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Why One Former Inmate Says He Had To Join The Aryan Brotherhood

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An inmate getting a tattoo in prison

Two Texas prosecutors were shot dead months after helping the feds indict 34 alleged members of a prison gang known as the Aryan Brotherhood of Texas.

Their assassinations have rattled prosecutors and put a spotlight on prison gangs in America.

Back in October, former BI reporter Abby Rogers profiled an ex-convict named Daniel Miller who said he once belonged to the Aryan Brotherhood (technically a separate group from the Aryan Brotherhood of Texas).

His interview sheds light on how powerful gangs are in America's prisons, and how much pressure inmates face to join them.

Here's the original article based on that interview:

It's hunt or be hunted.

And as a first-time inmate arrested for conspiracy to commit burglary, then-16-year-old Daniel Miller chose to hunt.

When other inmates learned a black man propositioned Miller during his first stint inside, he says he had to take action so he wouldn't be ostracized by gangs in prison.

"When they found out the black homosexual had approached me talking that homosexual stuff, I was told 'Look you have to stab him or pipe him down,'" Miller recently told Business Insider about his first experiences during two decades spent in and out of prison, most recently for robbery.

"The guys were there just to make sure I actually split this guy's head open."

Those "guys" were part of the white supremacist group the Aryan Brotherhood, one of the most famous and feared jailhouse gangs.

Miller, now 38, joined up when he first entered the correctional system in Kansas as a teen. He bounced around a number of different facilities before being released on Sept. 19 this year.

"At 16 years old, I wanted to be accepted in prison," he said. "I would fight everybody."

He grew so cold and so good at fighting he became the one ordering attacks on fellow inmates — something that still haunts him.

"Inside I could feel it just ripping me apart knowing I had called that shot," said Miller, who calls himself an emotional guy.

The reality of prison gang life

From what Miller told us, prison gang life is nothing like you see on TV.

It's worse.

"The black gangs don't stab very much," he said so matter-of-factly he could have been discussing the weather. "They're quick to jump on you. The Mexicans will jump on you everywhere and the whites love to pipe people down a lot."

The Muslims are the most low-key gang but can be deadly if provoked, he said.

The Muslims were known for deploying men outside their gangs – frequently white guys who "acted" black – to carry out their dirty work, including weapons and drug deals.

But it was the Mexican gangs,"by far the most violent, deadly group," that you had to watch out for, Miller said.

"When you come in, you pretty much have to clique up with the Mexicans if you're Mexican," he said. The Mexican gangs would even force sex offenders to join after first beating them up, according to Miller.

When the Mexican mafia began expanding its illegal activities into Kansas it turned the Norteños and Indian gangs — two of the biggest Mexican gangs behind bars — against the Sureños gang. The fighting became so bloody the state stopped sending Sureños men to the facility in Lansing, Kan. because they wouldn't survive, according to Miller.

Leaving the ganglife

Miller finally had his fill of the gang life in 2007 when he lived next to door a black man nicknamed "40 Ounce" while at Kansas' Lansing Correctional Facility.

40 Ounce stopped a group of three men from robbing Miller's cell and wouldn't let the men retaliate when Miller beat one of them.

But after 40 Ounce gained Miller's respect, Woody, leader of the brotherhood, told Miller (or "Reno" as he was called inside), he had to smash 40 Ounce's head on orders from the Mexican gang.

"I told Woody, I said 'Man there's no honor in that," Miller said.

Woody sent three men to try to "violate" Miller after he refused the contract, but Miller turned his back on his gang and beat the men instead.

Miller ultimately left the Brotherhood to join a faith-based reentry program once he realized he was getting out soon.

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Former 'Superintendent Of The Year' Could Go To Prison For 45 Years

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Dr. Beverly Hall

Thirty-five Atlanta educators were indicted last week for allegedly participating in a cheating conspiracy involving one of America's most storied school superintendents.

Retired Atlanta schools chief Beverly Hall was named "National Superintendent of the Year" in 2009 and had previously headed troubled school districts in New York and Newark.

She was credited with rescuing the struggling Atlanta school system and helping it meet testing standards set by the Bush-era No Child Left Behind law.

By 2011, she had become the "pariah of a major city,"The New York Times has reported, referring to Atlanta.

The alleged standardized test cheating scandal — which appears to be the largest in the nation's history — may date back as far as 2001, when test scores began to turn around in Atlanta public schools, according to CNN.

The state finally launched an investigation in 2010 of potential cheating in Atlanta. As part of that probe, the state enlisted at least one third-grade teacher to wear a wire to record her fellow teachers, according to The New York Times.

That investigation found Hall ignored serious allegations of cheating beginning in 2005, according to the Atlanta Journal Constitution.

There are also allegations that Hall "ruled by fear" and created a culture so demanding that she would alienate subordinates who didn't deliver the results she wanted, The New York Times has reported.

When Congress passed No Child Left Behind in 2001, it created a renewed focus on children's test scores — and perverse incentives to raise test scores. Schools that had low test scores were deemed "failing" under the law.

In Atlanta, bonuses were paid to staff members at schools with high test scores, The New York Times has reported. Hall made $581,860.82 in bonuses between 1999 and 2009.

Hall and a number of educators are being charged under the RICO statute, a law originally passed to target the mafia. A grand jury recommended a $7.5 million bond for Hall, and she could get as many as 45 years in prison if convicted.

Hall, who retired in 2011, denies the charges. Her lawyer, Richard Deane, told the Times that "not a single person" has alleged that the former superintendent told them to cheat.

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The Shocking Amanda Knox Murder Case That Won't Go Away

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Amanda Knox 2008

Amanda Knox, who's now 25, became a household name in 2007 after she was accused of murdering her study-abroad roommate in Italy as part of a bizarre sex game.

An Italian appeals court ruled the DNA evidence was "flawed" and overturned her conviction in 2011. But last week the bizarre Italian court system struck down her acquittal and ordered that she be re-tried— meaning that she could be found guilty again.

Amanda Knox's story begins in 2007 with her decision to study abroad in Perugia, a quiet Italian city just north of Rome famous for its university and its chocolate festival.



Knox was studying Italian and creative writing at the University of Washington. Her parents and friends described her as friendly and book-smart, Rolling Stone reported.

Source: Rolling Stone



Knox, who was then 20 years old, rented this house with three roommates, including British student Meredith Kercher.

Source: Candace Dempsey in the Seattle Post-Intelligencer



See the rest of the story at Business Insider

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Sleepy Texas Town Lives In Fear Of A Vendetta

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Kaufman Judge

The murder of prosecutor Mike McLelland and his wife Cynthia has raised the spectre of the Aryan Brotherhood menacing Texas. Philip Sherwell reports.

A battery of heavily armed police guarded the courthouse as Brandi Fernandez arrived to take up her duties as district attorney in the normally sleepy Texan county town of Kaufman.

The menacing mood facing Miss Fernandez, 42, an experienced local prosecutor, is the product of a double murder that has caused fears that criminal gangs are targeting the town's officials.

She has good reason to fear for her security, since she led the prosecution of a senior "enforcer" of the Aryan Brotherhood of Texas last year.

The assassination of two of her colleagues and the death of the wife of one of the men has unnerved the ranks of law enforcement.

Mike McLelland, 63, Miss Fernandez's army veteran predecessor, and his wife Cynthia, 65, were killed in a hail of bullets at their ranch-style bungalow. The shooting came just two months after Mark Hasse, the assistant district attorney, was shot dead execution-style under an oak tree near the town square.

Dozens of federal agents have arrived in Kaufman to pursue possible murder motives that range from the role of crime cartels to personal vendettas.

But many locals fear that the murders were the work of the notorious Aryan Brotherhood of Texas, already under suspicion for the killing of Mr Hasse.

Spawned in the state's prisons as a rival to black and Latino gangs, the white supremacist group has evolved into a feared criminal enterprise. Its members are tied by bonds of blood and extreme violence to a paramilitary-structure operated by "generals," many of them who dispatch orders from behind bars.

In December, the state warned that the Brotherhood had threatened to inflict "mass casualties or death" on law enforcement officials involved in a crackdown on the group.

Kaufman officers helped arrest 34 alleged members. Many of the gangsters have reason to hold a vendetta against county officials.

Miss Fernandez led the prosecution last year of James "Wreck" Crawford, a burly Aryan Brotherhood "enforcer" sentenced to two life terms by a jury in the county. He was captured after a shoot-out with a wayward gang member who was being punished for not attending regular meetings, known as "church".

"I'm just ecstatic about the sentences," Mr McLelland said at the time. "It shows that those people can't come down here and run roughshod over folks in Kaufman county."

In the west of the county, affluent middle-class commuter territory provides a comfortable refuge from the urban sprawl of Dallas. It was here that the McLellands lived on their one-acre property in Forney, a town known as the "antique capital" of Texas.

But heading east along Interstate 20, the county becomes more rural, poorer and predominantly white. Typical of many Southern towns, the main war memorial outside the Kaufman courthouse honours the Confederate soldiers who fought in the 1861-65 Civil War. "There are still a lot of racists in this county," said Cliff Hutcheson, a neighbour of the dead couple. "It's not as bad as it used to be, but some of these folks are raised from birth with these views."

The decaying wooden homes, rocking chairs rotting on the porch, hark back to more prosperous days when cotton was king. One of the Brotherhood's main money-earners is the trade in methamphetamine, or "white man's crack".

The rural areas are now known for a rampant methamphetamine crime problem – abuse, manufacture and trafficking of the illegal stimulant.

Since his election in 2010, Mr McLelland had made tackling drug crime and the Aryan Brotherhood a priority.

"These were assassinations of government officials, based on good surveillance and calmly conducted in a very professional manner by hitmen who knew what they were doing," said Oliver "Buck" Revell, a security consultant and former head of Dallas FBI.

"That all points to a criminal gang as the most likely suspects". Mr McLelland had said that he knew the risks and that he was armed and ready. But not ready enough, it emerged.

His wife was shot dead after apparently opening their front door, while he was killed in his pyjamas near the back of the house where friends think he was trying to retrieve a weapon.

The house was littered with .223 bullet cartridges from an AR-15 semi-automatic assault rifle, the same weapon used by the killers in the Sandy Hook elementary school and Denver cinema massacres last year. Several neighbours heard shooting on the Friday night or Saturday morning, but in a state where gun ownership is widespread, did not report it.

The murder last month of the prisons chief in Colorado by a newly released inmate who belonged to another white supremacist jail gang has only intensified the nationwide fears about the killings.

If the Aryan Brotherhood has brought terror to Kaufman County, then the gang's operations would have escalated to an alarming new peak. "We're already under attack here," said a local businessman. "That would be war."

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New York Law Firm Is Accusing An Alleged Rape Victim Of Extortion

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Faruqi

Wall Street plaintiffs' firm Faruqi & Faruqi has filed a defamation lawsuit against a former Faruqi lawyer who says a partner harassed her and forced her to have sex.

Faruqi's $15 million "countersuit" says Alexandra Marchuk made up lurid lies about the firm and a prominent partner to ruin its reputation and get some cash.

Indeed, Marchuk's allegations in the sexual harassment suit she filed against Faruqi are horrifying. She says Juan Monteverde harassed her relentlessly and, on the night of an office holiday party, pushed her to the floor and "quickly, forcefully, and painfully had sex with her."

The countersuit portrays Marchuk, a 2011 Vanderbilt Law grad, as "obsessive" and adoring, and it says she repeatedly hit on Monteverde. It was Marchuk who asked Monteverde to go back to his office on the night he allegedly forced himself on her, the suit says.

Faruqi & Faruqi's suit goes on to allege that Marchuk had "not worn a bra and panties" the night Monteverde forced her to have sex. Monteverde, who was drunk, couldn't get an erection, so Marchuk performed oral sex on him, according to the lawsuit.

"Monteverde did not resist," the suit says.

Harry Lipman, a lawyer for Marchuk, told BI that Faruqi & Faruqi's countersuit is "frivolous" and contains allegations that are a "tellingly desperate attempt to blame the victim."

Faruqi & Faruqi acknowledges in a press release posted by Above the Law that Monteverde "exercised very poor judgment" but says it's convinced he didn't sexually harass Marchuk.

Monteverde is apparently a pretty big money maker for Faruqi & Faruqi. Monteverde has led the firm's lucrative pursuit of "say on pay" litigation against huge corporations authorized under Obama's financial regulatory reforms enacted in 2010.

SEE ALSO: One Of America's Most Feared Enemies Was Hit With A Graphic Lawsuit

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A Fired Local Official Is A 'Person Of Interest' In Texas Prosecutor Killings: Report

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Kaufman County Sheriff

Police in Kaufman County, Texas who are investigating the murders of two prosecutors have found a new "person of interest," the L.A. Times reports, citing a federal law enforcement official.

Investigators are looking into a former local official in Texas who was fired in a corruption probe. The former official, whom the Times didn't name, was allegedly caught on camera stealing and then arrested, the law enforcement source told the Times.

The two prosecutors who were killed, DA Mike McLelland and Assistant DA Mark Hasse, prosecuted this person's case.

The fired local official allegedly made threats against McLelland and Hasse since losing his job and allegedly threatened to burn down the home of another official.

The man's attorney, David Sergi, told the Times that his client "denies making threats against prosecutors" and was approached by police Saturday night, when he agreed to a gunpowder residue test. Sergi added that the house burning threat was "way overstated."

Local affiliate KPRC spoke to a man named Eric Williams on Tuesday who says he was questioned by police. (It's not clear whether he's the person referred to in the LA Times story.) He's a former Justice of the Peace who lost his job last year after he was convicted of stealing three computer monitors from a county building, KPRC reports.

Williams says he has "absolutley" no grudge against his prosecutors, and that police have not indicated he's a "person of interest."

Police are also looking at the Aryan Brotherhood of Texas, a white supremacist prison gang, as a possible culprit for the unprecedented killings.

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Retail Employees Who Are Accused Of Stealing Could Be Blacklisted Forever

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retailRetailers are keeping track of employees suspected of stealing in databases that could keep them from ever working in the industry again.

These databases are used my major retailers including Family Dollar, Target, and CVS, report Stephanie Clifford and Jessica Silver-Greenberg at The New York Times

The databases usually don't involve criminal charges, and most employees aren't aware that they've been put on the list until it's too late, according to the Times

"But the databases, which are legal, are facing scrutiny from labor lawyers and federal regulators, who worry they are so sweeping that innocent employees can be harmed," the Times reported. "The lawyers say workers are often coerced into confessing, sometimes when they have done nothing wrong, without understanding that they will be branded as thieves."

Employee thefts cost retailers about $15 billion a year, according to the National Retail Federation. 

The Times spoke to several people who are suing the database companies after being turned down for jobs. Some had not even admitted guilt for the alleged thefts. 

Proponents of the databases say that it's important for companies to weed out potential thieves in the struggling economy.

But consumer attorneys say the system is full of abuses, since the database entries generally stem from statements obtained by a store's security force, which are not subject to due process, and employees may not even know such records exist.

SEE ALSO: Sears Once Ruled The World From This Decaying Office Tower In Chicago >

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Former NBA Player Indicted For Allegedly Killing A Mother Of Four

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 Javaris Crittenton

ATLANTA (AP) — Former NBA player and Atlanta native Javaris Crittenton was indicted Tuesday on charges of murder and gang activity.

The Fulton County District Attorney's office said Crittenton, 25, and his cousin, Douglas Gamble, were charged in a 12-count indictment in the death of an Atlanta woman and the attempted murder of another man.

Julian Jones — a mother of four — was shot and killed in southwest Atlanta while walking with a group of people in August 2011. Authorities say that incident and a second shooting were gang-related. Officials say the shootings may have been retaliation after Crittenton was the victim of a robbery in which $50,000 worth of jewelry was stolen.

Crittenton, a former Georgia Tech guard, was drafted by the Lakers in 2007 and has also played for the Washington Wizards and Memphis Grizzlies. He was suspended for 38 games during the 2009-10 season for pulling a gun in the Wizards' locker room.

While nursing an injury, he and Gilbert Arenas were involved in a dispute stemming from a card game on a team flight. Arenas brought four guns to the locker room and set them in front of Crittenton's locker with a sign telling him to "PICK 1." Crittenton then took out his own gun.

Crittenton pleaded guilty to a misdemeanor gun charge on Jan. 25, 2010, and received probation.

After being released on bond in the 2011 shooting, Crittenton was arrested in February 2012 for speeding in Riverdale, Ga. — about 15 miles south of downtown Atlanta — and refusing to get out of his Porsche when police told him to. Authorities said he also refused to sign his speeding ticket.

Crittenton's attorney, Brian Steel, says his client is not guilty in the shooting.

"Mr. Crittenton and I look forward to proceeding to a jury trial, where the jury will be able to hear and see all of the evidence and reach a lawful, just, and proper verdict of not guilty," Steel said Tuesday night, adding that he disputes the notion the ex-NBA player was involved in any gang activity.

A trial date has not been set.

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Father Of Three Gets 25 Years For Selling $1,800 Worth Of Painkillers

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John Horner, a 46-year-old fast-food restaurant worker, lost his eye in a 2000 accident and was prescribed painkillers.

Years later, he met and befriended a guy who seemed to be in pain himself.

His new friend asked if he could buy some of Horner's pain pills. Naturally, the friend was a police informant.

Prosecutors in Central Florida say Horner was ultimately paid $1,800 for pills. "My public defender told me, 'They got you dead to rights,'" he said. "So I thought, 'OK, I guess there's no need taking this to trial.'"

His story is recounted in a BBC News Service story about the problematic use of informants by U.S. law-enforcement agencies.

It's an important subject and the article tackles it well.

But let's focus here on the anecdote about Horner, because it gets at the utter madness of the War on Drugs.

For the sake of argument, let's presume he's guilty of selling $1,800 of pain pills prescribed to him for an injury. Forget that he was arguably entrapped. Just look at the crime in isolation.

What sort of punishment should it carry?

You've got a 46-year-old employed father, with no criminal record, caught selling four bottles of prescription pain pills. "Under Florida law Horner now faced a minimum sentence of 25 years, if found guilty," the BBC reports.

Twenty-five years minimum!

It costs Florida roughly $19,000 to incarcerate an inmate for a year. So I ask you, dear reader, is keeping non-violent first-time drug offender John Horner locked behind bars in a jumpsuit really the best use of $475,000?

For the same price, you could pay a year's tuition for 75 students at Florida State University. You could pay the salaries of seven West Palm Beach police officers for a year. Is it accurate to call a system that demands the 25-year prison term mad?

Well. Prosecutors offered to shave years off his sentence if he became an informant himself and successfully helped send five others to prison on 25 year terms. He tried. But "Horner failed to make cases against drug traffickers," says the BBC. "As a result, he was sentenced to the full 25 years in October last year and is now serving his sentence in Liberty Correctional Institution."

Naturally.

"He will be 72 by the time he is released."

Meet his kids:


john horner's kids.png
How about a pardon, Governor Rick Scott?

Oh.

SEE ALSO: Harvard Professor Details His Radical Vision Of Legalizing All Drugs

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Atlanta School Teachers Are Being Prosecuted Like They're Mobsters

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Armstead Salters

The Atlanta Journal-Constitution has posted mug shots of 35 educators booked for allegedly colluding to raise standardized test scores

A 73-year-old principal, a middle school secretary, elementary school teachers, and other school workers are accused of being behind the nation's biggest cheating scandal.

Prosecutors are going after them under a racketeering law originally enacted to target the mafia, and they face prison time for allegedly changing students' test scores. Many of the teachers had bonds of $1 million or morethat they had to argue to get lowered to six or five figures. 

The scathing indictment of mostly black teachers has sparked allegations of racism from the Concerned Black Clergy and a prominent former mayor, The New York Times has reported. Rev. Timothy McDonald, a spokesman for Concerned Black Clergy, called the indictment "overkill" at best.

“Look at the pictures of those 35,” he told the Times. “Show me a white face. Let’s just be for real. You can call it racist, you can call it whatever you want, but this is overkill. We have seen people with much deeper crimes with much less bond set.”

It's clear prosecutors meant to send a strong message by arresting so many teachers after a sting operation that enlisted at least one third-grade teacher to wear a wire.

Teachers and principals are being accused of systematically and brazenly changing students' standardized test scores for possibly as long as a decade. These scores spiked when ex-superintendent Beverly Hall ran the school between 1999 and 2010, causing state regulators to become suspicious and start investigating the mostly minority district.

Hall, whose name appears at the top of the indictment, could go to prison for 45 years. She previously had a stellar reputation, and her lawyer Richard Deane told The New York Times that "not a single person" has alleged she helped them cheat.

The indictment says Hall placed "unreasonable emphasis" on meeting test targets and ignored signs of rampant cheating while handing out bonuses to staff at schools with high scores. A potential 45-year prison term for Hall certainly seems harsh over such allegations.

Throwing a lot of educators into jail with pretty big bail seems harsh too, especially since the bonuses they allegedly colluded to get reportedly ranged from just $750 to $1,000.

Former Atlanta Mayor Shirley Jackson, like the Concerned Black Clergy, has rushed to the teachers' defense and accused the media of unfairly skewering them.

"Yes cheating is awful," she writes on her blog. "And so is conviction before a fair trial. I believe every accused person deserves a fair trial under a set of laws that promises to be just and balanced. I don’t support public hangings. It is barbaric."

Jackson added, "Prosecutors, judges and jurors make mistakes and overreach."

SEE ALSO: 'Former Superintendent Of The Year' Could Go To Prison For 45 Years

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Aryan Brotherhood Of Texas Might Be Doing Society A 'Favor:' Lawyer

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Aryan Brotherhood

An alleged Aryan Brotherhood of Texas member's lawyer doesn't know why the government is going after the prison gang so aggressively, the Dallas Morning News reports.

Other crimes, like Medicaid fraud, have a bigger impact on regular people, attorney James Stafford told the Morning News. Plus, he said, ABT members mostly kill each other.

“The brotherhood hadn’t been bothering John Q. Public. They have been killing each other,” Stafford told the Morning News. “People might say they are doing society a great favor.”

Despite this assertion, the government is investigating a possible link between the ABT and the assassinations of two Texas prosecutors.

The Kaufman County DA's office where they both worked helped indict 34 alleged ABT members on drug and racketeering charges late last year, and the state had warned the office the ABT might be going after them.

Still, other law experts have said it's pretty much unprecedented for ABT members to go after members of the law enforcement community.

"I wouldn't think it would make good sense,"Gus Saper, a lawyer for an alleged ABT member, told Business Insider. "I know that the last thing my client wants or that I want for my client is any more publicity."

SEE ALSO: GOD FORGIVES. BROTHERS DON'T: Inside A Texas Extremist Group

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Nevada Sued Over Law That Criminalizes Gay Teen Sex

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Nevada

The ACLU is suing Nevada over its "infamous crime against nature statute," which makes it illegal to have gay sex with any minor under 18.

That law creates a double standard for gay and straight couples, the ACLU says. Nevadans have to be 16 years old to consent to sex. But the "crime against nature law"makes it illegal to have gay sexwith anybody who's under 18.

Here's the text of the law, which applies to sex with anybody under 18:

"As used in this section, the 'infamous crime against nature' means anal intercourse, cunnilingus, or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature."

The law says anybody who violates it could get life in prison, and it doesn't stipulate that the person who broke the law has to be over 18.

The ACLU represents an unnamed 17-year-old boy who was allegedly prosecuted for having sex with a 16-year-old boy, according to Courthouse News' summary of the complaint.

"If either Doe or the other teenager had been a girl instead of a boy, their sexual relationship would have been completely legal under Nevada law," the complaint states.

The ACLU calls the law both antiquated and totally discriminatory.

“This outdated, discriminatory law should have been removed long ago. This lawsuit seeks to ensure that no Nevadan can be prosecuted under this unconstitutional, discriminatory law again,” ACLU Interim Executive Director Tod Story said in a statement.

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Why Ex-Enron Chief Jeff Skilling Might Get Out Of His 24-Year Sentence

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Jeffrey Skilling

Former Enron CEO Jeffrey Skilling reportedly has a chance of getting out of prison early because the government is considering a deal to cut his sentence.

CNBC, which broke the news, reports that an appeals court ruled in 2009 that his 24-year prison term was too long.

However, Skilling was never resentenced because of delays in the appeals process.

In the meantime, his attorneys have made plans to ask for a new trial based on alleged misconduct of the Enron Task Force. If the feds cut a sentencing deal with Skilling, CNBC points out, they could avoid the embarrassment of a retrial.

In October 2006, Skilling, then 52, was sentenced for his role in the massive accounting fraud that caused Enron's spectacular collapse. (The fraud led to much stricter accounting standards under the Sarbanes-Oxley Act.)

Skilling appealed his sentence and convictions for fraud, insider trading, and conspiracy. In January 2009, a federal appeals court in New Orleans upheld his conviction. However, the  court found the 24-year sentence was too harsh and ordered a judge to resentence him.

Skilling had gotten a "sentencing enhancement" (which allows a judge to impose a harsher sentence) for "substantially jeopardizing the safety and soundness of a "financial institution."

The government argued that Enron's retirement plans — which Skilling allegedly jeopardized — counted as a financial institution, but the appeals court disagreed.

"Under the government's position, any large corporation would become a financial institution just by virtue of providing its employees with a tax-sanctioned retirement account," the appeals court ruled, sending the case back to the lower court for resentencing.

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Two White Supremacists Wanted In Probe Over Colorado Prison Chief Murder

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thomas guolee mug shot

DENVER (AP) — Two more men connected to a violent white supremacist gang are being sought in connection with the slaying of Colorado's prisons chief, according to a warning bulletin that's the first official word other gang members might be involved.

The search comes about two weeks after prison gang member Evan Ebel was killed in a shootout with Texas deputies. He's a suspect in the killing of Department of Corrections chief Tom Clements on March 19 and of pizza deliveryman Nathan Leon two days earlier.

While it's not clear whether the gang, the 211 Crew, is linked to the killings, the warning bulletin issued late Wednesday by the El Paso County Sheriff's Department was the first official indication there might be a tie.

James Lohr, 47, and Thomas Guolee, 31, aren't being called suspects in Clements' killing, but their names surfaced during the investigation, El Paso County sheriff's Lt. Jeff Kramer said. He wouldn't elaborate.

The two are known associates of the 211 gang, Kramer said.

Both are wanted on warrants unrelated to Clements' death, and authorities believe they are armed and dangerous.

Ebel is the only suspect that investigators have named in Clements' killing, but they haven't given a motive. They have said they're looking into his connection to the gang he joined while in prison, and whether that was connected to the attack.

"Investigators are looking at a lot of different possibilities. We are not stepping out and saying it's a hit or it's not a hit. We're looking at all possible motives," Kramer said Wednesday.

Investigators have said the gun Ebel used in the Texas shootout was also used to kill Clements when the prisons chief answered the front door of his Monument home.

Sheriff's investigators said they don't know the whereabouts of Lohr and Guolee or if they are together, but it's possible one or both of them could be headed to Nevada or Texas, Kramer said.

Guolee is a parolee who served time for intimidating a witness and giving a pawnbroker false information, among other charges, court records show. Lohr was being sought on warrants out of Las Animas County for a bail violation and a violation of a protection order, according to court records.

The 211 gang is one of the most vicious white supremacist groups operating in U.S. prisons, according to the Southern Poverty Law Center, which tracks extremist groups. It was founded in 1995 to protect white prisoners from attacks and operates only in Colorado, according to the center.

Ebel joined the 211 Crew after he entered prison in 2005 for a string of assault and menacing charges that combined for an eight-year sentence. He was supposed to spend an extra four years in prison for punching a prison officer in the face in 2006, but a clerical error led that sentence to be recorded as one to be served simultaneously with his previous sentences.

He was released on parole Jan. 28.

Records show that the vendor operating the electronic monitoring bracelet that Ebel wore noted a "tamper alert" March 14. Corrections officials left a message for Ebel telling him to report in two days and have the bracelet repaired, records show.

The next day, for the first time since his release, Ebel did not call in for his daily phone check-in.

On March 16, he missed his appointment to repair the bracelet. Only on the following day do the records show that a note was made in the corrections system that he failed to show up.

By then, Leon, a father of three, was shot and killed after answering a call for a pizza at a Denver truck stop.

On March 18, parole officers contacted Ebel's father, who said he was concerned his son had fled and gave them permission to search Ebel's apartment. The next afternoon, two parole officers concluded he had fled.

Hours later, Clements answered his doorbell and was fatally shot.

The next morning, still unaware of a connection with the most recent slaying, the state issued a warrant for Ebel's arrest on parole violations.

A sheriff's deputy in rural Texas pulled Ebel over March 21, but he fled. Ebel was killed in the shootout that followed.

Clements, born in St. Louis, worked for 31 years in the Missouri Department of Corrections, both in prison and as a parole officer, before he joined the Colorado Department of Corrections in 2011.

___

Associated Press writers P. Solomon Banda and Nicholas Riccardi contributed to this report.

SEE ALSO: Aryan Brotherhood Of Texas Might Be Doing Society A 'Favor:' Lawyer

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North Carolina's Proposed State Religion Isn't As Unprecedented As It Sounds

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North Carolina is home to many great things: Beer City USAgreat basketball, and the nation's best barbecue (yeah, I said it, Texas). It also has more than its fair share of zany legislators.

The latest scheme from Raleigh, via WRAL:

A bill filed by Republican lawmakers would allow North Carolina to declare an official religion, in violation of the Establishment Clause of the U.S. Bill of Rights, and seeks to nullify any federal ruling against Christian prayer by public bodies statewide.

The legislation grew out of a dispute between the American Civil Liberties Union and the Rowan County Board of Commissioners. In a federal lawsuit filed last month, the ACLU says the board has opened 97 percent of its meetings since 2007 with explicitly Christian prayers.

I know what you're thinking: That's not legal! What about the Establishment Clause of the Constitution! Well, read on:

"The Constitution of the United States does not grant the federal government and does not grant the federal courts the power to determine what is or is not constitutional; therefore, by virtue of the Tenth Amendment to the Constitution of the United States, the power to determine constitutionality and the proper interpretation and proper application of the Constitution is reserved to the states and to the people," the bill states.

"Each state in the union is sovereign and may independently determine how that state may make laws respecting an establishment of religion," it states.

You can safely file this under Not Gonna Happen. Even if the state passes the law, there's no chance it would be upheld.

Phillip Bump at The Atlantic Wire explains the fun circular logic going on: Yes, Marbury v. Madison established federal judicial review, but it was a federal decision so it's not binding. (The Tar Heel State could of course try seceding, but that didn't work out so well for them the first time around.)

The bill might be pointless grandstanding, but it's just one of many pointless pieces of grandstanding that signal the revival of nullification as a legal theory in the Obama years, mostly among conservatives who have claimed that states could disregard duly passed federal laws on matters like health care or gun control.

(Liberals have indulged too, demanding that the feds not enforce drug laws in states that have legalized marijuana.)

What makes this case in particular interesting is that despite the natural incredulous reaction this ploy may incite, it's not as unprecedented as it seems. Prior to independence, the Church of England was the established church in the colonies.

After the Revolutionary War and prior to the writing and ratification of the Constitution, states were suddenly left to their own devices, and many responded by considering the establishment of official churches.

One of Thomas Jefferson's proudest achievements (one of three he included in his epitaph; his presidency wasn't one) was writing the Virginia Statute for Religious Freedom.

The statute represented his victory in a battle with Patrick Henry over establishing a state church. Henry, while advocating tolerance, also wanted Richmond to collect taxes that would subsidize several Protestant denominations.

But not every state had a Jefferson. South Carolina went the Henry route, giving state funding to multiple denominations for a time.

North Carolina disestablished the Anglican Church in 1776, although the state constitution still contains a now-unenforceable prohibition on non-believers holding office.

Ironically, it was today's more liberal states that were likely to keep established churches longest, as Michael McConnell noted in the William and Mary Law Review:

Establishment survived in New England well into the nineteenth century. Disestablishment came to Connecticut in 1818, but not until 1833 in Massachusetts. New Hampshire enacted a toleration act in 1819, but authorization for towns to support Protestant ministers remained on the books, unenforced, for the rest of the century.

The demise of these established churches had nothing to do with the long arm of the federal government reaching where it oughtn't be -- it had everything to do with voters deciding it just didn't work to keep handing money to ministers.

"Tellingly, these establishments fell in large measure because citizens of both states tired of the incessant bickering about church taxes, especially as they watched tax-supported congregations split over the doctrine of Unitarianism and lawsuits over the tax revenues belonging to the now divided congregations increase," explains James Hutson in his book Religion and the New Republic.

Of course, these churches were established and then disestablished in the context of a homogeneous society in which Protestant Christians were completely dominant.

So let's keep two things in mind when we look at a bill like North Carolina's: First, the Founders, despite being overwhelmingly Protestant men in an era kind to them, intentionally avoided state religion in most cases, and wrote protections against it.

And second, even in that homogeneous society, American churches proved too fractious to justify even broadly distributed state support.

Now, imagine the difficulties that might erupt in an era when evangelical Christians, mainline Protestants, Catholics, Muslims, Buddhists, Hindus, secular humanists, and atheists all share the culture. How likely is it that such a venture would succeed?

Meanwhile, the North Carolina Senate has moved on to repealing the state's Racial Justice Act.

SEE ALSO: The Courts Are Going To Decide Whether Corporations Have A Right To 'Practice' Religion

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'Craiglist Killer' Gets The Death Penalty

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A self-described "street preacher" in Ohio, who killed men he lured with Craigslist job ads, has been sentenced to death, NBC News reports.

Richard Beasley, 53, was convicted of murder last month for killing robbing and killing three men he'd lured with Craigslist job ads.

Akron, Ohio, judge Lynne Callahan gave him three death sentences, based on the recommendation of the jury that convicted him, www.wkyc.com reports.

Beasley was given a chance to speak in court and reportedly said, "I killed nobody.  To the families, I'm sorry. ... I will continue to pray for you."

Ohio Attorney General Mike DeWine was among the people in court for the sentencing, according to WKYC.

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Jodi Arias' Psychologist May Have Screwed Up Her Murder Defense

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In the past few days, lawyers for "Mormon Casey Anthony" Jodi Arias have filed two different motions for a mistrial in a case accusing her of murdering her ex-boyfriend.

Lawyers for the 32-year-old probably don't think her high-profile trial is going well. If they did, they would want to press on so Arias could get acquitted and resume her normal life.

To be fair to those defense lawyers, the case has been an uphill battle.

Travis Alexander was stabbed nearly 30 times, almost decapitated, and shot in the head. Arias says she killed him in self-defense and claims she remembers hardly anything from that day (including dragging his body into a shower).

Arias lied to investigators repeatedly, first saying she knew nothing of the attack and then blaming masked intruders before finally claiming self-defense.

Even considering these circumstances, there have been a lot of cringeworthy moments for the defense — culminating last month in prosecutor Juan Martinez's brutal cross-examination of Arias' psychologist, Richard Samuels.

It was Samuels who diagnosed Arias with the post-traumatic stress disorder (PTSD) and amnesia that explain why she can't remember stabbing her Alexander or cleaning up his blood.

When the prosecutor, Martinez, was cross-examining Samuels, he pointed out that the psychologist gave Arias her test for PTSD while she was still lying to investigators and claiming she knew nothing about Alexander's death. Samuels conceded that maybe he should have given her another test after she changed her story.

"These tests, which I administered early, did confirm the presence of post-traumatic stress disorder. Although, I was in error by not re-administering the [test]," Samuels said in court, according to a HuffPost transcript.

Things got even worse when Martinez blurted out that Samuels had "feelings" for Arias. (It's not entirely clear why Martinez jumped to this conclusion, but Samuels did reportedly give the 32-year-old murder defendant a self-help book.)

Regardless of whether Samuels has "feelings" for Arias, Martinez may have made the jurors doubt his credibility. If they don't buy his amnesia and PTSD diagnoses, it's going to be really, really tough to explain why she remembers little from the day she killed Alexander.

No wonder why the Arias defense keeps asking for a mistrial.

SEE ALSO: Meet The 32-Year-Old At The Center Of The Incredibly Salacious Mormon Murder Trial

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James Holmes' Psychiatrist Bluntly Warned University He Had 'Homicidal Thoughts'

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CENTENNIAL, Colo. (AP) — New questions are confronting the university that Colorado theater shooting suspect James Holmes attended amid disclosures that a psychiatrist warned campus police a month before the deadly assault that Holmes was dangerous and had homicidal thoughts.

Court documents made public Thursday cited Dr. Lynne Fenton, a psychiatrist at the University of Colorado, Denver who had treated Holmes. The documents said Fenton told a campus police officer in June that the shooting suspect also threatened and intimidated her.

It was more than a month before the July 20 attack at a movie theater that killed 12 and injured 70.

Campus police Officer Lynn Whitten told investigators after the shooting that Fenton had contacted her. Whitten said Fenton was following her legal requirement to report threats to authorities, according one of the documents, a search warrant affidavit.

"Dr. Fenton advised that through her contact with James Holmes she was reporting, per her requirement, his danger to the public due to homicidal statements he had made," the affidavit said.

Whitten added that Fenton said she began to receive threatening text messages from Holmes after he stopped seeing her for counseling, the documents said.

It was not clear if Fenton's blunt warning about Holmes reached other university officials. Whitten told investigators she deactivated Holmes' access card after hearing from Fenton, but the affidavit did not say other action she took.

Whitten did not immediately respond to messages left at her home and office Thursday. University spokeswoman Jacque Montgomery said she could not comment because the school had not reviewed the court records.

The indication that a psychiatrist had called Holmes a danger to the public gave momentum to Democratic state lawmakers' plans to introduce legislation to further restrict mentally ill people from buying guns. State Rep. Beth McCann initially cited the information Thursday as a reason she would introduce a bill as soon as Friday, but quickly backed off and said no date has been set.

The theater massacre already helped inspire a new state ban on large-capacity firearm magazines.

Holmes had enrolled in the university's Ph.D. neuroscience program in 2011 but resigned about six weeks before the shootings after failing a key examination.

In the days after the attack, university officials released little information about Holmes or how it responded to concerns about him. University officials cited both a gag order in the criminal case and federal privacy laws.

"To the best of our knowledge at this point, we think we did everything that we should have done," university Chancellor Don Elliman said three days after the attack.

Campus police also said they had never had contact with Holmes. University officials acknowledged a criminal background check had been run on Holmes, but the person who requested the background check has not been publicly identified.

When prosecutors said in court that the university had banned Holmes from campus, university officials denied that. They said Holmes' access card had been deactivated because he had left the neuroscience program.

That statement could not immediately be reconciled with Whitten's statement in the affidavit that she deactivated Holmes' card because of Fenton's concerns.

The documents released Thursday were previously sealed, but the new judge overseeing the case ordered them released after requests from news organizations including The Associated Press.

District Judge Carlos Samour took over this week after the previous judge, who had sealed the documents, removed himself. Judge William Sylvester handed off to Samour on Monday, saying the case would take up so much time that he couldn't carry out his administrative duties as chief judge of a four-county district.

Both prosecutors and defense attorneys had raised concerns about releasing the documents. Prosecutors said they were worried about the privacy of victims and witnesses if the records were released. Attorneys for Holmes said they didn't want to hurt his chances for a fair trial.

Sylvester had said he was reluctant to release the documents before the preliminary hearing, when prosecutors laid out evidence on whether Holmes could be brought to trial. That hearing was held in January, with investigators giving the names and injuries of every theater victim in graphic detail.

Media organizations said there has been a "wealth of information already made public in the proceedings thus far." They argued there was no basis for the documents to remain sealed.

Samour said lawyers failed to show that releasing the records would cause any harm, or that keeping the documents sealed would prevent any harm.

Sylvester entered a plea of not guilty on Holmes' behalf. Defense lawyers revealed last week that Holmes had offered to plead guilty, but prosecutors rejected the offer and announced Monday they would seek the death penalty.

___

Associated Press writer Catherine Tsai contributed to this report.

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Aryan Brotherhood Of Texas Says It's Being 'Set Up' For Prosecutors' Murders

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After two Texas prosecutors were gunned down recently, investigators began looking at a possible connection to the white supremacist prison gang the Aryan Brotherhood of Texas.

The ABT quickly became a suspect because the Kaufman County District Attorney's Office where the slain prosecutors worked had recently helped indict 34 members of the prison gang.

Some legal experts are saying the assassination of public officials is out of character for the ABT, though, and members themselves are balking at being blamed for the crime, the LA Times reports.

"There is some grumbling among the ABT from sources I have. They feel like they're being blamed for this, that they're being set up," Houston-based criminal justice consultant Terry Pelz told the Times.

The ABT, which isn't part of the larger, California-based Aryan Brotherhood, formed in the 1980s and has a paramilitary structure that stresses obedience and loyalty. The group is known for killing people who try to leave — not murdering civilians or law enforcement.

In fact, attacking senior law enforcement would probably backfire on a prison gang.

"That's going to bring the heat on you," UCLA law professor and gang expert Jorja Leap told the Times. "Long-running gangs on the street are smart enough to know their own limits and don't cross them. The ones that go crazy are the ones that don't survive."

The murder of Kaufman County DA Mike McLelland and his wife, Cynthia, just two months after Assistant DA Mark Hasse was killed has cast a spotlight on the prison gang their office prosecuted, but police are investigating other possible suspects.

One other "person of interest" is reportedly a disgruntled public official who was fired and then allegedly threatened both McLelland and Hasse.

SEE ALSO: The Assassination Of Two Texas Prosecutors Is Unprecedented And Terrifying

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A Homicide Detective Was Shot Dead In A Police Interrogation Room

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JACKSON, Miss. (AP) — Stunned police officials in Jackson, Miss., are trying to determine how a suspect was able to shoot and kill a homicide detective inside an interrogation room at police headquarters — and how the suspect himself ended up dead.

Authorities said Det. Eric Smith, a tall, fit investigator and decorated homicide detective who had been with the department since 1995, was gunned down inside an interview room late Thursday afternoon as he was questioning the 23-year-old murder suspect, Jeremy Powell.

Officers heard several gunshots, and when they went to the room, found both Smith — a married father — and Powell dead of multiple gunshot wounds, police said.

Police in Jackson, the capital of Mississippi, were clearly shaken by the killing of one of their own inside a high-security building where officers and residents alike expect to be safe. But they did not release any details about what they believed happened. They said the case has been turned over to the Mississippi Bureau of Investigation, which is standard procedure.

"The entire city of Jackson and the Jackson Police Department family are all hurting," said Jackson city spokesman Chris Mims. "We are asking for the public's patience while we find out why this tragic incident happened and how it happened."

The suspect was being questioned on the third floor of the police headquarters building when the shooting happened, Police Chief Rebecca Coleman said.

Police said in a news release that Powell was in the process of being arrested in the killing Monday of 20-year-old Christopher Alexander. News outlets reported that Alexander's body was found Monday near a Jackson street and he had been stabbed in the neck.

The police headquarters was on lockdown Thursday night, Mims said.

Jackson City Councilman Chokwe Lumumba was in police headquarters with the mayor later and said Smith was shot by the suspect. He did not know how the suspect ended up dead.

"I understand there may have been more than one police officer in the room," Lumumba said.

The headquarters was blocked off and surrounded by crime tape. Law enforcement and Jackson city officials rushed to the scene.

At least 30 Jackson Police and Hinds County Sheriff's office vehicles were haphazardly parked across multiple, major downtown Jackson streets Thursday evening. Officers wiped their eyes, and Assistant Chief Lee Vance could be seen comforting Coleman at one point, putting his arm around her shoulder outside the building.

Mims described the 40-year-old Smith, who was assigned to the Robbery-Homicide Division, as "a decorated detective and well-respected law-enforcement person throughout the state of Mississippi."

A 2008 photo on the department's website shows Smith, in a shirt and tie, accepting a certificate of commendation, with Coleman and Vance on either side of him.

Lumumba, who is a lawyer, said he first met Smith in the late 1990s. The then-officer had testified on some of Lumumba's cases.

"I had great respect for his work and his integrity," Lumumba said. He added that Smith's stepson had played basketball on an Amateur Athletic Union team that Lumumba worked with.

"Eric helped take young men all over the country," the councilman said. "He's a real man in every sense of the word."

Mayor Harvey Johnson, Jr. also addressed the officer's death.

"Detective Smith was an excellent officer in all respects," the mayor said. "I want everyone to keep the Smith family in their prayers and in their thoughts."

___

Mohr reported from Brandon, Miss. Associated Press writer Jackie Quinn reported from Washington.

Now Watch: Your Smartphone Is Tracking You In Ways You've Never Imagined
 

SEE ALSO: James Holmes' Psychiatrist Bluntly Warned University He Had 'Homicidal Thoughts'

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