DeKalb County GA Ethics Board Chairman Resigns Day After Commissionier Stan Watson Reprimanded


DeKalb Ethics Board chairman resigns
Posted: 3:18 p.m. Friday, Aug. 14, 2015
By Mark Niesse – The Atlanta Journal-Constitution
http://www.myajc.com/news/news/local-govt-politics/dekalb-ethics-board-chairman-resigns/nnKYC/


DeKalb County Board of Ethics Chairman John Ernst resigned Friday, saying he wants to pursue other public service opportunities.

Ernst, who has served on the Board of Ethics since June 2013, stepped down a day after the board reprimanded Commissioner Stan Watson for voting to award a county contract to his employer.

“When I joined the board over two years ago, we had a budget of $16,000, lacked full membership, were in a suspended state and had a number of old and languishing complaints,” Ernst wrote in his resignation letter. “Today, I’m proud to say that we have dealt with dozens of complaints and have a more robust budget for counsel and investigators to root out unethical behavior.”

Clara Black DeLay, the board’s vice chairwoman, will replace Ernst as its chairwoman.

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Rather Than Use Non-Lethal Force, The Cops Just Kill Ya, And Be Done With It. Premeditated Murder? You Decide….


Georgia police shooting one of many drawing ire


People attend a rally for Antonio Zambrano-Montes in Pasco, Wash. Zambrano-Montes was shot and killed by police on Feb. 10, 2015. (Joshua Trujillo / Associated Press)

By SARAH PARVINI contact the reporter
http://www.latimes.com/nation/nationnow/la-na-police-shooting-roundup-20150310-story.html

The last month has brought a spate of six police killings of unarmed men.

The latest killings have further inflamed tensions after months of protests over the police shooting in August of Michael Brown, an unarmed 18-year-old black man, in Ferguson, Mo.

Here’s a look at the latest police shootings.

DeKalb County, Ga., March 9

A police officer on Monday fatally shot a naked unarmed man, who authorities described as deranged.

Officers responded to a report of a suspicious person in an area east of Atlanta, police said. Before officers arrived, another call came in that the man had removed his clothes and was running around.

Wisconsin protesters fill Capitol over fatal police shooting; family speaks out
Wisconsin protesters fill Capitol over fatal police shooting; family speaks out
Officer Robert Olsen, a seven-year veteran of the department, shot and killed 27-year-old Anthony Hill, who is black.

Hill charged at Olsen, who fired two shots, according to DeKalb County Police Capt. Steve Fore. Olsen was carrying a stun gun, but didn’t use it.

Olsen was placed on paid administrative leave pending the outcome of the investigation by the Georgia Bureau of Investigation.

Hill had been arrested several times by Atlanta police, on suspicion of marijuana possession, obstructing an officer’s performance, and disorderly conduct, court records show.

Aurora, Colo., March 6

Aurora police shot and killed an unarmed black 37-year-old man Friday.

Naeschylus Vinzant died of a single gunshot wound to the chest, according to the Arapahoe County coroner’s office.

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Vinzant had removed his ankle monitor and fled from parole March 2, authorities said. He was wanted in connection with an “assault, robbery, kidnapping and domestic violence incident” that took place that day, police said.

Vinzant was killed four days later as police moved to arrest him. The city’s SWAT team was called in because of Vinzant’s “past violent history,” police said.

Court records show Vinzant previously faced charges of assault, menacing, eludicing police and illegal weapons possession.

Madison, Wis., March 6

Also on Friday, a Madison police officer shot and killed 19-year-old Tony Robinson, another unarmed black man.

cComments
In each and every case the newspaper has mentioned, these suspects would be alive today (in the back seat of a patrol car) if they would have obeyed the lawful commands of law enforcement, then booked into jail (alive), then bailed out or held for a hearing (alive), then either back with…
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Police said they received several calls about a man who had “battered someone” and had been “out in traffic” and had then gone inside an apartment, police said.

Officer Matt Kenny heard a disturbance in the apartment and forced his way in, according to police.

After a scuffle with Robinson in which Kenny received a “blow to the head,” the officer shot Robinson, according to Madison Police Chief Mike Koval.

Robinson later was pronounced dead of gunshot wounds. Koval did not disclose how many shots were fired, citing the information as part of the shooting investigation, which will be handled by the state’s Division of Criminal Investigation.

Los Angeles, March 1 and March 5

The fatal shooting of an unarmed man on skid row renewed debate over how to properly police the homeless and mentally ill people living on the streets.

Charly Leundeu Keunang, a 43-year-old black man, died of multiple gunshot wounds on March 1, according to coroner’s officials.

Police said Keunang refused to follow their commands and tried to fight them, reaching for an officer’s holstered pistol. The gun’s slide was partially pulled back and the magazine dislodged, Los Angeles Police Chief Charlie Beck said.

Activists have since denounced the shooting, which was caught on video, taking to the streets in protest and calling for an independent investigation.

A second investigation is underway following the fatal shooting March 5 of an unarmed motorist involved in a pursuit in Burbank.

Sergio Navas, 35, was shot by an officer sitting in a squad car after their two cars collided during the chase.

Wounded, the man got out of the car and ran, but officers chased him down and handcuffed him, said Officer Wendy Reyes.

He was declared dead at the scene after paramedics tried to resuscitate him.

The chase began when the man sped away from LAPD officers who tried to pull him over, police said. Officers started following the car because it had paper plates and Navas was “driving erratically,” they said.

Officers followed him into Burbank, where the man drove into a short cul-de-sac and was cornered. The man’s car collided with the passenger side of the LAPD car, and the officer in the passenger seat started shooting, police said.

Pasco, Wash., Feb. 10

Police in Pasco shot and killed Antonio Zambrano-Montes in a parking lot Feb. 10, following reports that he was hurling rocks at vehicles.

A video posted to YouTube appears to show Zambrano-Montes, 35, exiting the parking lot and then running down a side street with officers in pursuit.

Pasco police said they had ordered Zambrano-Montes to stop throwing rocks several times and tried to subdue him with a stun gun after he hit two officers with rocks.

Police fired 17 rounds at Zambrano-Montes, according to Sgt. Ken Lattin, public information officer for the Tri-Cities Special Investigations Unit, which is reviewing the shooting.

Bullets struck him at least five times, investigators said.

For more national news, follow me on Twitter: @ParviniParlance

Copyright © 2015, Los Angeles Times
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“It Ain’t as Bad As You Think” . ? . It Is As Bad As I Think, and Probably Even Worse


I keep thinking about that.  Being told that it really isn’t as bad as I think.  Hell if it ain’t!

When I was a little girl, we walked to school.  We would get there in the morning, and there would be the morning prayer.  Right after that, we all said I Pledge Allegiance to the Flag, and they played the National Anthem.  I started to school when I was four (4).  By the time I was in fourth grade, it was like the second elementary school.  They did not say the morning prayer, or play the anthem, but by golly, the whole time I was in school, we Pledged Allegiance to the Flag.  We were proud to be Americans.

Now, you get suspended for wearing anything with a flag on it.  The Ten Commandments, Pledge of Allegiance, and anything having to do with our natural heritage is bad.  Christians are bad.  Americans are bad.  Christian Americans must be very, very bad.  And who the hell decided all that?  That is bullshit.  Plain and simple, bullshit.  Since when have other people gone to live in another country, and was allowed to claim they were offended by the customs of that country, and the country changed for the outsiders?  Someone tell me when.  That is bullshit!  Plain and simple bullshit.

Seems like it began several years ago… SuperTarget in our area, told the GoodWill people at Christmas, not to come there any more.  Of course, after that, we never went back to that store, and it closed shortly thereafter.  For some reason, outsiders that had moved to the United States, were offended by Christmas, Nativity scenes, and GoodWill ringing their little bells at Christmas.  Those dedicated, hardworking GoodWill employees, trying to make a difference to others at a very hard time of year.  They never asked anyone for anything.  Just stood, ringing the bell and smiling.  It was tradition.  Christmas trees, nativity scenes, GoodWill.

So, in order to not to offend those, who are not from here, America changed? Bullshit.  I say, if our traditions offends you, you came into this country, you know you can leave the same damned way!  Every time I turn around, someone is explaining that such and such offends them.  Screw it!  I am offended by what people do in other countries, but I don’t move there, then expect them to change their country for me.  That is bullshit.  Plain and simple bullshit.

Now, they tell us that our forefathers were terrorists.  Do what?  So what kind of History lessons are they giving kids now a days?  Speaking of kids.  Since when does the govt. have balls enough to tell parents what they are or not going to feed their kids for lunch during school?  The other thing about kids, is that they belong to the community, not their parents?  Bullshit!  Plain and simple bullshit!  And these idiots put up with that?  I sure as hell am glad that my Mama was who she was.  She would have not only told them what horse to get on, she would have had them direct that horse, on out of the country.  And my Daddy, lo and behold, I am glad that he is not here to see this shit.  Daddy was gung-ho Marine.  He is probably rolling in his grave right now.

And someone wants to tell me, that it ain’t as bad as I think it is?  Bullshit!  Plain and simple bullshit!!!

DeKalb Commissioners Are On A Criminal Roll!


Updated: 4:13 p.m. Tuesday, Aug. 26, 2014 | Posted: 10:11 a.m. Tuesday, Aug. 26, 2014

DeKalb Commissioner Boyer could serve prison time

By Johnny Edwards and Mark Niesse

http://www.ajc.com/news/news/local-govt-politics/criminal-charges-filed-against-former-dekalb-commi/ng82z/

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Elaine Boyer in federal court sketch photo
Richard Miller
082614 Atlanta: This is a photo copy of an artist rendition of the federal court appearance of DeKalb County Commissioner Elaine Boyer and her court appointed attorney Jeff Brickman into questionable use of taxpayer dollars on Tuesday, August 26, 2014, in Atlanta. By Courtroom artist Richard Miller
DeKalb commissioner resigns amid spending investigation gallery
 

The Atlanta Journal-Constitution

A day after resigning from office, DeKalb County Commissioner Elaine Boyer announced in court Tuesday she would plead guilty to federal charges accusing her of two schemes to pocket tens of thousands of dollars from taxpayers.

Boyer, appearing calm and collected, told a judge she understood what she was doing, but it’s unknown whether she’ll serve time in prison.

U.S. Attorney Sally Quillian Yates said she will seek a prison sentence for Boyer.

“This is a serious crime. She’s cooperating now after she was caught,” Yates said. Boyer’s guilty plea “doesn’t wipe the slate clean.”

Boyer’s attorney, Jeff Brickman, said he’ll ask a judge not to sentence Boyer to prison, although she doesn’t have a plea deal in place. She was to be released without supervision after being photographed and fingerprinted. She could be formally arraigned within 10 days.

A criminal filing earlier Tuesday said Boyer authorized more than $78,000 in county payments to an adviser who submitted false invoices for consulting work but did nothing.

The adviser then funneled about 75 percent of the money, more than $58,000, back into Boyer’s personal bank account, the document alleges. She faced a charge of mail fraud conspiracy for that scheme.

The court documents didn’t name the adviser and no charges apparently have been filed against that person, even though he apparently pocketed about $20,000 in taxpayer money. The documents say Boyer used her share for personal expenses, including purchases at hotels and high-end department stores.

The Atlanta Journal-Constitution was pressing Boyer to explain nearly $90,000 in checks to consultants before she resigned Monday and admitted she had betrayed taxpayers.

Federal prosecutors also accused Boyer of wire fraud for using her county purchasing card to pay for more than $15,000 in personal expenses. From October 2010 to February 2014, Boyer made more than 50 such purchases, prosecutors allege.

The AJC in March revealed that she had been tapping county funds to pay for airline tickets, a ski resort vacation, rental cars and personal cell phone expenses, triggering the federal investigation.

Boyer will have to forfeit any proceeds or property she obtained from the schemes, prosecutors wrote.

Oh Good, Another Winter Storm in Georgia!


Georgia

http://www.wunderground.com/news/winter-storm-pax-latest-news-20140210

Gov. Nathan Deal has declared a state of emergency for 45 counties in north Georgia that are expected to receive the biggest impacts from Pax.

With memories of thousands of vehicles gridlocked for hours on icy metro Atlanta highways fresh in their minds, emergency officials and elected leaders in north Georgia are preparing for Winter Storm Pax. Gov. Nathan Deal, who was criticized for his response to the Jan. 28 storm that paralyzed the metro area and left motorists stranded in vehicles overnight, said in a news release Sunday that he’s put emergency response agencies on alert and began significant preparations. The governor scheduled a news conference for noon Monday to discuss winter storm preparations. The National Weather Service has issued a winter weather watch from 7 p.m. Monday through 7 p.m. Tuesday and a winter storm watch from Tuesday evening through Thursday morning for the metro Atlanta area.

Even before the first snowflakes fell, people around Atlanta were planning to work from home and stay off the roads. Jay Ali, 33, a college student, said Monday morning that he planned to mostly stay indoors. He had little confidence that government officials would handle this storm any better than the last.

“New levels of incompetence,” Ali said, describing the state and regional response to the last storm that left motorists stranded in their cars for hours, sometimes overnight. “Unforeseen levels of incompetence.”

Ali said part of the problem is that Southern cities do not have as many snow plows, sanders and spreaders as Northern cities.

“I don’t think they have the infrastructure to protect themselves if a storm gets really bad,” he said.

GA Power on ice: “It’s an event we’re extremely fearful of but are taking precautions for” #Pax #ATLwx #GAwx

— Shawn Reynolds (@WCL_Shawn) February 10, 2014

Grady Hospital, Atlanta, Georgia


My best friend, Donnie Johnson, living in Lithonia, Georgia, has died.

Grady Hospital in Atlanta, Ga, took a healthy, 64 year old male, with a hernia issue, ignored the hernia issue, put him on a ton of other medications, claiming not to know what was wrong with him, and now, after many months, has finally killed him.

I hope everyone who had their hand in the situation is happy!

Donnie, may God hold you in the palm of His Hand….You are sorely missed!

Living Lies/Neil Garfield on Georgia


http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

http://livinglies.wordpress.com/2013/03/15/wake-up-georgia-courts-are-opening-the-door-on-wrongful-foreclosure/

Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure

Posted on March 15, 2013 by Neil Garfield

PRACTICE AND PROCEDURE IN GEORGIA

If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast, including Georgia – the Atlanta Area) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to provide any legal advice, but they can guide you toward some of our products and services.

The selection of an attorney is an important decision and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

Editor’s Note: For years Georgia has been considered by most attorneys to be a “red” state that, along with states like Tennessee showed no mercy on borrowers because of the prejudgment that the foreclosure mess was the fault of borrowers. For years they have ignored the now obvious truth that the defective mortgages and wrongful foreclosures do make a difference.

Now, reflecting inquiries from Courts below who are studying the the issue instead of issuing orders based upon a knee-jerk response, the State has taken a decided turn toward the application of law over presumption and bias. There is even reason to believe that the door is open a crack for past wrongful foreclosures, as the Courts grapple with the fact that thousands of foreclosures were forced through the system by strangers to the transaction and thousands of wrongful foreclosure suits have been dismissed because of the assumption by judges that no bank would lie directly to the court. It was a big lie and apparently the banks were right in thinking there was little risk to them.

Look at Pratt’s Journal of Bankruptcy Law February/ March Issue for an article on “Foreclosure Law in the Wake of Recent Decisions on Residential Mortgage Loans: The Situation in Georgia” by Ashby Kent Fox, Shea Sullivan and Amanda Wilson. Our own lawyers have out in front on these issues for a couple of years but encountering a lot of resistance — although lately they are reporting that the Courts are listening more closely.

The Georgia Supreme Court has now weighed in (Reese v Provident) and decided quite obviously that something is rotten in Georgia. Focusing on Georgia’s foreclosure notice statute but actually speaking to the substantive defects in the mortgages and foreclosures, the majority held, as a matter of law, that

o.c.G.a. § 44-14- 162.2(a), requires the person or entity conducting a non-judicial foreclosure of a residential mortgage loan to provide the borrower/debtor with a written notice of the foreclosure sale that discloses not only “the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor” (the language that appears in the statute), but also the identity of the “secured creditor” (not required by the statutory language, but which the majority inferred based on legislative intent). the majority further found that the failure to identify the “secured creditor” in the foreclosure notice renders the notice, and any subsequent foreclosure sale, invalid as a matter of law.

Once again I caution litigators that this will not dispose of your case permanently and that such rulings be used strategically so that you are not another hallway lawyer explaining how you were right but the judge ruled against you anyway. Notice provisions can be cured, non-existent transactions cannot be cured. Leading with the numbers (the money trail” and THEN using decisions like this to corroborate your argument will get you a lot more traction than leading with defective paperwork.

As I have said repeatedly, no judge, no matter how sympathetic to borrowers is going to give much relief when the borrower has admitted the debt, note, mortgage and default. These must be denied and lawyers should study up on the subject as to why they can and should be denied, and to persevere through discovery to show that the note, mortgage, default and even the debt have all been faked by strangers to the transaction.

Forcing the opposing side to show that they are a bona fide holder FOR VALUE will flush out the truth — that originator in nearly all cases was never the lender, creditor or even broker. They were simply paid naked nominees just like MERS, leaving no real party in interest on the note or mortgage, no consideration between the parties stated on the note and mortgage or notice of default, and no meeting of minds between the real lender (who is NOT in privity with the nominee lender) who, as an investor received a prospectus and Pooling and Servicing Agreement and advanced money under the mistaken belief they were buying bonds of an entity that either did not exist or was simply ignored by the investment banker and the other participants in the false securitization scheme that was used to cover-up a PONZI scheme.

Practice tips: DENY and DISCOVER. Ask for proof of payment and proof of loss. The assignments, the note and the mortgage are not proof of the debt, they are potentially evidence of the debt and the security agreement ONLY if the foundation is there (testimony by witness with personal knowledge, with exhibits of wire transfer receipts and wire transfer instructions, cancelled checks etc.) to show that the originator shown as payee and “Secured party” or “beneficiary” was lender of money.

Make them show that they booked the loan as a receivable with a reserve for default. Discover that they actually booked the transaction as a fee for service (shown on the income statement) and never entered it on their balance sheet.

And PLEASE study up on voir dire, objections and cross examination. If you are not quick and ready objections to leading questions and other issues might well be waived unless you interrupt the questioning as fast as you can stand up. If you study up on hearsay and the business records exception to hearsay you will discover that in practically no case were the business records qualified as exceptions to the hearsay rule. But if you don’t raise it, if you don’t have statutory and case law and even a memo on the subject the judge is going to rule against you. We are talking about good lawyering here and not bias amongst judges.