Friday, July 17, 2009

Ship helmsman sentenced to 10 months for oil spill

Just weeks after the final decision in the Exxon Valdez case, another (fortunately) smaller oil spill makes the news with the sentencing of to the helsman of the Cosco Busan. The tanker was involved in an oil spill in San Francisco Bay in 2007.

For more on the Exxon Valdez case resolution in June, go to http://www.latimes.com/business/la-fi-exxon-valdez16-2009jun16,0,7865562.story

For the 2008 Supreme Court decision in the case, go to http://www.supremecourtus.gov/opinions/07pdf/07-219.pdf

Attorney Gordon Johnson
http://fishtail.tv
http://tbilaw.com

Date: 7/17/2009 6:54 PM

JARED GRIGSBY,Associated Press Writer


SAN FRANCISCO (AP) — The helmsman of a cargo ship that set off a major environmental disaster in the San Francisco Bay was sentenced Friday to 10 months in prison.

John Cota pleaded guilty in March to two misdemeanor environmental crimes of illegally discharging oil in the bay and killing thousands of birds.

Cota apologized to the court and to the "people of the Bay Area for the damage I have caused."

Cota's attorney, Jeff Bornstein, had asked U.S. District Judge Susan Illston to impose a two-month sentence.

Bornstein argued that his client wasn't the only person responsible for the Nov. 7, 2007, oil spill that poured more than 53,000 gallons of oil into the water after the 901-foot Cosco Busan struck a tower of the San Francisco-Oakland Bay Bridge in heavy fog. The spill killed 2,000 birds, fouled dozens of miles of coastline and cost commercial fishermen millions of dollars in lost revenue.

A poorly trained Chinese crew, language barriers and others factors beyond Cota's control contributed to the accident, Bornstein said.

"This was an accident, a chain of errors and lots of people played a role in it," Bornstein said.

Illston, however, said Cota was hired to guide the ship out of the San Francisco Bay because of his extensive knowledge of the region and should have known where the bridge was located.

"You have a structure that has not moved from its position for many, many years," she said.

The judge also agreed with prosecutors that Cota made several disastrously poor decisions while piloting the ship. Authorities have said he shouldn't have departed in extreme fog when pilots of six other large vessels decided not to, failed to have a discussion with the ship's master to review the transit plan and failed to notify the Coast Guard that the ship's radar was unreliable.

"I know there is a lot of blame to go around," Illston said. "But, I think Capt. Cota was right in the middle of it."

About a dozen family and friends from Cota's hometown of Petaluma crowded into the courtroom to also urge the judge for a more lenient sentence than the 10 months demanded by federal prosecutors.

Teresa Barrett, Cota's wife, told the judge that the family has spent more than $500,000 on legal fees and faced even more financial punishment because of several lawsuits pending against Cota from fishermen and others seeking to recover expenses caused by the spill.

"We risk losing the only home our sons have known," she said before breaking down in tears.

Copyright 2009 The Associated Press.

Friday, July 3, 2009

Jackson ex-wife shows interest in custody of kids

The Michael Jackson custody issue demonstrates all that is wrong with the way in which this eccentric great man, interfaced with the world and the laws that govern it. If his ex-wife asserts a legitimate claim for custody, it will mark new ground, opening issues as to whether a woman who has terminated her parental rights, should still be given the opportunity to assert them, in absence of better alternatives. Then there is the issue of what rights the true biological parents should have, again when there really is no suitable other person with a better claim.

Should a child be raised by the surviving parent, regardless of a prior custody determination when the other parent dies? If a child better off being raised by an elderly grandparent than its true parent? To do so, the law would have to discard the legal fiction imposed at the time of the termination, but isn't that the only truly equitable decision?

Attorney Gordon Johnson
http://subtlebraininjury.com
http://tbilaw.com
http://waiting.com
http://vestibulardisorder.com
http://youtube.com/profile?user=braininjuryattorney
g@gordonjohnson.com
800-992-9447
©Attorney Gordon S. Johnson, Jr. 2009


Date: 7/2/2009 9:43 PM

ANTHONY MCCARTNEY,AP Entertainment Writer


LOS ANGELES (AP) — The future of Michael Jackson's children was thrown into question Thursday when his ex-wife emerged and won a delay in a custody hearing while she decides whether she wants to raise her two offspring.

It was the first legal move from Deborah Rowe since the entertainer's death. Jackson's will asks for his mother, Katherine, to get permanent custody of all three of his children.

Rowe, who met Jackson as a receptionist in the office of his dermatologist, has characterized their relationship as strictly for the purpose of birthing Jackson children. She is the mother of his two oldest children and received $8.5 million in their divorce, according to court records. His youngest child was conceived with a surrogate.

She has spent very little time with her son Michael Joseph Jr., known as Prince Michael, 12; and daughter Paris Michael Katherine, 11. But Rowe also has opposed the idea of Katherine Jackson getting custody of her children when it came up in the past.

Rowe's attorney, Eric M. George, said Thursday she had not decided whether to seek custody.

Superior Court Judge Mitchell Beckloff rescheduled a guardianship hearing for July 13 at the request of attorneys for Rowe and for Katherine Jackson, 79, who has temporary guardianship of her son's children.

The identity of the surrogate mother of the singer's youngest child, 7-year-old son Prince Michael II, has never been revealed.

Jackson's public memorial was set for 10 a.m. Tuesday at the Staples Center in downtown Los Angeles, according to a press release from the office of the Jackson family's publicist.

Randy Phillips, chief executive of AEG Live, which owns the Staples Center and was Jackson's promoter, said tickets would be free. He was not sure how they would be distributed.

But Los Angeles City Councilman Dennis Zine said the Jackson family should consider delaying the public memorial to allow more time to plan. He also said the cash-strapped city doesn't have the money to pay police overtime.

"If you can imagine 100,000 people show up and you have 20,000 capacity (at the Staples Center), there is not sufficient room. Now you have a crowd-control problem," he said. With the July Fourth holiday weekend "it's the worst time ... to work something out."

Another court hearing will proceed as planned Monday on who will take temporary control of Jackson's estate. He left all his assets to the Michael Jackson Family Trust.

A person familiar with the details of the trust said it would be shared between his mother, who gets 40 percent, his three children, who together get 40 percent, and charities for children, which would receive 20 percent. The charities will be determined later by the trust.

The person was not authorized to speak publicly and requested anonymity.

Authorities also were investigating allegations that the 50-year-old Jackson had been consuming painkillers, sedatives and antidepressants.

California Attorney General Jerry Brown said his office was helping Los Angeles police investigate the possible involvement of prescription drugs in Jackson's death.

His Bureau of Narcotic Enforcement is searching a state database that tracks doctors who prescribe controlled substances, how much and to whom.

The federal Drug Enforcement Administration also has joined the investigation. The Los Angeles Police Department asked the DEA to help, a law enforcement official in Washington told the AP on condition of anonymity because of the investigation's sensitivity.

In an interview on NBC's "Today" show, Jackson's brother Jermaine said he would be "hurt" if toxicology reports showed his younger brother abused prescription drugs.

"In this business, the pressures and things that you go through, you never know what one turns to," he said.

___

AP writers Michael R. Blood, Beth Harris in Los Angeles; Michele Salcedo in Washington; contributed to this story.

Copyright 2009 The Associated Press.

Wednesday, May 27, 2009

Children Taking the Wheel for Drunk Drivers

Two stories follow:

Date: 5/27/2009

Police: Boy, 12, hits car while driving drunk dad

TAMPA, Fla. (AP) — Tampa Police have arrested a man they say sat drunk in the passenger seat of his SUV while he let his 12-year-old son drive. Authorities say the boy hit a pregnant woman's car while making a turn.

Both vehicles had minor damage Saturday. No injuries were reported, but the woman asked to be taken to a hospital as a precaution. She was eight months pregnant.

Police say the boy's father, 32-year-old Adrian Kegler, was clearly intoxicated. He wasn't given a breathalyzer test because he wasn't driving.

Before being released on bail, Kegler was charged with culpable negligence with actual injury. Kegler also was charged with permitting an unauthorized person to drive and child neglect.

A woman who answered the phone at Kegler's house declined comment.

___

Information from: St. Petersburg Times, http://tampabay.com


Date: 5/27/2009

7-year-old drives for help after crash in NM

CLOVIS, N.M. (AP) — A 7-year-old girl survived a crash that killed her father and drove the family's damaged vehicle to get help, police said.

State police Capt. Jimmy Glascock says 40-year-old Guillermo Montes of Bovina, Texas, was thrown out of the vehicle Saturday night when it went off a highway and rolled over, coming to rest in a field in Curry County.

Glascock says little Elizabeth Kazza realized her father was dead and drove for about three miles until a passing motorist spotted her.

"(It took) a lot of courage. ... It's remarkable anybody could drive after something like that," Glascock said.

Authorities found Montes dead at the scene. The girl and her 4-year-old brother were treated for minor injuries.

State police said Wednesday that Elizabeth told officers her dad was driving to Clovis, about 25 miles from Bovina, to get beer when they crashed.

They said alcohol was believed to be a factor in the crash. Glascock said beer bottles were found at the scene, and that Elizabeth and her younger brother said Montes was drinking as he drove.

___

Information from: Clovis News Journal, http://www.cnjonline.com

Copyright 2009 The Associated Press.

Tuesday, May 19, 2009

Dangerous Trends: Car Surfing

The San Jose Mercury News today reported the death of 20-year-old Pat Benabides due to major head injuries incurred while involved in the thrill-seeking activity of car surfing.

Car surfing, also known as urban surfing, is an illegal stunt performed in traffic “in which passengers of moving vehicles perform various stunts, including hanging out of the car or ‘surfing’ on the hood, trunk or the roof of a vehicle while it is in motion”, according to the Wikipedia. Popularized by the hyphy movement, a form of hip hop which translated means “rambunctious”, the CDC estimates that there have been 58 fatalities and 41 nonfatal injuries between 1990 and 2008 due to car surfing.

In 2005, 19-year-old Ben Watson lost his life while car surfing after striking his head on the ground. In 2004, Phoenix’s chief financial officer, 55-year-old Kevin Keogh, fell to his death while car surfing. In 2008, promising freshman student, Clint Luera, lost his life while car surfing.

Spurred on by the current trend to post “bragging rights” on online venues such as youtube, high risk activities like car surfing appeal to thrill-seeking young men and others, especially when under the influence of alcohol. What youtube postings don’t recount is the tragic loss of life over something most of us would shake our heads at.

ER doctors note that the human body is not designed for the kind of speed a car provides and the most common injuries are going to be to the central nervous system, and this equally applies to car surfers or those hitching a ride with a skateboard or inline skates.

What would prompt someone to make such an error in judgment? It probably relates back to a lack of impulse control which is more common in youths who have yet to develop fully that part of their brain which appreciates the consequences of one’s actions. There is a misconception that if a vehicle is traveling at a slower rate of speed, then the risks are not that great. But many fatalities have occurred under 30 mph and in 1996, a 14-year-old received massive head injuries after attempting to car surf at 5 mph.

Although thought to have originated in the Bay Area, car surfing has been reported in 31 states, with the largest percentage occurring in the Midwest and the South. In fact, in Wisconsin, 18-year-old Michael Hollnagel of Menomonee Falls was recently given five year’s probation and jail time for his role in the death of his best friend, who was car surfing on the hood of his car on June 19, 2008.

Car surfing is gaining popularity in the United States. The tragic loss of young lives has not served to deter youths from engaging in this high risk activity. High risk behaviours are on the rise among teens and the only solution appears to be to broaden education on the outcomes and a heightened vigilance among parents.

issuesdaily.com staff article

http://www.mercurynews.com/ci_12402362?source=most_viewed


http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5741a2.htm

http://en.wikipedia.org/wiki/Car_surfing

Thursday, April 30, 2009

After struggle, Chrysler succumbs to bankruptcy

Date: 4/30/2009 9:42 PM
STEPHEN MANNING
AP Business Writers


DETROIT (AP) — After months of living on government loans, Chrysler finally succumbed to bankruptcy Thursday, pinning its future on a top-to-bottom reorganization and plans to build cleaner cars through an alliance with Italian automaker Fiat.

The nation's third-largest car manufacturer filed for Chapter 11 bankruptcy protection in New York after a group of creditors defied government pressure to wipe out Chrysler's debt. The company plans to emerge in as little as 30 days as a leaner, more nimble company, with Fiat potentially becoming the majority owner in the future. In return, the federal government agreed to give Chrysler up to $8 billion in additional aid and to back its warranties.

"It's a partnership that will give Chrysler a chance not only to survive, but to thrive in a global auto industry," President Barack Obama said from the White House.

Chrysler said it will close all its plants starting Monday and they will stay closed until the company comes out of bankruptcy. At least three Detroit-area factories sent workers home Thursday after suppliers stopped shipping parts over fears they would not be paid.

CEO Robert Nardelli announced he would step down when the bankruptcy is complete and take a post as an adviser with Cerberus Capital Management LP, which will give up its 80 percent ownership of Chrysler under the automaker's plan. Vice Chairman Tom LaSorda, who once ran the company when it was owned by the German automaker Daimler, said he would retire.

"A lot of us are scared," said Steve Grabowski, 33, who has worked at a Warren, Mich., parts stamping plant for seven years and was sent home Thursday. "We knew something like this was going to happen, but we didn't think it would be so soon."

Chrysler's bankruptcy filing is the latest step in a drastic reordering of the American auto industry, which has been crushed by higher fuel prices, the recession and customer tastes that are moving away from the gas-guzzling SUVs that were once big money makers.

Lee Iacocca, the retired chairman and CEO who led Chrysler through a government bailout in the late 1970s, said it was a sad day.

"It pains me to see my old company, which has meant so much to America, on the ropes," he said in a written statement. "But Chrysler has been in trouble before, and we got through it, and I believe they can do it again."

The government has sunk about $25 billion in aid into Chrysler and rival General Motors Corp.

GM faces its own day of reckoning on June 1, a date the administration has set for it to come up with its own restructuring plan. GM has announced thousands of job cuts, plans to idle factories for weeks this summer and has even offered the federal government a majority stake in the company as it races to meet the deadline.

Like at Chrysler, debt may be the stumbling block. GM has asked its unsecured bondholders to exchange $27 billion of debt for a 10 percent stake in the automaker. The creditors balked, saying that would leave them with just pennies on the dollar and they deserve a majority stake if they give up their claims.

When Chrysler emerges from bankruptcy, the United Auto Workers union will own 55 percent of the automaker and the U.S. government will own 8 percent. The Canadian and Ontario governments, which are also contributing financing, would share a 2 percent stake.

Under the deal, Chrysler would gain access to Fiat's expertise in small, fuel-efficient vehicles. The U.S. automaker eventually wants to build cars that could get up to 40 mpg, far more economical than its current fleet focused on minivans, Jeep SUVs and the Dodge Ram pickup.

In exchange, Fiat would initially get 20 percent of the company, but its share could rise to 35 percent if certain benchmarks are met, and Fiat said Thursday it could get an additional 16 percent by 2016 if Chrysler's U.S. government loans are fully repaid. Fiat would also get access to the North American market through Chrysler factories and dealerships.

Fiat CEO Sergio Marchionne said he planned to spend time meeting Chrysler employees and touring its plants over the next few weeks.

He said Fiat was preparing for Chrysler to "re-emerge quickly as a reliable and competitive automaker." Fiat also plans to reintroduce brands like Alfa Romeo in North American markets.

First, though, bankruptcy court Judge Arthur Gonzalez will have to sort out the issue of Chrysler's creditors, who hold $6.9 billion of the company's debt. The company's first hearing is set for Friday.

The Treasury Department's auto task force had been racing for the past week to clear the hurdles that led the government to reject Chrysler's initial survival plan one month ago. Along with the Fiat deal, Chrysler adopted a cost-cutting pact with the UAW on Wednesday.

Four of the largest banks holding 70 percent of Chrysler's debt agreed this week to a deal that would give them $2 billion. But a collection of hedge funds refused to budge, saying the deal was unfair and would only return a small fraction of their holdings.

When the hedge funds refused a sweetened offer Wednesday, Chrysler and the government resorted to bankruptcy.

Obama chastised the funds for seeking an "unjustified taxpayer-funded bailout."

One lender, OppenheimerFunds Inc., said it rejected the government offer because it "unfairly asked our fund shareholders to make financial sacrifices greater than the sacrifices being made by unsecured creditors."

Later Thursday, one of the hedge funds that had been a holdout issued a statement agreeing to the offer.

"We believe that this is in the best interests of all Chrysler stakeholders, and our own investors and partners," said the statement from Perella Weinberg Partners. The fund said it was working "to encourage broad participation in the settlement."

The White House said Chrysler could comes out of "surgical" bankruptcy in 30 to 60 days. Under normal circumstances, it would be difficult to complete such a large bankruptcy so quickly.

But John Pottow, a University of Michigan professor who specializes in bankruptcy, said the government's level of involvement is much greater than a typical corporate bankruptcy.

"If you have the president of the United States who wants something to happen, I think anything's possible in bankruptcy protection," he said.

The Fiat deal and bankruptcy cap a disastrous time for Chrysler.

The Auburn Hills, Mich.-based company lost $8 billion last year and its sales through March were down 46 percent compared with the same period last year, leading some auto industry analysts to question whether Chrysler can survive even in bankruptcy.

But company executives told reporters Thursday that Chrysler vehicles with Fiat's fuel-efficient technology should reach showrooms in 18 months.

Vice Chairman Jim Press said Chrysler has cut expenses to operate profitably at a lower sales volume, and he said it would be able to take advantage of Fiat's distribution network to sell more vehicles globally.

Also, the company has new products coming out such as the new Jeep Grand Cherokee, which debuts in early 2011.

Press said the company predicts that small-car sales will rise dramatically around the time the Fiat products hit the U.S. market.

"The real volume pickup opportunity for smaller cars is going to start to ramp up about two years from now," he said.

Despite the turmoil with Chrysler and GM's looming deadline, Obama urged consumers to keep buying cars.

"If you are considering buying a car, I hope it will be an American car," he said.

___

Manning reported from Washington. Associated Press writers David N. Goodman in Warren, Mich., and Kathy Barks Hoffman in Lansing, Mich., contributed to this report.


Copyright 2009 The Associated Press.

Friday, April 10, 2009

Angels mourn death of rookie pitcher Nick Adenhart

Date: 4/10/2009

BETH HARRIS
AP Sports Writer

LOS ANGELES (AP) — Jim Adenhart walked to the empty pitcher's mound in Angels Stadium where his son spent the last night of his life. He spent several quiet moments there, briefly covering his eyes with one hand.

The shock of Nick Adenhart's death early Thursday in a car wreck caused by a suspected drunk driver was beginning to sink in for family, teammates and fans of the Los Angeles Angels rookie. Adenhart's death came hours after his best showing yet in the major leagues.

Fans placed flowers, baseballs, posters and Rally Monkeys at a makeshift memorial on the pitcher's mound of the replica brick infield near the stadium gates.

"He was here pitching yesterday, six amazing innings, had a really good game," 17-year-old fan Rachel Watson said Thursday. "Today, he's gone."

The Angels planned to pay tribute to the 22-year-old pitcher before Friday night's opener of a three-game series against Boston in Anaheim. They will wear a patch or emblem on their jerseys the rest of the season to honor him.

The team postponed Thursday night's series finale against Oakland to mourn Adenhart, who was killed along with two other passengers in a car crash early Thursday in neighboring Fullerton.

The car they were riding in was broadsided in an intersection by a minivan that apparently ran a red light, police said.

Andrew Thomas Gallo, 22, of Riverside, was driving on a suspended license because of a previous drunk driving conviction. Preliminary results indicated Gallo's blood-alcohol level was "substantially over the legal limit" of .08 percent, police Lt. Kevin Hamilton said.

Gallo was booked into jail on three counts of murder, three counts of vehicular manslaughter, felony hit-and-run and driving under the influence of alcohol. No bail was set.

Outside Angels Stadium, a pile of flowers and tributes grew steadily.

"No. 34, You are one more Angel in heaven," a poster read. Scribbled on a baseball was, "Now you play for another Angels team."

Inside the clubhouse, the team met privately Thursday to remember Adenhart, who made the major league opening day roster for the first time in his career after overcoming a devastating elbow injury and subsequent surgery in 2004.

"A lot of these guys in here have never lost anybody in their family that's close to them. I hate that this happened, but this is part of life. This is the real deal," outfielder Torii Hunter said. "That's why you've got to kiss your kids, kiss your family every day when you get up in the morning and before you leave for work."

Adenhart was killed hours after making his season debut with his father in the stands, throwing six scoreless innings against the Oakland Athletics. The Angels ultimately lost the game, 6-4.

"It is a tragedy that will never be forgotten," Angels manager Mike Scioscia said.

The rookie pitcher's father spoke to the team during its meeting Thursday.

"He just wanted to say thank you for the opportunity, thank you for raising his kid in minor league ball on up through the system in the Angels' organization," Hunter said.

Adenhart died in surgery following the accident. Henry Pearson of Manhattan Beach, a 25-year-old passenger in the car, and the driver, 20-year-old Courtney Stewart of Diamond Bar, were pronounced dead at the scene, police said.

Stewart was a student at nearby Cal State Fullerton, where she was a former cheerleader.

Another passenger, 24-year-old Jon Wilhite of Manhattan Beach, remained in critical but stable condition Friday and doctors believe he will survive, said John Murray, a spokesman for UC Irvine Medical Center. He was being medically sedated, Murray said. Wilhite played baseball from 2004-08 at Cal State Fullerton.

Stewart's mother said Adenhart and the others had gone dancing at a club about a block away from the crash site.

At the ballpark Wednesday night, Adenhart made just his fourth major league start and left with a 4-0 lead, before the bullpen gave away what would have been his second big league win.

During Thursday's closed-door session, "we were just kind of reminiscing about what Nick brought to the team, to the clubhouse," Hunter said.

"He was a very funny kid and he's going to be missed," he said. "Every time you come to the stadium and you go in that clubhouse, you're looking at Nick Adenhart's locker."

Adenhart had made a slow climb to reach the majors.

He hurt his pitching elbow two weeks before the June 2004 major league draft, when he was projected as a top-five pick out of Williamsport High in Maryland.

The setback dropped him to the 14th round, where the Angels selected him anyway. He had Tommy John surgery — a reconstructive operation on an elbow ligament — later that month and spent most of next four seasons in the minors.

Adenhart had a 9.00 ERA in three starts for the Angels last season, but Scioscia said last month the right-hander had worked hard over the winter and arrived at spring training with a purpose.

He was made the No. 3 starter as the season began this week because of injuries to John Lackey, Ervin Santana and Kelvim Escobar, all of whom are on the disabled list.

___

AP Sports Writer Ken Peters in Anaheim, Calif., contributed to this report.

Copyright 2009 The Associated Press.

Tuesday, March 31, 2009

Ohio man charged with drunken driving on bar stool

Date: 3/31/2009

NEWARK, Ohio (AP) — Authorities in Ohio say a man has been charged with drunken driving after crashing his motorized bar stool.

Police in Newark, 30 miles east of Columbus, say when they responded to a report of a crash with injuries on March 4, they found a man who had wrecked a bar stool powered by a deconstructed lawn mower.

Twenty-eight-year Kile Wygle was hospitalized for minor injuries. Police say he was charged with operating a vehicle while intoxicated after he told an officer at the hospital that he had consumed 15 beers. Wygle told police his motorized bar stool can go up to 38 mph.

Wygle has pleaded not guilty and has requested a jury trial.

Copyright 2009 The Associated Press.