And the point of sentencing guidelines is what exactly?

From The Free Lance–Star:

A Spotsylvania County man was sentenced yesterday to 10 years in prison for the repeated molestation of his 15-year-old daughter.

He pleaded guilty last fall to incest, sodomy, aggravated sexual battery and indecent liberties of the girl after his wife, the girl’s stepmother, hid video cameras in the family’s home after suspecting abuse.

[…]

[Defense Attorney Eugene] Frost asked the judge for a five-year sentence. The sentencing guidelines called for a midpoint of a 19-year active sentence.

But Beck deviated to a much lesser sentence than that recommended in the guidelines.

The total sentence given to the man was five years for each of the indecent liberties charges, life in prison for the sodomy and 20 years for both the incest and aggravated sexual battery.

Beck though, suspended all but two years on each conviction.

He also ordered that part of the time the man spends in jail be at a facility that offers sex-offender rehabilitation.

What exactly is the point of having sentencing guidelines when the judge essentially ignores them, especially when it’s for a crime like this?

Hopefully the next time Judge Beck is up for reappointment someone at the General Assembly remembers this and gives him hell for it.

Big government Rob Wittman (R-1st) wants to baby gang members.

From The Hill:

Legislation aimed at curtailing crime through preventive measures is attracting broad bipartisan support in the House.

If enacted, the Youth Promise Act would mark a historic change in the direction in juvenile justice and gang-related crime policy. It also would be the first such bill of its kind to pass in a decade.

[…]

The bill seeks to fund evidence- and research-based crime-prevention programs and would allocate $1.2 billion over five years to bring together law enforcement, schools and community organizations in an effort to prevent gang crime. The focus on prevention rather than the traditional “three-strikes-and-you’re-out” approach would represent a dramatic shift in dealing with crime and the costs associated with it.

[…]

The Scott-Castle bill’s focus on prevention rather than punishment is driving much of the GOP backing, with Republicans noting the potential for cost savings by avoiding some costly incarcerations.

The Congressional Budget Office has not yet scored the legislation.

[…]

Rep. Rob Wittman (R-Va.), who is a co-sponsor, said, “I think if you look at the investments we are making on the correctional side of things I get concerned with the number of folks going into correctional institutions. If we are going to stem the flow we’d better look at programs up front.”

Okay, so let’s stop putting people in correctional institutions then Rob. Heck, who doesn’t want murderers, rapists, and other criminals in their neighborhoods? After all, they didn’t do anything wrong. Those scumbags from MS-13 responsible for killing people in Stafford and Prince William Counties? Good folks. Those people from different “groups” in Caroline County that resulted in one kid’s death? Oh, that’s nothing, they were just horseplaying. Those miscellaneous other scumbags in Hampton and Newport News? Oh, they just hung out with the wrong crowd. It’s not their fault.

And just like any “problem” out there in the country, what’s the solution? Federal money of course! And just like any other federal program (e.g., Social Security or Medicare), 60% of the appropriations will be spent on “administration” of the program. And here we have a Representative (Wittman) that constantly talks and complains about how bad government spending is and how those big mean Democrats won’t let him do anything to reduce spending. So, what’s his solution? He supports a $1,200,000,000 government handout program.

Does he go out there and say “no” to every spending bill? Nope. Does he want the citizens to have more money instead of the federal bureaucracy? Apparently not. Maybe if citizens had more money (instead of the government having it) there would be more community and religious programs out there since more people would have more money to contribute to them. But, of course, them as elected politicians are more capable of spending your money than you are.

And you know the best thing about spending money on “prevention” is? There’s no way to prove that money spent actually prevented something from happening.

You know, I just looked through my copy of the United States Constitution and sure enough I didn’t see a single thing in that document about youth crime and gang prevention. I see stuff about treason and regulating interstate commerce but there sure isn’t anything about youth crime and gang prevention. Does Representative Wittman have a different version than the one I have? I’m sure the folks at Black’s Law Dictionary would make sure the proper version was included in their printing.

No word in that story on whether “nationally recognized anti-gang leader” Alex Sanchez, who was recently indicted for conspiracy to commit murder, will be receiving any of this money.

POS Jajuan Carlos Lewis pleds guilty in ‘murder by mob’ case.

Sentencing agreement is for a ten year active sentence for the murder count and another five years for a robbery charge according to The Free Lance–Star.

He’s the second person to take a plea in this case as I recall. Lashawn Monroe pled guilty for this charge and a capital murder charge a couple months ago.

Two down, seven more to go.

Does the state of Virginia think you’re a terrorist?

Below you’ll find some pages of a PDF document that was prepared by Trooper John R. Wright of the Virginia State Police and distributed by the Virginia Department of Human Resource Management on their website for “Safety Day” in 2004 (you can view the full report/presentation here [PDF]). UPDATE: The state of Virginia has removed the PDF from their web server; thankfully I downloaded the whole thing to my computer. You can view the original here [PDF]).

I’ll admit up front that my brother (shameless plug: check out his two hate-blogs, On The Right and Orange, VA Independence Day Tea Party) found the information on some nut conspiracy theorist website after a link to the nut’s post was mentioned on Twitter. Now, I’m not one to provide any type of support for nut conspiracy theorists — and I’ve been know to ridicule them on this very blog — but the stuff that the Virginia State Police considers to be a threat is a joke (click for the full-size version):

Note that in the first image (page 22 in the original PDF) that civil disobedience is now considered “low key terrorism”. So, what does that make Martin Luther King Jr.? What about Rosa Parks? What about all those antiwar protesters during the ’60s, ’70s, and even today? I don’t agree with those antiwar protesters nowadays but I don’t consider them having a die-in to be “low key terrorism”.

Note that on the second image (p. 41 in the original PDF) that single issue groups are considered “extremist groups” by the author. Does that apply to someone in the National Rifle Association, or conversely, in the Brady Campaign to Prevent Gun Violence? Or maybe the American Life League versus NARAL? Are they both “single issue” “extremist groups”?

And then you get to the “anti-government groups issues” page (p. 49 in original PDF) where they note such things as gun rights, constitutional issues, and tax protesters as points of concern. While this particular report was written in 2004, does the Virginia State Police still consider these issues that warrant their attention? Do they have any concerns about the current tea party tax protesters? I recall that the state of Maryland got caught surveilling antiwar groups for no reason, is the Virginia State Police doing the same thing to tea party tax protesters? And even more insulting is that they include an image of the First Navy Jack — which the United States Navy still uses to this day — on a page regarding “anti-government groups”. Are they keeping an eye out for United States Navy veterans that might have one of those flags in their possession?

And then on the next image (p. 52 in PDF), they characterize “single issue extremists” and “anti-abortion activists” as “hate groups”. Are they keeping a track of what the folks at American Life League are doing or what? They consider them “hate groups” because anti-abortion groups have a desire to bring an end to abortion legally through the legislative and judicial system?

And then on the next image you have the State Police telling government employees to be on the lookout for “unusual requests for information”. Am I going to have a visit by a State Trooper if I send in a FOIA request to the state government asking how much government money goes to Planned Parenthood (remember those anti-abortion activists are “hate groups”!)?

This just goes to show the geniuses that were in control of the Virginia State Police back when Mark Warner was Governor. The same folks that consider this report to be accurate and helpful to employees of the state government are the same people responsible for negotiating that STARS contract for example. Is the Trooper that was responsible for this oh-so-helpful report still employed by the state? If he is, what does that tell you about Tim Kaine and his management and leadership of the state?

How bad is the Virginia Statewide Agencies Radio System (STARS) project?

It’s so unreliable that troopers are relying on their personal cell phones to communicate according to Richmond Times-Dispatch:

The head of a Virginia State Police advocacy group says the new statewide communications system being developed for the state police and 20 other state agencies is so unreliable that many troopers use their personal cell phones to communicate.

Ken Bumgarner, president of the Virginia State Police Association, said yesterday that the association, consisting of about 2,100 troopers and retired troopers, has been made aware of numerous problems with the system. ((Tyler Whitley. “Communications system for troopers, others is criticized.” Richmond Times-Dispatch. 19 Jun. 2009: <http://www.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/STAR19_20090618-222804/274738/>.))

I’m sure it’s a great boon to Trooper morale when they don’t know if anyone will hear them when they key their radio to call for backup or to request other assistance.

Here’s another thing to think about: What happens when the cellular phone system goes down or becomes overloaded because of a natural disaster or terrorist attack? How does the state planning on dispatching units and coordinating activities if the main users of the system (the Virginia State Police) rely on their personal cell phones for communications?

And for almost $340,000,000 the state of Virginia has been hoodwinked into purchasing a system that’s over budget — by over $10,000,000 already — and almost a year behind schedule and the main users of the system (State Troopers) don’t even think the system is reliable. They’re the ones whose lives count on the system working or not and they don’t trust it!

This is just one example of the failures in management and leadership by Warner–Kaine. They’re leaving their employees, which have the most dangerous jobs in the state government,  with inadequate equipment and nothing has been done to fix these problems even after the Auditor of Public Accounts has had to do two different audits on this project.

When will these problems be fixed and how much will it cost?

Will Creigh Deeds continue to follow the failed Warner-Kaine lead on the Virginia STARS project?

The Virginia STARS (Statewide Agencies Radio System) is an ongoing project that’s supposed to provide a digital, interoperable radio system for the Virginia State Police and other state agencies. The system is also supposed to provide for instance interoperability with local agencies. The contract for this project was awarded back in June 2004 and was supposed to be completely operational by September 2009 according to the original timetable. ((“Frequently Asked Questions About STARS.” <http://www.vsp.state.va.us/downloads/STARSContract/STARS_FAQ.htm>.))

But, as everything the government does (regardless of whether it’s the federal, state, or local government doing it), the project is behind schedule and over budget. And the General Assembly is starting to get fed up with the whole thing according to the Richmond Times-Dispatch:

Virginia’s new Statewide Agencies Radio System is over budget and behind schedule, in part because of poor planning, the House Appropriations Committee was told today.

The system is to bring new computers and radios to State Police cars and allow them to communicate easily with other public safety agencies.

Exasperated members of the budget committee sharply questioned Col. W. Steven Flaherty, the superintendent of State Police, about the report by a state auditor.

“What the heck are you all doing and how can we trust you?“ asked Del. R. Steven Landes, R-Augusta.

The project is expected to cost about $350 million. It was originally scheduled to be finished at the end of this year, but will need another year of work beyond that deadline, officials said.

Among the problems found by the auditor was that the project management team could not determine whether the work was on budget. It also found insufficient review of a consultant’s invoices before payment.

Flaherty said the deficiencies have been corrected and that some were exaggerated. ((Tyler Whitley. “Auditor critical of work on state public safety radio system.” Richmond Times-Dispatch. 16 June 2009: <http://www.timesdispatch.com/rtd/news/state_regional/article/STAR17_20090616-135201/274164/>.))

Of course: ‘They’re just lying. Everything is a-okay here and we’re completely on budget! In fact, we’re under budget!’ *Snort*.

This is a project that’s currently over $10,000,000 over budget. ((Department of the State Police. “Notice of Award.” 14 July 2004: <http://www.vsp.state.va.us/downloads/stars_files/Notice%20of%20Award%20Posting.tif>.)) ((“Modification #25 to Contract Number 2001-035 Between the Commonwealth of Virginia and Motorola, Inc.” 25 Nov. 2008: <http://www.vsp.state.va.us/downloads/stars_files/Contract%20Mod%2025%20v6%2011-20-08.pdf>.)) This is a program that should have been completely operational by September 2009. ((“Frequently Asked Questions About STARS.” <http://www.vsp.state.va.us/downloads/STARSContract/STARS_FAQ.htm>.)) Now, it’s almost a whole year behind in implementation. ((Department of State Police. “Re: Extended Implementation Justification.” 20 Oct. 2008: <http://tinyurl.com/m2h9bd>.)) According to the original project time table, all but one of the seven Virginia State Police divisions should be using the system currently, but as it stands now, only two are. ((“Frequently Asked Questions About STARS.” <http://www.vsp.state.va.us/downloads/STARSContract/STARS_FAQ.htm>.)) ((Department of State Police. “Re: Extended Implementation Justification.” 20 Oct. 2008: <http://tinyurl.com/m2h9bd>.))

This is a colossal failure of management and leadership by both Mark Warner and Tim Kaine. And Creigh Deeds says he wants to follow in footsteps of the Warner-Kaine style of governance? If so, this whole state is in for more of a Charlie-Foxtrot if he gets elected.

Correction time: Ben Boyd did disclosure his convictions for steroid possession.

If The Caroline Progress can be believed:

Also commenting Tuesday, School Board Chairman Margaret Watkins said that Coach Boyd included the misdemeanor conviction on his application. She said that everyone has something in their past they regret. She pointed out that few at Citizens Comments criticized the hiring.

Well, in a battle between The Caroline Progress and The Free Lance–Star, they both lose. But in a normal world, someone would list those convictions on their resume. And since the burden of proof is on me to show that he didn’t (even if all I’m doing is quoting one rag of a paper, i.e., The Free Lance–Star), if another rag (i.e., The Caroline Progress) comes along and says that he did indeed list those convictions, I’m going to issue a retraction and a correction. At least until there’s some evidence contrary to what The Caroline Progress has said. Although, for some reason they use the singular term “conviction” when Boyd was in fact convicted of two different counts: possession of steroids and misbranding of a prescription drug.

Anyway…my my, my face is red. Of course, it’s not as red as some other people’s faces should be.

Just sayin’.

Eric Cantor votes to give a company (which he owns stock in) a government-enforced majority control of their market until the end of time.

UPDATE: I forgot to mention that my idiot brother (shameless plug: check out his two hate-blogs, On The Right and Orange, VA Independence Day Tea Party) brought Cantor’s vote to my attention.

I speak of the recently passed bill that will give the Federal Drug Administration (FDA) regulatory authority over tobacco products. Ironically, the bill was supported by the biggest cigarette maker out there: Philip Morris. Why? Well, check out what National Review Online had to say:

Last week, overwhelming majorities in both houses of Congress passed the Family Smoking Prevention and Tobacco Control Act, authorizing the Food and Drug Administration (FDA) to regulate cigarettes and other tobacco products. The New York Times proclaimed the bill an “enormous victory for public health.” President Obama, himself a sometime smoker who reportedly struggles with nicotine addiction, declared that the legislation “will protect our kids and improve our public health” and is expected to sign it later this week. The bill grants the FDA expansive new regulatory authority, but more regulation does not guarantee greater protection of public health — or the public good.

Anti-smoking groups, such as the Campaign for Tobacco-Free Kids, have long sought FDA regulation of tobacco products and called passage of the bill a “historic victory.” Sen. Edward Kennedy and Rep. Henry Waxman, the bill’s primary sponsors, have sought greater tobacco controls for years. Sen. Dick Durbin proclaimed that the legislation will “protect children and protect America” from the scourge of cigarettes and nicotine addiction. Interestingly enough, the bill also had support of the nation’s largest cigarette manufacturer, Philip Morris, and its parent company, Altria. That alone should clear away some of the euphoric haze surrounding its passage.

[…]

Manufacturers will be required to place expanded warning labels on their products and to provide the government with more detailed information about cigarette contents and smoking by-products. The law also bars flavored cigarettes — save for menthol. As the Wall Street Journal reported, “Menthol cigarettes are initially exempt from the ban because of demands from the Congressional Black Caucus. About 75 percent of African-American smokers buy menthol brands.” The leading maker of menthols is Philip Morris.

[…]

Limiting tobacco advertising and stalling the development of new tobacco products won’t help public health, but it will certainly benefit the nation’s largest cigarette manufacturer. Government regulation is the most tried-and-true way for incumbent firms to squelch smaller competitors, which helps explain why Philip Morris supports the bill and smaller tobacco companies oppose it. Harder to fathom is why public-health advocates who should know better celebrate the law as a major advance.

The Family Smoking Prevention and Tobacco Control Act is revealed as yet another Beltway deal for Big Government and Big Business. Those who proclaim it a victory for public health and the public good are blowing smoke.

And here’s what Forbes had to say about the bill:

Their [Philip Morris’] reasons for cheering aren’t all so high minded. The bill, already passed by the House of Representatives, will change the face of the tobacco industry by giving the FDA the authority to restrict tobacco product ingredients, impose nicotine caps and limit advertising campaigns. It solidifies the position of the producer with the greatest market share–Altria–which makes 50% of all cigarettes in the U.S.

Because the domestic cigarette market is shrinking every year, manufacturers are competing fiercely for customers. Companies like R.J. Reynolds and Lorillard Tobacco argue that under FDA regulation, they’ll have trouble convincing people to switch to their brands because of stringent advertising restrictions. That means no more sponsorship of sports and entertainment events, color or photo ads in publications with significant teen readership, or free gifts with tobacco products.

“Bringing new products to market will be extremely difficult,” says Maura Payne, a spokeswoman for Reynolds America, which owns R.J. Reynolds, maker of Camel, Winston, Doral and other cigarette brands.

Anyway, to get to the the point of my post, check out these two pages of Eric Cantor’s most recent personal finance disclosure form available via OpenSecrets.org (PDF):

cantor_page04

cantor_page12

Yeah folks, he owns between $15,001 and $50,000 in stock of Philip Morris and between $1,000 and $15,000 of stock in their parent company Altria Group. So, Eric Cantor voted to give a government enforced majority market share to a company that he has a financial interest in. Isn’t that a violation of the House’s ethics rule? If it isn’t, it sure as heck should be.

And here’s a bigger issue. A couple weeks ago Cantor was at the Republican Party of Virginia convention talking about how he wanted smaller and less intrusive government and blah blah blah, but when it comes down to an vote that will increase the size and scope of government and benefit a company that he has a financial desire to do well, that goes out the door.

And if cigarettes are so dangerous and so bad that they need to regulated by the government, why is he making money off their production and sales? Isn’t that like accepting blood money?

Up Next: Let’s correlate campaign contributions and how politicians vote…

And the railroading of Ben Boyd begins…

I previous posted about the idiocy of hiring Ben Boyd — who had previous pled guilty to possession of steroids — to be the next football coach for Caroline County High School. Even worst, there have been allegations that he had failed to disclosure his convictions on his application when he applied for the job (I use the word “allegations” because there has been a dispute regarding whether that’s true or not).

As bad as that decision was, and as bad as the School Board’s decision to reaffirm his hiring, the reaction to his hiring has reached the point of absurdity:

Several days before the School Board meeting, Caroline Sheriff Tony Lippa filed a formal complaint with the Virginia Department of Education about the process that led to Boyd’s hiring.

Search committee members said Boyd’s conviction wasn’t listed on his application, and Lippa cited a Virginia code that states anyone who makes false statements regarding a crime of moral turpitude on a teaching application is guilty of a Class 1 misdemeanor. That person’s teaching license will be revoked upon conviction.

School Board member Sims said Boyd is a licensed teacher who will instruct a brand-new strength and conditioning class at Caroline.

“The misbranding of a prescription drug shows moral turpitude,” Lippa said. “It’s fraud.” ((Taft Coghill. “Caroline coach’s hiring reaffirmed.” The Free Lance–Star. 10 Jun. 2009: <http://fredericksburg.com/News/FLS/2009/062009/06102009/472181>.))

First, let’s review the definition of “fraud”. Fraud, according to Black’s Law Dictionary, is “[a] knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”. ((“Fraud.” Black’s Law Dictionary. 3rd pocket ed. 2006.))

Second, let’s review the charges that Ben Boyd pled guilty to. The charges were possession of steroids (a federal misdemeanor) and misbranding of a prescription drug (also a federal misdemeanor). What exactly was misbranded? According to a story from The Roanoke Times handily available via LexisNexis:

Boyd was charged with misbranding various types of steroids because the labels did not include the warning “Caution: Federal law prohibits dispensing without prescription.” ((Ray Cox. “CRIMINAL RECORDS DOESN’T COST BOYD.” The Roanoke Times. 11 Oct 2006: LexisNexis.))

You folks might be wondering how the heck is that fraud, right? Well, it ain’t. If the guy had, for example, been putting aspirin in a bottle with a label that said hydrocodone (a drug similar to OxyContin) and selling it as hydrocodone, yeah, that would be fraud. But as the facts of the case stand according to The Roanoke Times, the guy never committed fraud.

Now, you may be asking yourself, even if the crimes weren’t fraudulent in nature, were they still crimes of “moral turpitude”? Here’s what the Attorney General of Virginia stated in an opinion to Delegates Danny Marshall regarding a similar statute requiring certification to school boards by contractors regarding their employees [original footnotes omitted]:

Question Four

You next inquire what specific crimes would be considered crimes of moral turpitude.

I find no statute or case that contains an exhaustive list of crimes of moral turpitude. Determining whether a particular crime involves moral turpitude begins with an examination of the nature of the crime. The Supreme Court of Virginia has defined a crime involving moral turpitude as “‘an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.'”

The Virginia Supreme Court has held that crimes involving dishonesty, including petty larceny and making a false statement to obtain unemployment benefits, are crimes of moral turpitude that may be used to impeach witnesses. The Virginia Supreme Court and the Court of Appeals of Virginia also have determined that drunkenness and illegal possession of liquor, assault and battery, gambling, transportation of untaxed liquor, and indecent exposure are not crimes constituting moral turpitude [that may be used to impeach witnesses].

Therefore, it is my opinion that whether a certain crime involves moral turpitude depends on the facts and the nature of the crime. However, crimes involving dishonesty do involve moral turpitude. ((Office of the Attorney General of Virginia. Opinion to The Honorable Danny W. Marshall, III. 5 Jan. 2007: <http://www.oag.state.va.us/OPINIONS/2007opns/06-084-Marshall.pdf>.))

Do misdemeanor convictions of steroid possession consist of “crimes involving dishonesty”? No. Do they consist of a crime that is “an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man”? Not in my interpretation.

If they do, that means anyone that failed to report a misdemeanor conviction for possession of marijuana or drug paraphernalia could be charged and have their teaching license revoked. That’s probably a lot of people nowadays and I don’t think that would fit into the desire of the legislature when they wrote the law.

And as someone pointed out to me, if a statute and its application towards a particular defendant is ambiguous, the ruling should be made in favor of the defendant.

And here’s a even bigger question: Why is the sheriff interjecting himself into the hiring practices of a School Board? It isn’t his job to approve or disapprove of School Board hires and how accurately and completely they submit their applications. Does the School Board comes to his office and tell him who he should hire or not and determine whether his job applicants have submitted all their necessary paperwork and accurately filled out their forms? I sure as heck hope not.

I also have to wonder the following: Was Sheriff Lippa too busy focusing on this matter and sending a formal complaint to the Virginia Department of Education to use the Caroline Alert System to quickly and inexpensively send pictures out of two missing teenagers to over 2,000 people (which he didn’t do)?

Is “Common Sense Virginia” omnipotent or just plain lying?

Here’s a new ad that “Common Sense Virginia” is running (at least on YouTube, haven’t seen it on television yet):

So, they claim that Bob McDonnell took no questions during his stop in Fredericksburg (technically Stafford), eh? My question is how the heck would they know? Sure, there was guy from the group tracking McDonnell but he left as soon as McDonnell finish speaking. Watch the video below and note the heavy set guy with his Sony HD camcorder on a tripod and a fluffy microphone that’s leaving the event as soon as possible:

I contacted Cheylen Davis of The Free Lance–Star who was covering the event and asked her if she was able to ask any questions to McDonnell following the event and she stated the following: “No, but I didn’t try to ask him anything.” ((Cheylen Davis. “RE: Question regarding the Republican kickoff event at Stafford Regional Airport.” E-mail to the author. 9 Jun. 2009.))

So, did Bob McDonnell take any questions or not? And regardless of whether he did or didn’t, how can “Common Sense Virginia” know for a fact whether he did or didn’t? Makes you wonder what else they may be lying about…

As for the stuff regarding the “Faith & Family Alliance”, I’ve got two different posts I need to write about that whole situation…