to finally confront a problem that has plagued us for far too long.

That is what we are called to do at this moment. That is the spirit of national purpose that we must summon right now. Now is the time to rise above the politics of the moment. Now is the time to come together as Americans. Now is the time to meet our responsibilities to ourselves and to our children, and secure a better, healthier future for generations to come. That future is within our grasp. So, let’s go finish the job.

Source: whitehouse.gov

Gay Rights Activists Want More From Obama

Posted on by TL

Gay rights protesters demonstrate outside the Beverly Hills hotel, where U.S. President Barack Obama attended a Democratic Party fundraiser in May.

From the Chicago Sun-Times:

Many of the gay rights activists who will hear President Obama speak at the Human Rights Campaign banquet in Washington, D.C., Saturday worked to get him elected.

They had realistic expectations of what he could do for them if he won, but they have grown impatient with a president who has said nice things but done little more than extend limited rights to federal employees’ same-sex partners.

Obama determined that granting health benefits to same-sex partners was beyond his authority.

“I don’t care what he says Saturday night — I want to see what he does,” Illinois Equality Now founder Rick Garcia said.

This is the second major olive branch Obama has extended to the gay community. He had a White House reception in June at which he tried to reassure his skeptical gay supporters to give him time.

Will Obama have some gay rights legislation or an administrative order in hand when he appears at the gala Saturday night on the eve of the activists’ march on Washington?

Attendees are hoping he has more than just a good speech for the more than 3,000 expected to attend.

Tickets for the gala were quite expensive. This crowd has deep pockets. Others, not lucky or well-off-enough to get in, are expected to protest Obama’s appearance.

Is Obama chasing rainbow money, or will he remember the promises he made to those now protesting in the street?

Did Flight Attendant Join Mile High Club on Oprah Winfrey’s Jet?

Posted on by TL

Did a flight attendant working on Oprah Winfrey’s private jet join the Mile High Club while the Queen of Talk Radio snoozed on sleeping pills?

From the Chicago Tribune:

A flight attendant on Oprah Winfrey’s private jet who was allegedly fired for having sex during a flight in June while the talk-show billionaire dozed on sleeping pills filed a federal lawsuit Friday denying the allegations.

The lawsuit filed by Corrine Gehrls, 39, alleges that flight attendant Myron Gooch and Kirby Bumpus, who is the daughter of Winfrey’s friend Gayle King and is Winfrey’s goddaughter, made the false and defamatory accusations to cause her to be fired.

Gehrls and chief pilot Terry Pansing, 57, one of four pilots employed by Winfrey, were fired a short time later for “inappropriate intimate behavior,” the suit said.

A spokesman for Harpo Inc., Winfrey’s production company, declined to comment. Pansing, who lives in Sugar Grove, declined to comment. Attorneys in the case and Gehrls did not return calls seeking comment.

We know better than to comment on any alleged inappropriate behavior.

But the thought of getting your groove on while Oprah Winfrey lies passed out in first class? And now everybody knows about it?

Well, that is the definition of funny.

And this gives me the opportunity to resurrect an old image.

Evidence Builds that Marijuana is Safe, Effective

Posted on by TL

I’m going to simply run this release in its entirety:

The International Association for Cannabis as Medicine just concluded its 5th Conference on Cannabinoids in Medicine in Cologne, Germany. The conference included significant new evidence that marijuana is a safe, effective medicine for certain conditions, some of which can be found in the conference abstracts, now available online.

Canadian researcher Mark Ware presented results of a yearlong safety study known as the COMPASS study, which compared 215 patients who used marijuana to manage chronic pain with comparable control patients who did not use marijuana. Ware and colleagues report “no difference in serious adverse events” between the two groups, concluding, “Cannabis use for chronic pain over one year is not associated with major changes in lung, endocrine, cognitive function or serious adverse events.”

A much-awaited study came from the University of California, San Francisco, where Donald Abrams and colleagues tested the effects of adding marijuana to the therapeutic regimen of chronic pain patients on long-term morphine or oxycodone therapy. Unfortunately, because the researchers were crunching numbers right up until the conference, the abstract doesn’t include a lot of details. But the study shows that marijuana did indeed add significant pain relief on top of that already provided by the narcotic painkillers. The scientists conclude, “Cannabinoids may augment the analgesic effects of opioids, allowing longer treatment at lower doses with fewer side effects.”

Meanwhile, British researchers added to the body of evidence indicating that marijuana can aid the treatment of multiple sclerosis. Two-hundred and seventy-nine patients received either a standardized cannabis extract, given orally, or a placebo. Patients receiving the extract were twice as likely to experience relief of muscle stiffness, and also reported relief of body pain, spasms, and sleep problems.

Source: mpp.org

Tip of the hat to eNews Park Forest for this.

As Afghanistan Enters Year 9, We Tally the Cost of War

Posted on by TL

It’s time to take stock of the numbers again, as the war in Afghanistan enters its ninth year Tuesday.

Our National Debt stands at $11,930,445,364,162.68 as of this writing. That’s a tad under $12 trillion.

The Total Cost of War since the wars in Iraq and Afghanistan began is currently $917,149,614,395. That’s just under $1 trillion. $688,690,605,993 has been spent in Iraq, $228,459,269,025 in Afghanistan. If the numbers don’t add up, that’s because the counter at CostofWar.com is constantly moving. The total right now is $917,150,203,805.

Yes, they’re pretty accurate. Here’s more about the counters:

The numbers indicate all of the approved funding for the wars to date. In addition to this approved amount, the FY2010 budget shows a $130 billion request for more war spending. This would bring total war spending in Iraq and Afghanistan to more than $1 trillion. When all FY2010 war-related amounts are approved, we will adjust the counters so that they reach the new totals at the end of FY2010.

If you should compare the amount displayed on the Cost of War counters with the numbers available in our information sheets, please note that the information sheets include all war spending to date, the same number that the counters will reach at the end of the 2009 fiscal year.

Total War Funding since 2001

To date, $915.1 billion dollars have been allocated to the wars in Iraq and Afghanistan. This counter is designed so that on September 30, 2009, the end of the federal government’s 2009 fiscal year, the counter will reach that total number. Likewise, counters found here for states and towns will also reach their portion of this number at the end of FY2009.

Cost of War in Iraq since 2003

To date, $687 billion dollars have been allocated to the war in Iraq since 2003. This counter is designed so that on September 30, 2009, the end of the federal government’s 2009 fiscal year, the counter will reach that total number. Please note that the cost of war in Iraq has decreased since our last estimate. This is because a larger proportion of spending was allocated to Afghanistan than originally estimated.

Cost of War in Afghanistan since 2001

To date, $228 billion dollars have been allocated to the war in Afghanistan since 2001. This counter is designed so that on September 30, 2009, the end of the federal government’s 2009 fiscal year, the counter will reach that total number. To learn more about the cost of war in Afghanistan, see our April 2009 publication.

Here’s the Cost of War in Iraq:

Here’s the Cost of War in Afghanistan:

Here is the total of both wars combined:

Now, the human loss…

4,347 Americans have died in Iraq since the war began on March 19, 2003. 3,475 of them died in combat.

869 Americans have died in Afghanistan. 219 from the UK died in Afghanistan, 356 from other countries, for a total of 1,444 dead on the coalition side.

Somewhere between 93,345 and 101,862 Iraqi civilians have died in the war in Iraq. That’s civilians. Just Foreign Policy puts the total number of civilians due to the war at 1,339,771.

The Washington Post currently lists 5,130 Americans dead in both wars, and has pictures of all of the fallen.

President Obama, these are your wars now.

Franklin D. Roosevelt: “The Economic Bill of Rights”

Posted on by TL

This was once America, rescued at last from the gilded age.

We can do this again. We can revive and seal the New Deal.

The rich were on board because they had lived through the Great Depression, and they knew a thriving middle class was the path to the future of a strong America. Less for a few meant more for all.

Let’s make this happen again.

From FDR:

It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace and the establishment of an American standard of living higher than ever before known. We cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth—is ill-fed, ill-clothed, ill-housed, and insecure.

This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.

As our nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.

We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.

In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all—regardless of station, race, or creed.

Among these are:

The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being.

America’s own rightful place in the world depends in large part upon how fully these and similar rights have been carried into practice for our citizens.

source: The Public Papers & Addresses of Franklin D. Roosevelt (Samuel Rosenman, ed.), Vol XIII (NY: Harper, 1950), 40-42