Sunday, October 10, 2010

A United States federal court judge and Florida state court judge are enmeshed in a conflict against each other regarding a wrongful death lawsuit involving Scientology.

A federal judge for the United States District Court for the Middle District of Florida, Steven Douglas Merryday, ordered Pinellas County Senior Circuit Judge Robert E. Beach not to intervene regarding appearance of an attorney in a federal court case involving Scientology. Lawyer Kennan Dandar is representing the estate of Kyle Thomas Brennan in a wrongful death claim against the Scientology organization.

The suit asserts that members of the Scientology organization, including the father of Brennan, removed access to the deceased’s anti-depression medication, and provided him with means to utilize a loaded gun. Brennan had been staying with his father for a week prior to his death. Police in Clearwater, Florida investigated the 2007 death of Brennan, and determined it was a suicide. Kyle Brennan was himself not a member of Scientology. The lawsuit, filed in 2009, was filed by Brennan’s mother on behalf of her son’s estate. Named as defendants in the lawsuit include the Scientology organization, its subdivision the Flag Service Organization, twin sister of Scientology leader David Miscavige – Denise Gentile, and her husband Gerald Gentile.

Attorney Dandar had previously represented the estate of Lisa McPherson in a separate civil wrongful death claim against the Scientology organization. After being under the care of members of the Scientology organization for 17 days, McPherson died in Clearwater in 1995. The wrongful death suit claimed that Scientology officials permitted McPherson to deteriorate to a dehydrated state, where her condition was such that she did not have the energy to fend off cockroaches from biting her skin.

Scientology management settled the McPherson wrongful death case in 2004; lawyers representing the organization stated the settlement included a confidential arrangement with Dandar to never again represent clients in lawsuits against Scientology entities. The settlement included an agreement that both sides would never speak again about the case; California lawyer Ford Greene commented, “The church bought silence.” The Scientology organization had also filed a countersuit against the estate of Lisa McPherson, and named Dandar a party to that lawsuit. The organization claimed Dandar had inappropriately tried to add the head of Scientology David Miscavige as a party to the wrongful death lawsuit.

Scientology legal representatives requested Judge Beach to see to it that Dandar abide by the secret settlement agreement, and Beach subsequently issued an order in June 2009 that Dandar be removed from the Brennan wrongful death case. Dandar faced sanctions from Judge Beach including suspension of Dandar’s license to practice law, a US$130,000 judgement to be given to the Scientology organization, and a fine of $1,000 per day. Judge Beach ruled that all money from the sanctions imposed against Dandar – were to go directly to the Scientology organization. The Tampa Tribune noted that Judge Breach made his ruling, “in an inexplicably closed hearing from which Beach tossed a St. Petersburg Times reporter”.

Faced with these possible sanctions, Dandar filed an “involuntary” motion to withdraw from the Brennan wrongful death case in federal court, but Judge Merryday denied this request. Dandar stated to The Tampa Tribune, “I’m stuck in the middle of two courts.”

D. Wallace Pope, a lawyer for the Scientology organization, stated that he wished to show evidence regarding the settlement in the McPherson wrongful death case. However, Judge Merryday emphasized his main issue was determining whether or not Dandar was being penalized for obeying the federal court’s order denying his request to be withdrawn from the Brennan wrongful death case. Judge Merryday stated he would prevent the Scientology organization along with Judge Beach from punishing Dandar for representing his client in US federal court. Merryday stated Beach had attempted to usurp control outside of his jurisdiction, thereby “aggressively” interferring with the US federal court process through imposing sanctions on Dandar.

Merryday has served as a US federal judge based in Tampa, Florida since 1992. The St. Petersburg Times noted that Judge Merryday, “has presided over some of the region’s most noteworthy cases.” Judge Merryday’s court order creating an injunction against Beach was 29-pages long, and criticized the “stunning severity” of Beach’s sanctions imposed on Dandar. Merryday explained that the federal court needed to “act in defense of the (federal) court’s jurisdiction”, due to Beach’s actions. Referencing Judge Beach, Merryday wrote in his court order, “A judge should not undertake, directly or indirectly, overtly or through a surrogate, to compel an act by another judge, especially in a different jurisdiction.”

Judge Merryday stated to Scientology lawyers, “have forced my hand on this issue.” Merryday stated to Scientology lawyer, Robert Potter, “I don’t like being put in this position. When people start to squeeze, other people can squeeze back.” Potter asked him to seal the proceedings from public view, and Judge Merryday responded, “I’m not going to be entering any seals unless I see a lawful reason, and I can’t even see the beginning of a reason”. Merryday stated he would not allow his court to be influenced by “some circuit judge somewhere who appears for all I can tell to have sealed something for some unknown reason”.

Judge Beach responded to Judge Merryday’s injunction which “permanently enjoined” him from imposing sanctions on Dandar, by filing a motion on Thursday in federal court in Tampa. Beach asked Merryday to rescind his order so that he may recuse himself from acting as a judge on the Scientology case related to Dandar. Beach’s motion argued that he was denied due process because he was not given notice by Merryday of the hearing which occurred before Merryday issued his ruling. In addition, Beach asserted Merryday did not have power to issue the ruling restricting him from sanctioning Dandar, because Beach was not a party to the Brennan wrongful death case, and Merryday lacked authority to restrict powers of a judge from outside his federal court jurisdiction. In response, Judge Merryday has scheduled a hearing for October 12 in federal court to hear state court judge Beach.

Martin Errorl Rice is an attorney in St. Petersburg, Florida who represented Beach in the motion before the US federal court. Rice stated his client’s motivation in requesting the ruling by Judge Merryday be rescinded was to allow Beach to recuse from the Scientology case. Rice told the St. Petersburg Times that his client’s conflict with the US federal court has “cast kind of a cloud” over Beach’s position in the Scientology case.

Stetson University College of Law constitutional law professor Michael Allen analyzed the clash between the US judge and Florida judge for The Tampa Tribune. Allen observed that it was “very, very rare” for a US federal judge to order a state judge. He noted that a 1793 federal law contravenes such orders – except in “extraordinarily narrow” cases where the federal judges are permitted to create rulings in order to safeguard the jurisdiction of their federal court proceedings.

Wednesday, December 21, 2011

Former Salt Lake City mayor and human rights activist Rocky Anderson took some time to discuss his 2012 U.S. presidential campaign and the newly-created Justice Party with Wikinews reporter William S. Saturn.

Anderson served as mayor of Salt Lake City for eight years (2000–2008) as a member of the Democratic Party. During his tenure, he enacted proposals to reduce the city’s carbon emissions, reformed its criminal justice system, and positioned it as a leading sanctuary for refugees. After leaving office, Anderson grew critical of the Democratic Party’s failure to push for impeachment against President George W. Bush, and for not reversing policies on torture, taxes, and defense spending. He left the party earlier this year and announced that he would form a Third party.

Anderson officially established the Justice Party last week during a press conference in Washington D.C.. He proclaimed “We the people are powerful enough to end the perverse government-to-the-highest-bidder system sustained by the two dominant parties…We are here today for the sake of justice — social justice, environmental justice and economic justice.” The party promotes campaign finance reform and is attempting to appeal to the Occupy Wall Street movement. It is currently working on ballot access efforts, and will hold a Founding Convention in February 2012 in Salt Lake City.

Among other issues, Anderson discussed climate change, health care, education, and civil liberties. He detailed his successes as mayor of Salt Lake City, stressed the importance of executive experience, and expressed his views on President Barack Obama and some of the Republican Party presidential candidates. He spoke in depth about former Massachusetts governor Mitt Romney, with whom he worked during the 2002 Winter Olympics, and fellow Utahan, former governor and U.S. ambassador to China Jon Huntsman, Jr..

Thursday, November 8, 2007

India is the latest of the countries where the One Laptop Per Child (OLPC) experiment has started. Children from the village of Khairat were given the opportunity to learn how to use the XO laptop. During the last year XO was distributed to children from Arahuay in Peru, Ban Samkha in Thailand, Cardal in Uruguay and Galadima in Nigeria. The OLPC team are, in their reports on the startup of the trials, delighted with how the laptop has improved access to information and ability to carry out educational activities. Thailand’s The Nation has praised the project, describing the children as “enthusiastic” and keen to attend school with their laptops.

Recent good news for the project sees Uruguay having ordered 100,000 of the machines which are to be given to children aged six to twelve. Should all go according to plan a further 300,000 machines will be purchased by 2009 to give one to every child in the country. As the first to order, Uruguay chose the OLPC XO laptop over its rival from Intel, the Classmate PC. In parallel with the delivery of the laptops network connectivity will be provided to schools involved in the project.

The remainder of this article is based on Carla G. Munroy’s Khairat Chronicle, which is available from the OLPC Wiki. Additional sources are listed at the end.

Wednesday, August 29, 2012

London, England — Yesterday, with less than a day before the start of the 2012 Summer Paralympics, the Turkey men’s national wheelchair basketball team practiced at the Basketball Arena in London’s Olympic Park. Turkey’s campaign starts on Thursday in a game against the United States men’s national wheelchair basketball team.

Saturday, August 26, 2006

The Green Party of Canada will elect a new leader today. The new leader will replace Jim Harris, who stepped down after holding the position since 2003.

The candidates are:

• Elizabeth May, a former Sierra Club executive director
• David Chernushenko, the party’s deputy leader
• Jim Fannon, a real estate agent from St. Catharines, Ontario who is a four-time Green candidate, and founder of Nature’s Hemp food company.

May and Chernushenko, have emerged as frontrunners of the leadership race.

“We draw pretty much equally from across the entire political spectrum,” Jim Harris told CBC News. “If you were a Progressive Conservative, as I was, where do you go? The Green party supports Kyoto. We were opposed to the war in Iraq and yet at the same time we’re fiscally responsible. This is something that’s attractive to people.”

The Green party didn’t get any member elected in the January 23 general election, but the party did get about 4.5 per cent of the vote, enough to secure $1 million a year in federal funding.Chernushenko, an environmental consultant in Ottawa, got the most votes of any Green candidate.

Most Green party members have already cast their ballots by mail for the next leader.

May says that “her national profile and background as an adviser to the environment minister during Conservative Brian Mulroney‘s government are important for getting more Canadians interested in the party”. May referred to tackling climate change, urging electoral reform and ending Canada’s military mission in Afghanistan.

“I don’t really understand yet what she stands for. It’s a lot of rhetoric,” Globe and Mail columnist Jane Taber told CTV Newsnet.

“We will elect MPs by continuing to gain the trust and confidence of Canadians, and by reaching out to Canadians outside of our traditional base of support,” said Chernushenko. Chernushenko said the party should parachute star candidates into key ridings.

“Chernushenko sees a need for government regulation but wants to involve the private sector a bit more, and that’s consistent with Jim Harris’s ideas,” said Jonathan Malloy, political science professor at Ottawa’s Carleton University.

Jim Fannon, who spoke casually to the audience about his talents as a mediator, capable of bridging political gaps between the Greens, Liberals, Conservatives and New Democrats. Chernushenko says though he may not always be able to “wow” a crowd, he remains a strong communicator and team player. “I can’t do the rah-rah motivational thing, like Jim (Harris) did an incredible job at, but I can go very deep on complex issues and explain them in plain language,” he said Friday.

Josh Matlow of Earth Roots said: “Elizabeth May is someone I would want to lock myself to a tree with; David Chernushenko is someone I would want to discuss policy with; and Jim Fannon is someone I would go for a beer with”.

Political analysts consider May, a veteran envirnomental activist but also a newcomer to the party, to be the strong favourite to win the race against party stalwart Chernushenko.