Monday, August 28, 2006

People vs. Karr Case Vacated!

from the office of Boulder County District Attorney Mary T. Lacy:

"Monday, August 28, 2006

People vs. Karr Case Vacated

The hearing scheduled for today in the case of the People vs. John Mark Karr has been vacated. The People filed a Motion to Quash the Arrest Warrant for John Mark Karr this afternoon. That motion has been granted by Chief Judge Bailin.

District Attorney Mary Lacy made the following statement:

As contemplated at the time of the initial arrest and subsequent press conference, my office has spent the past week conducting follow-up interviews and forensic testing to establish whether John Mark Karr was present in Boulder on December 25-26, 1996.

The DNA associated with the victim in this case does not match John Mark Karr. The family of Mr. Karr cooperated by providing circumstantial evidence that Mr. Karr spent Christmas with his family in Atlanta, Georgia.

We understand that there is great public and/or media interest in the process we followed to arrest John Mark Karr in Thailand. We are making a full set of the emails and a copy of the taped telephone calls [Daily Camera audio files from July 15, 2006] as well as affidavits [ here and duplicated here] for search and arrest available to the designated representative of the media consortium this afternoon. We will also make available the face sheet of a manuscript entitled "Daxis" which Mr. Karr has indicated is under copyright protection. We will not oppose motions to seek the release of that one hundred and fifty three page document in court.

As I said last week, our role in the investigation of JonBenet Ramsey’s murder has been to follow up on all legitimate leads that we have received from law enforcement and concerned citizens. This case is not closed, and we will continue to investigate leads and pursue justice.

Regarding the status of John Mark Karr, a safety plan has been established. We cannot comment further on this issue.

The motion and order will be posted at:

The District Attorney's Office is in the process of posting additional information about this investigation. A link identifying the site location for this information will be posted as soon as it is available at:

A media briefing will be held in the Jury Assembly Room, Justice Center, Tuesday, August 29, 2006, at 10:00 a.m. A panel from the Boulder District Attorney’s Office, including Mary Lacy, Pete Maguire, Bill Nagel, and Tom Bennett, will be available to answer questions from up to 21 members of the media, as identified from the media consortium meeting on Aug. 18..."

A Westword special report called "Anatomy of a Karr Wreck" has e-mails and audio files released by the DA's office.

Yawn...This is a bunch of B.S. I like my theory better.

So it's not home sweet home!

Adjust! This is Snapple's blog!

Sunday, August 27, 2006

Judge Bailin's "Rare and Important Order"

Some interesting and amusing articles have appeared about the lawyers who seek to represent John Mark Karr, the teacher brought back from Thailand in connection with the murder of JonBenet Ramsey.

Judge Bailin, who has been involved in the Ramsey case for many years, has said that Karr's lawyer is Seth Temin, a Colorado public defender. Bailin says that nobody can talk to Karr, even a lawyer, without getting written permission from Temin.

Two California lawyers, Jamie Harmon and Patience Van Zandt, have claimed that they were hired to represent John Mark Karr and that a Colorado lawyer, Rachel Cohen, would be assisting them.
[Chase Squires. "Karr defense fights to keep DNA private." A.P. Longmont FYI 8-27-06]

According to the Rocky Mountain News:

"Because Harmon and Van Zandt are not members of the Colorado Bar Association, they must associate with a local lawyer to work in Colorado courtrooms - but only once charges are filed."
[Charlie Brennan. "Calif. lawyers pick young local to represent Karr." Rocky Mountain News. 8-26-06.]

Cohen has denied that she plans to represent Karr. A statement posted on Cohen's website said, "I have not represented [Karr] and will not be representing him."
[Chase Squires. "Who is JonBenet suspect's lawyer? Confusion reigns on legal help for John Mark Karr, accused in the girl's death." A.P. Orlando Sentinel. 9-27-06.]

Karr's court-recognized attorney, Seth Temin has "asked Bailin to make prosecutors turn over all of the evidence amassed so far in the case if they bring formal charges against Karr, including evidence presented to a grand jury convened in the case nearly a decade ago."
["DNA test block sought in JonBenet case." 8-26-06. TVNZ.CO.NZ]

The persistent Harmon was not deterred:

"If (Karr) wants (public defenders) to be involved, that's fine...I'll remain in the case no matter what, in some capacity." [Charlie Brennan. "Calif. lawyers pick young local to represent Karr." Rocky Mountain News. 8-26-06]

It looks like Harmon will not be involved in the Karr defense in any capacity. The A.P. writer Chase Squires has observed:

"Harmon and Van Zandt were further marginalized Friday when District Court Judge Roxanne Bailin ordered that “any private person, professional or not” must obtain written permission from Temin before contacting Karr.

Denver attorney Larry Pozner, a former public defender, said Temin and his team have done an outstanding job in a short time. Their actions should end any confusion over who represents Karr, he said.

The phrase “professional or not” in Bailin’s order is rare and important, Pozner said. It blocks any attorneys from offering their services without Temin’s approval." [A.P. Longmont FYI]

"The tug of war is over," Pozner said. "I think the public defenders are firmly in control of the case, and the amateur hour is over. It was sad. It was a low point in the profession."Van Zandt and Harmon did not return telephone messages and e-mails Saturday. [A.P. Orlando Sentinel.]

Editorial speculation:

Judge Bailin must balance competing interests.

  • She must protect Karr's right to a lawyer who will genuinely represent his interests.
  • She must protect secret evidence that may implicate or clear Karr.
  • Judge Bailin must also guard against the remote possibility that somebody might insert lawyers into Karr's case in order to glean law enforcement and grand jury secrets, not that an ethical lawyer would act as an agent for the interests of someone besides his declared client.

Wednesday, August 16, 2006

Arrest in JonBenet Ramsey Murder

"I was with JonBenet when she died."
---John Mark Carr
A former teacher named John Mark Karr has been arrested at his apartment in Bangkok, Thailand in connection with the JonBenet Ramsey murder. The authorities have not revealed what Karr is charged with, if anything. Karr told television reporters, "I was with JonBenet when she died." He said that her death was "an accident."

The FBI is bringing him back to the U.S. for further investigation.

According to media reports, the suspect was arrested by an arm of the Department of Homeland Security called ICE, "the second largest federal law enforcement contributor to the Joint Terrorism Task Force."

The ICE site links to a pdf document about this arrest and has posted this short introduction to their pdf statement:

“U.S. Immigration and Customs Enforcement (ICE) was pleased to assist the Boulder County District Attorney’s Office and the Royal Thai Police in identifying and locating the suspect in the Jon Benet Ramsey case. Additional details specific to the case will be shared by the Boulder Colorado District Attorney’s office.”

The ICE statement says:

Representatives of the media should contact the Boulder County District Attorney’s Office media
hotline at (303) 441-3842 and e-mail hotline at

Thursday, August 10, 2006

Legal Lane's Lament

David Lane, Ward Churchill's lawyer, says that he wants to start a "revolution" at U.C. Boulder because the university is not agreeing to contribute up to 20,000 dollars toward Churchill's legal expenses for his hearing before the Privilege and Tenure Committee on charges of academic misconduct.

The Committee has not contributed any money for legal expenses for cases that have come before it in recent years.
Burnett. "Churchill's lawyer says CU 'revolution' needed." August 9, 2006. Rocky Mountain News]

David Lane told the Rocky, "I want [professors] to know nobody is safe...If C.U. can (mess) with Ward Churchill, they can (mess) with anyone." [
Burnett. August 9, 2006]

At the moment, however, it is Ward Churchill who is "messing" with professors, not C.U. It is Ward Churchill who has completely misrepresented and plagiarized what other scholars have written.

Churchill's misrepresentations and fabrications have been unmasked and posted on the Internet in a recent article by Dr. Thomas Brown.
[Plagiary ]

If C.U. can't fire Churchill, then he will be free to misrepresent the scholarship of other professors.

Churchill is always whining about how his free speech is being violated, but he is the one who misrepresents what other people have written.

We are surprised to see that David Lane is crying over spilt milk. After all, this fight isn't about David's ricebowl. As everyone knows, David was going to donate his legal fee to the ACLU.

Who Was That Foul-Mouthed Old Agitator in the Mob?

"Boy, I'd like to hang every one of you mother-fuckers!"
"We're gonna getcha...We're gonna getcha...We know who you are!"
"You sons-of-bitches remember Custer?"
---An unidentified, foul-mouthed old agitator in a mob

I have link to a video that was taken by someone in a group of about 200 hippies called the Rainbow Family. The Rainbows wanted to camp in the Routt National Forest, north of Steamboat Springs. They were a large group and did not have a permit to camp in this forest, so armed forest rangers tried to stop the Rainbows at a checkpoint.

Since the forest was very dry, there was a danger of fire. In fact, at one point during the Rainbow camp-out, the rangers did have to extinguish a small forest fire. There is only one road into this area, so if a fire were to get out of control a lot of people might be killed.

Some Rainbows seemed to be working from a script and shouted to make a circle so that the forest rangers would be surrounded. Soon other Rainbows joined in.

The fact that "peaceful" Rainbows tried to corner about 15 armed rangers suggests that the Rainbows were really trying to provoke violence.

To me, it sounds like some degenerate creep with no concern for human life was trying to stage a symbolic reenactment of "Custer's Last Stand," with the rangers playing the role of Custer and the hippies playing the role of Indian.

Who is the degenerate creep who was willing to risk the lives and safety of the forest rangers and the Rainbows?

Perhaps the degenerate creep who planned this reinactment of "Custer's Last Stand" is the foul-mouthed old agitator who can be overheard on the tape threatening the rangers, baiting them with insults and profanity, and inciting the crowd.

The old agitator makes this Custer analogy explicit when he taunts the forest rangers: "You sons-of-bitches remember Custer?"

Here is an article in the Rocky Mountain News about this confrontation.

According to the RMN:

Denise Ottaviano, an information officer for the National Incident Management Team, said about 15 U.S. Forest Service law enforcement officers were forced to abandon a safety-and-information checkpoint after being encircled in a hostile manner by more than 200 Rainbows.

The conflict was sparked by the U.S. Forest Service's decision to start issuing citations to early-bird Rainbow campers entering the Hahns Peak-Bears Ears Ranger District - roughly 30 miles north-northeast of Steamboat Springs - without a special-use permit.

Ottaviano said the permit is required for a gathering of more than 74 people on Forest Service land.

About midday Tuesday, Ottaviano said, "a group of between 60 to 80 Rainbows started approaching the law enforcement officers from the interior of the gathering area in a very hostile manner.

"They broke up into groups and started surrounding the law enforcement officers at the checkpoint, and that incited the group of about 200 that was outside of the gathering area to then also approach and join in with the group that was already there, and start surrounding the law enforcement officers."

Ottaviano said that when the officers saw they were encircled, they drew their weapons but did not fire. They were then able to get into their cars and leave.....

"They have the constitutional right to gather on national forest system land, as does any group for any reason," Ottaviano said. "But they also have the legal responsibility to obtain the free special-use permit." [Charlie Brennan. "Peace flees somewhere over the Rainbows..." Rocky Mountain News. 6-21-06.]

Listen to the voice of the foul-mouthed old agitator in the group of Rainbows who appears to be trying to instigate some violence. After he has endangered the Rainbows, the not-very-sincere agitator is heard saying to the young Rainbows, "I love you kids."

Here is the video.

The foul-mouthed old agitator is threatening and taunting the rangers. Here is an approximate transcription of some of the old agitator's threats and taunts. I may add to this list as I listen to this tape a few more times.

Get outa here...leave us alone...

That's a son-of-a-bitch with a machine gun...a fuckin' machine gun...

Where's your swastikas?

A machine gun... a shot sorry bastards.

Shame on you.

You dirty bastards.

You too, I remember you, very much.

In America this is happening; you're fucking terrorists.

Boy, I'd like to hang every one of you mother-fuckers!

We're gonna getcha...we're gonna getcha...we know who you are!

You sorry're a sorry bastard.

There's that little prick...right better get the fuck outa here while you can...

You better get outa here you God-damn dirty bastard...

You sons-of-bitches remember Custer?

Go on, you son-of-a-bitch....get the fuck outa here...

[To the Rainbows] I love you kids.

Tuesday, August 08, 2006

Did the U.S. Army Distribute Smallpox Blankets to Indians? Fabrication and Falsification in Ward Churchill's Genocide Rhetoric

The brilliant Professor Thomas Brown of Lamar University has published a magnificent analysis of Ward Churchill's many deliberate lies about the "genocide" of the Mandan in a scholarly publication called "Plagiary."

Hat Tip:
I noticed Dr. Brown's article because it was posted on Mr. Paine's Pirateballerina site.

As far as I am concerned, Dr. Brown's article is the "Mother of All Churchill Takedowns"!

Dr. Brown writes:

"Churchill fabricated all of the central details of his [Mandan Indian] genocide story. Churchill also falsified the sources he cites in support of his genocide charges, sources which say the opposite of what Churchill attributes to them. Moreover, we must conclude that falsification and fabrication are habitual with Churchill. This essay has analyzed not much more than three cumulative pages of Churchill’s writing, drawn from across six different essays. (Since Churchill published his second version at least twice, this adds up to at least seven different publications.) Within those few pages, Churchill has committed multiple counts of research misconduct—specifically, fabrication and falsification."

An earlier version of Dr. Brown's analysis is here.

I wrote a brief article on the main points of Brown's original research here.

Wednesday, August 02, 2006

Ward Churchill and the Black Panthers

On February 23, 2005,The Rocky Mountain News published an interesting article called "Ward Churchill and the Black Panthers." It was subsequently reprinted in Front Page Magazine.

Here is an interesting quote from the article:

"Churchill has written extensively on the Black Panthers...pushing the common view that they were besieged and all but exterminated by a coordinated campaign emanating from the FBI.

That the FBI targeted, harassed and infiltrated the Black Panthers is not open to doubt. Then again, the agency would have been irresponsible not to be concerned about this group, whose celebrated public image of providing armed defense to the black community concealed vicious, systematic criminal activity - much of which its surviving leaders admitted in later years. In 1998, for example, Eldridge Cleaver told 60 Minutes, 'If people had listened to Huey Newton and me in the 1960s, there would have been a holocaust in this country.' Newton, a founder of the Black Panthers, was a predator and drug addict who was eventually murdered in 1989 by a drug dealer.

Churchill is all but oblivious to the Panthers' criminal side. Instead, in an essay published in 2001 in an anthology titled Liberation, Imagination and the Black Panther Party, he laments the 'fallen warriors of the Black Panther Party' and urges others to take up their banner. The essay is a 40-page slog, but Churchill's casual commitment to truth is fully betrayed in a table on page 109 in which he lists 'The Panther Dead: Police-Induced Fatalities, 1968-1971' - a description meant to convey the idea that 29 activists were murdered by police. In fact, the list includes numerous Panthers killed by relatives, colleagues and other armed militants, or who perished in clashes with police that they initiated. He includes the likes of Alex Rackley, tortured and murdered by fellow Panthers; George Jackson, killed in an attempted jailbreak from San Quentin; Frank Diggs, whose murder was never solved (as Churchill actually admits elsewhere in his text); and Bobby Hutton, shot trying to escape (witnesses agreed) after a 90-minute gun battle with police in Oakland.

As long ago as 1971, Edward Jay Epstein debunked claims of "a pattern of genocide" in a meticulous article in The New Yorker.

Additional revelations since have rounded out our knowledge, including Cleaver's admission to journalist Kate Coleman in California Magazine in 1980 that he and other Panthers provoked the battle resulting in Hutton's death by ambushing a patrol car.

To be sure, some cases are ambiguous or subject to conflicting testimony and may well have involved official lies or misconduct (the deaths of Fred Hampton and Mark Clark in Chicago certainly did), but Churchill is not interested in drawing such distinctions. He is first to last a propagandist masquerading as an academic."

It is interesting that the Rocky Mountain News writes that the Panthers provoked a battle by ambushing a police car. The Panther's ambush of the police reminds me a lot of the ambush of the two FBI agents on Pine Ridge on the symbolic anniversary of Custer's last Stand that I have written about here and here.

Churchill's claim that the Panthers were nearly exterminated by a coordinated FBI campaign reminds me of his absurd claim that 342 AIM activists or their relatives were murdered by FBI-backed death squads at Pine Ridge.

It seems like Ward Churchill just keeps putting retreads on the same old lies.

The ironic thing is that Churchill even plagiarized his fabrication about the FBI-backed death squads at Pine Ridge by copying an actual historical event from the history of the FBI's investigation of the Osage Indian Murders.

Churchill depicts the Black Panthers as civil rights activists when they were really violent criminals. He also depicts Leonard Peltier as an Indian rights activist when Peltier was really just a violent criminal, too.

Here is the FBI "Wanted" poster for Peltier.