45 posts tagged “omfg”
by Claire Sibonney
Thu May 8, 2008
TORONTO (Reuters) - An attendant at a Canadian restaurant who was sacked for giving a bite-sized doughnut, worth 16 cents, to an agitated toddler was given her job back on Thursday after the case received wide media attention.
Nicole Lilliman, a single mother, said she was dismissed from a London, Ontario, outlet of the Tim Hortons coffee and doughnut chain after video cameras captured the 27-year-old giving a Timbit to a toddler.
"It was just out of my heart, she (the toddler) was pointing and going 'ah, ah...' I should have gone to my purse and got the change, but it was busy," Lilliman told the Toronto Star newspaper.
Tim Hortons said on Thursday that the firing was a mistake.
"It was the unfortunate action of one manager who unfortunately made an overzealous decision, and thankfully we were able to rectify the situation," said company spokeswoman Rachel Douglas.
Douglas said the company, a Canadian icon with stores on virtually every high street across the country, told Lilliman that she could have her job back, and Lilliman had accepted.
A single Timbit sells for 16 Canadian cents (16 U.S. cents), but most shoppers buy boxes of 10, 20 or 40 of the deep-fried goodies, which come in a variety of flavors.
Douglas said Tim Hortons had received a number of complaints. "Thankfully we're able to go back to them and say we were able to fix the situation," she said.
It is my sincerest hope that "manager who unfortunately made an overzealous decision" lost its job and won't be asked back.
Bush Fixes Economy Whines About Congress
Dorkus
W. Dildo had a press conference today, in his garden. He is very rich
and has an entire hospital to attend to him and bombs anything that
makes him confused and no matter what crime he does, he never gets sent
to prison, so he is exactly like ordinary poor Americans like you. Bush
Junior has heard about how maybe the "economic" is a problem, so he
told those losers who still have to act like he's important — you know,
the White House correspondents — that he "figured out" what was wrong
and guess what, it's Congress, which has Democrats.
"The average person wants to know whether or not we know that they're paying higher gasoline prices and they're worried about staying in their homes," Bush said. Yes, that's a bunch of jumbled nonsense with a slight relation to the subject, so Consumer Confidence immediately plunged to its lowest level in nearly six years and consumer sentiment plunged to its lowest level in 26 years and inflation rose again and home prices are falling faster than ever with "no sign of the bottom" and the number of Americans who can even dream of affording a little vacation in the next six months fell to a 30-year low.
Said Bush Junior: "I repeatedly submitted proposal to help address the problems. Time after time, Congress chose to block them."
Nobody has any idea what he's talking about, or even cares about how he thinks he "repeatedly submitted proposal."
Congress and the White House did agree to send everybody in America a little bit of money, and those checks will start arriving this week. Many people plan to "splurge" by spending their Economic Stimulus money on the heating bill, or a 50-lb. sack of rice, or half a tank of gas.
Bush Says Congress Blocking Progress [CNN]
Too stupid to learn how to speak Yankistani let alone English, but can make $$$ hand over fist while we move and change jobs so we can afford gasoline.
Wonkette's so lovely.
A high school student finds conservative bias in his American government textbook.
In my junior year of high school in New Jersey, my U.S. history teacher used the first week of class to preach his religious beliefs. He told students, among other things, that they "belong in hell" if they reject Jesus as their savior, that evolution and the Big Bang are ridiculous and unscientific theories, and that there were dinosaurs on Noah's Ark.
When I confronted him in the principal's office, he denied making the remarks. What he didn't realize was that I had recorded the classes. But even after I informed school officials what had happened, they ignored my concerns. So after more than a month, my parents and I took the news to the media.
At first, I was harassed and intimidated by other students. School officials ignored the harassment and even a death threat I received.
Only after the story became national news did the school district begin to take us seriously. After lengthy negotiations (and against continuing opposition from the school board), we finally persuaded the district to address the teacher's false and inappropriate remarks. The Anti-Defamation League was brought in to teach the faculty about the separation of church and state, and experts in the fields of church-state separation, evolution and cosmology came to our school to conduct assemblies.
After that, I thought I was done with controversy for a while. But now, in my senior year, I am back in the midst of it. In one of my classes, we use the 10th edition of "American Government" by James Q. Wilson, a well-known conservative academic, and John J. DiIulio, a political scientist and former head of President Bush's Office of Faith-Based and Community Initiatives. (2005). The text contains a statement, repeated three times, that students may not pray in public schools. In this edition of the text, the authors drive the point home with a photograph of students holding hands and praying outside a school. The caption reads: "The Supreme Court will not let this happen inside a public school."
I knew this was false. In fact, students are allowed to pray in schools; courts have ruled many times that a student's right to pray may not be abridged. What's generally impermissible is state-sponsored prayer, in which school officials lead prayer or students are called on or required to pray. It seemed clear to me that the purpose of the discussion in the textbook was to indoctrinate, not to educate.
Continued reading revealed numerous other instances of bias, as well as erroneous and misleading statements. For example, the section on global warming begins with a few well-chosen words to set the tone: "It is a foolish politician who today opposes environmentalism. And that creates a problem because not all environmental issues are equally deserving of support. Take the case of global warming."
The authors neglect to mention the growing scientific consensus on this subject. They dismiss those who are concerned about global warming -- that is, the overwhelming majority of scientists -- as "activists" motivated not by data but by "entrepreneurial politics." Those who deny or downplay it are described as "skeptical scientists."
Pointing out dissent within the scientific community is appropriate. Suggesting that the majority, but not the minority, is politically motivated is not appropriate. If a controversy truly exists, then the authors should not instruct students which side to "support."
I contacted a not-for-profit group called the Center for Inquiry. It enlisted support from scientists, including James Hansen, NASA's top climate scientist, and organizations, including Friends of the Earth and People for the American Way, to address concerns about the textbook.
What is most distressing is not that some public school teachers preach their religion, or that some authors put politics ahead of education. It is that it is so rare for anyone to call them on it. This text is widely used. Yet to my knowledge, no one has challenged these incorrect and misleading statements.
As Americans, we should stand up for our common values. We should champion education and settle for nothing less than the best. Our teachers should do the same and should not misuse their positions to promote their personal agendas.
Matthew LaClair is a high school student in Kearny, N.J.
Massachusetts Family Demands Answers From Town, Builder
April 23, 2008
MANCHESTER-BY-THE-SEA, Mass. -- A Massachusetts homeowner said she cannot live or sell her new $850,000 home because it may have been built on an old dump.
Julie Gesner and her family did not know about the land's history until they tried to sell the Manchester-By-The-Sea home last year and potential buyers walked away just before making an offer on the property.
"They walked away the day that they were going to put in the offer, saying, 'We heard a rumor that your house was built on the old town dump,'" Julie Gesner said. "I was horrified."
That is when the Gesners had the soil tested.
"The lead, at least, is six times the prescribed limit from the (Department of Environmental Protection) for pregnancy and children. There are other things out in the yard -- mercury and arsenic, chromium," Gesner said.
Two weeks away from having a baby, the family immediately moved out.
They began investigating the property and found a letter from November 2000 from the Board of Health to the builder, ordering him to cease and desist construction of the home. There was no follow-up.
"Do we think there was something there? I think it was probably there, but I can't prove what it was," town administrator Wayne Melville said. "So, it is a big step to shut down a project. You are going to cost people money."
Melville said he was unaware of the Board of Health letter until Tuesday. He maintains there is no hard evidence that the land was a dump or landfill.
"The town, obviously, should have let us know what was going on -- and the builder and the broker. The broker that sold us the house actually said he had heard rumors that the house was built on the dump," Gesner said.
The Department of Environmental Protection has ordered the town to explain how it will clean up the site unless it can prove it is not responsible.
melville and the builder should have to clean up that place themselves before starting their new jobs bussing tables down the local.
All firearms investigations temporarily suspended
BY ERIC D. LAWRENCE and BEN SCHMITT
FREE PRESS STAFF WRITERS
April 26, 2008
The Wayne County Prosecutor's Office plans to review a year's worth of Detroit criminal cases involving firearms amid concerns raised about the accuracy of police ballistics testing.
The case that caused the review is the May 27 shooting deaths of two men sitting in a car on Detroit's east side.
The Detroit Police Department's crime lab tests showed 42 shell casings were fired by the same weapon, while two other tests showed that the casings came from at least two weapons, Chief Ella Bully-Cummings said at a Friday news conference.
Now, Detroit attorney Marvin Barnett, who first discovered the error, said thousands of appeals could be forthcoming in criminal cases.
"This is a very serious matter," Maria Miller, a spokeswoman for Wayne County Prosecutor Kym Worthy, said Friday. "That's why Prosecutor Worthy took immediate action."
A source told the Free Press Friday that federal authorities would be called in if any evidence of criminality is turned up. At the moment, however, the problem appears to have resulted from sloppy work performed by a former employee, the source said.
Miller said the results from the office's review will be made available to every defense attorney involved.
At the news conference, Bully-Cummings announced she was suspending all firearms testing through the department's crime lab pending an audit from the Michigan State Police.
While it has not been determined which agencies will handle firearms testing for Detroit police during the suspension, State Police and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives will be assisting, said George Krappmann, a spokesman for the ATF.
Barnett said he initially asked Detroit police to retest the casings, and they refused. He then tested the equipment with his own investigator. Barnett said he has found discrepancies in three other cases involving firearms and one drug case.
The State Police crime lab's findings confirmed Barnett's tests, Miller said.
"It's devastating, because if you have one bad lab, it just spoils the whole bunch," Barnett said.
By ADAM LIPTAK
The New York Times
Published: April 23, 2008
The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners.
Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.
Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences.
The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.
China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison. (That number excludes hundreds of thousands of people held in administrative detention, most of them in China’s extrajudicial system of re-education through labor, which often singles out political activists who have not committed crimes.)
San Marino, with a population of about 30,000, is at the end of the long list of 218 countries compiled by the center. It has a single prisoner.
The United States comes in first, too, on a more meaningful list from the prison studies center, the one ranked in order of the incarceration rates. It has 751 people in prison or jail for every 100,000 in population. (If you count only adults, one in 100 Americans is locked up.)
The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every 100,000 people. The others have much lower rates. England’s rate is 151; Germany’s is 88; and Japan’s is 63.
The median among all nations is about 125, roughly a sixth of the American rate.
There is little question that the high incarceration rate here has helped drive down crime, though there is debate about how much.
Criminologists and legal experts here and abroad point to a tangle of factors to explain America’s extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a social safety net. Even democracy plays a role, as judges — many of whom are elected, another American anomaly — yield to populist demands for tough justice.
Whatever the reason, the gap between American justice and that of the rest of the world is enormous and growing.
It used to be that Europeans came to the United States to study its prison systems. They came away impressed.
“In no country is criminal justice administered with more mildness than in the United States,” Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in “Democracy in America.”
No more.
“Far from serving as a model for the world, contemporary America is viewed with horror,” James Q. Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. “Certainly there are no European governments sending delegations to learn from us about how to manage prisons.”
Prison sentences here have become “vastly harsher than in any other country to which the United States would ordinarily be compared,” Michael H. Tonry, a leading authority on crime policy, wrote in “The Handbook of Crime and Punishment.”
Indeed, said Vivien Stern, a research fellow at the prison studies center in London, the American incarceration rate has made the United States “a rogue state, a country that has made a decision not to follow what is a normal Western approach.”
The spike in American incarceration rates is quite recent. From 1925 to 1975, the rate remained stable, around 110 people in prison per 100,000 people. It shot up with the movement to get tough on crime in the late 1970s. (These numbers exclude people held in jails, as comprehensive information on prisoners held in state and local jails was not collected until relatively recently.)
The nation’s relatively high violent crime rate, partly driven by the much easier availability of guns here, helps explain the number of people in American prisons.
“The assault rate in New York and London is not that much different,” said Marc Mauer, the executive director of the Sentencing Project, a research and advocacy group. “But if you look at the murder rate, particularly with firearms, it’s much higher.”
Despite the recent decline in the murder rate in the United States, it is still about four times that of many nations in Western Europe.
But that is only a partial explanation. The United States, in fact, has relatively low rates of nonviolent crime. It has lower burglary and robbery rates than Australia, Canada and England.
People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks, Mr. Whitman wrote.
Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000.
Those figures have drawn contempt from European critics. “The U.S. pursues the war on drugs with an ignorant fanaticism,” said Ms. Stern of King’s College.
Many American prosecutors, on the other hand, say that locking up people involved in the drug trade is imperative, as it helps thwart demand for illegal drugs and drives down other kinds of crime. Attorney General Michael B. Mukasey, for instance, has fought hard to prevent the early release of people in federal prison on crack cocaine offenses, saying that many of them “are among the most serious and violent offenders.”
Still, it is the length of sentences that truly distinguishes American prison policy. Indeed, the mere number of sentences imposed here would not place the United States at the top of the incarceration lists. If lists were compiled based on annual admissions to prison per capita, several European countries would outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher.
Burglars in the United States serve an average of 16 months in prison, according to Mr. Mauer, compared with 5 months in Canada and 7 months in England.
Many specialists dismissed race as an important distinguishing factor in the American prison rate. It is true that blacks are much more likely to be imprisoned than other groups in the United States, but that is not a particularly distinctive phenomenon. Minorities in Canada, Britain and Australia are also disproportionately represented in those nation’s prisons, and the ratios are similar to or larger than those in the United States.
Some scholars have found that English-speaking nations have higher prison rates.
“Although it is not at all clear what it is about Anglo-Saxon culture that makes predominantly English-speaking countries especially punitive, they are,” Mr. Tonry wrote last year in “Crime, Punishment and Politics in Comparative Perspective.”
“It could be related to economies that are more capitalistic and political cultures that are less social democratic than those of most European countries,” Mr. Tonry wrote. “Or it could have something to do with the Protestant religions with strong Calvinist overtones that were long influential.”
The American character — self-reliant, independent, judgmental — also plays a role.
“America is a comparatively tough place, which puts a strong emphasis on individual responsibility,” Mr. Whitman of Yale wrote. “That attitude has shown up in the American criminal justice of the last 30 years.”
French-speaking countries, by contrast, have “comparatively mild penal policies,” Mr. Tonry wrote.
Of course, sentencing policies within the United States are not monolithic, and national comparisons can be misleading.
“Minnesota looks more like Sweden than like Texas,” said Mr. Mauer of the Sentencing Project. (Sweden imprisons about 80 people per 100,000 of population; Minnesota, about 300; and Texas, almost 1,000. Maine has the lowest incarceration rate in the United States, at 273; and Louisiana the highest, at 1,138.)
Whatever the reasons, there is little dispute that America’s exceptional incarceration rate has had an impact on crime.
“As one might expect, a good case can be made that fewer Americans are now being victimized” thanks to the tougher crime policies, Paul G. Cassell, an authority on sentencing and a former federal judge, wrote in The Stanford Law Review.
From 1981 to 1996, according to Justice Department statistics, the risk of punishment rose in the United States and fell in England. The crime rates predictably moved in the opposite directions, falling in the United States and rising in England.
“These figures,” Mr. Cassell wrote, “should give one pause before too quickly concluding that European sentences are appropriate.”
Other commentators were more definitive. “The simple truth is that imprisonment works,” wrote Kent Scheidegger and Michael Rushford of the Criminal Justice Legal Foundation in The Stanford Law and Policy Review. “Locking up criminals for longer periods reduces the level of crime. The benefits of doing so far offset the costs.”
There is a counterexample, however, to the north. “Rises and falls in Canada’s crime rate have closely paralleled America’s for 40 years,” Mr. Tonry wrote last year. “But its imprisonment rate has remained stable.”
Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: democracy.
Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing.
Mr. Whitman, who has studied Tocqueville’s work on American penitentiaries, was asked what accounted for America’s booming prison population.
“Unfortunately, a lot of the answer is democracy — just what Tocqueville was talking about,” he said. “We have a highly politicized criminal justice system.”
U.S. Identifies Tainted Heparin in 11 Countries
By GARDINER HARRIS
The New York Times
Published: April 22, 2008
WASHINGTON — A contaminated blood thinner from China has been found in drug supplies in 11 countries, and federal officials said Monday they had discovered a clear link between the contaminant and severe reactions now associated with 81 deaths in the United States.
a Chinese official disputed the assertion that the contaminant found in the drug, heparin, caused any deaths and insisted that his country’s inspectors be allowed to inspect the American plant where the finished heparin vials were made. He said any future agreement to allow American inspections of Chinese firms should be reciprocal.
“We don’t have a strong evidence to show that it is heparin or its contaminant that caused the problem,” said the official, Ning Chen, second secretary at the Chinese Embassy.
Mr. Chen said that illnesses associated with contaminated heparin had occurred only in the United States, which he said suggested that the problem arose in this country.
Dr. Janet Woodcock, director of the Food and Drug Administration’s drug center, said that German regulators uncovered a cluster of illnesses among dialysis patients who took contaminated heparin. She said Chinese officials had conceded that heparin produced in their country contained a contaminant, though they say it was not connected to the illnesses.
“Heparin should not be contaminated, regardless of whether or not that contamination caused acute adverse events,” Dr. Woodcock said. “We are fairly confident based on the biological information that we have had that this contaminant is capable of triggering these adverse reactions.”
The dispute is a sign of growing tensions between China and the United States over the safety of Chinese imports. China has in recent years exported poisonous toothpaste, lead-painted toys, toxic pet food, tainted fish and now, contaminated medicine.
Bills to require far more aggressive inspections of Chinese products and companies are being proposed by members of Congress. Hearings are scheduled for Tuesday in the House and Thursday in the Senate.
China has lurched between defensiveness and cooperation on issues of product safety. Last year, it initially blocked the F.D.A. from investigating tainted pet food and accused foreign forces of exaggerating the issue. Then in July, China said that it had executed its former top food and drug regulator for taking bribes and promised reforms.
The F.D.A. sent a warning letter on Monday to Changzhou SPL, the Chinese plant identified as the source of contaminated heparin made by Baxter International in the United States. It warned that the plant used unclean tanks to make heparin, that it accepted raw materials from an unacceptable vendor and that it had no adequate way to remove impurities.
Heparin is made from the mucous membranes of the intestines of slaughtered pigs that, in China, are often cooked in unregulated family workshops. The contaminant, identified as oversulfated chondroitin sulfate, a cheaper substance, slipped through the usual testing and was recognized only after more sophisticated tests were used.
The F.D.A. has identified 12 Chinese companies that have supplied contaminated heparin to 11 countries — Australia, Canada, China, Denmark, France, Germany, Italy, Japan, the Netherlands, New Zealand and the United States. Deborah Autor, director of compliance at the F.D.A.’s drug center, said the agency did not know the original source of all the contamination or the points in the supply chain at which it was added.
Officials have discovered heparin lots that included the cheap fake additive manufactured as early as early as 2006, although a spike in illnesses associated with contaminated heparin began in November and persisted through February, officials said.
Separately, the Government Accountability Office will release a report on Tuesday showing that the F.D.A. would need to spend at least $56 million more next year to begin full inspections of foreign plants. It would need to spend at least $15 million annually to inspect China’s drug plants every two years, which is the domestic standard.
Bush administration officials have acknowledged problems associated with poor inspection of overseas plants and have plans to improve the situation. But President Bush’s budget does not provide the F.D.A. with funds to hire more inspectors.
At its present inspection pace, the F.D.A. would need at least 27 years to inspect every foreign medical device plant that exports to the United States, 13 years to check every foreign drug plant and 1,900 years to examine every foreign food plant. [Emphasis mine, profound evil theirs.]
Proposals circulating on Capitol Hill would increase the agency’s financing and charge domestic and foreign manufacturers fees to pay for inspections.
“Even the Bush administration seems to understand the potential peril that these foreign firms pose, but they offer only vague plans to address the problems and they refuse to spend more than a fraction of the money needed to protect the public,” said Representative John D. Dingell, a Michigan Democrat who leads the House Committee on Energy and Commerce.
The F.D.A. has announced plans to open inspection offices in three Chinese cities, but the agency has yet to get permission from the Chinese government. Mr. Chen said any inspection agreement should be reciprocal. “Will the U.S. government accept the Chinese F.D.A. to set up in the United States?” he said.
Dr. Woodcock said the Chinese had agreed to test heparin lots before allowing them to be exported. But Dr. Moheb Nasr, director of the drug agency’s office of new drug quality assessment, said that the Chinese test might not be sensitive enough to identify the contaminant.
Dr. Woodcock assured patients, however, that all heparin supplies in the United States had been tested with the most sensitive assays and had been found to be uncontaminated.
Scientific Protein Laboratories and Changzhou SPL said the company regretted the agency’s decision to send a warning letter that, it said, did not reflect the company’s current safety practices. The company said it had no way of detecting a contaminant present in heparin supplies throughout China.
Baxter International, which bought heparin ingredients from SPL and sold the finished drug in the United States, said that its tests confirmed that the contaminant could cause illness. It disputed the F.D.A.’s analysis that its product was linked with 81 deaths, saying it had identified only 5 in which its product “may have contributed to the adverse outcome, though there is not yet enough medical data available to draw a firm conclusion that the reaction caused the death.”
Deaths linked to the drug may have been concentrated in the United States because American doctors may be more likely to use large, quickly infused amounts of the drug, said drug officials. Also, the F.D.A. may track serious side effects better than its counterparts abroad.
Saturday, April 19, 2008; 9:13 AM
SAN ANGELO, Texas -- A chaotic two-day hearing ended with dropped heads and silence when a judge ordered that the 416 children taken from a ranch run by a polygamous sect will stay in state custody for the time being.
State District Judge Barbara Walther heard 21 hours of testimony over two days before ruling Friday that the children would be kept in custody while the state continues to investigate allegations of abuse stemming from the teachings of the Fundamentalist Church of Jesus Christ of Latter Day Saints.
"This is but the beginning," Walther said.
She also ordered genetic testing to sort out family relationships that have confounded welfare authorities.
Individual hearings will be set for the children over the next
several weeks, and the judge will determine whether they are moved into
permanent foster care or can be returned to their parents. All of the
hearings must be held by June 5.
Walther ordered all 416 children and parents be given genetic tests. Child welfare officials say they've had difficulty determining how the children and adults are related because of evasive or changing answers.
A mobile genetic lab will take samples Monday at the main shelter where children are being kept; parents will be able to submit samples Tuesday in Eldorado, closer to the ranch.
The custody case is one of the largest and most convoluted in U.S. history. The ruling on Friday capped two days of marathon testimony that sometimes descended into chaos as hundreds of lawyers for the children and parents competed to defend their clients in two large rooms linked by a video feed.
Attorneys popped up with objections in a courtroom and nearby auditorium, then queued up and down the aisle to cross-examine witnesses in a mass hearing that frustrated attorneys and stretched the small-town court system.
The April 3 raid on the Yearning For Zion Ranch was prompted by a call made to a family violence shelter, purportedly by a 16-year-old girl who said her 50-year-old husband beat and raped her. That girl has never been identified.
The state argued it should be allowed to keep the children because the sect's teaching encourages girls younger than 18 to enter spiritual marriages with older men and produce as many children as possible. Its attorneys argued that the culture put all the girls at risk and potentially turned the boys into future predators.
A witness for the parents who was presented by defense lawyers as an expert on the FLDS disputed that the girls have no say [regarding] who[m] they marry.
"I believe the girls are given a real choice," said W. John Walsh.
"Girls have successfully said, 'No, this is not a good match for me,' and they remained in good standing."
But Dr. Bruce Perry, a psychiatrist who has studied children in cults, testified that the girls will not refuse marriages because they are indoctrinated to believe disobedience will lead to their damnation.
The renegade Mormon sect's belief system "is abusive. The culture is very authoritarian," he said.
Perry acknowledged that many adults at the ranch are loving parents and that the boys seemed emotionally healthy. When asked whether the belief system really endangered the older boys or young children, Perry said, "I have lost sleep over that question."
He also conceded that the children, taught from birth to believe that contact with the outside world will lead to eternal damnation, would suffer if placed in traditional foster care.
"If these children are kept in the custody of the state, there would have to be exceptional and innovative programmatic elements for these children and their families," he said. "The traditional foster care system would be destructive for these children."
CPS spokeswoman Marleigh Meisner said the department was pleased with the judge's ruling and believes that the children will now be safe.
It's not clear how quickly the children might be moved from the coliseum and fairgrounds where they are staying on cots into foster homes or other temporary housing, but they could be placed with family members if CPS determines the children will be safe, Meisner said.
Four women testified Friday, and all said they were free to make their own choices. They also said they would do whatever it took to get their children returned to them.
"We're a peaceful people," Lucille Nielson said. Life on their 1,700-acre gated ranch "is very peaceful. You can feel the peace when you are there. Very loving. We raise our children in a loving environment."
But the women also acknowledged that girls get married at ages younger than the state allows.
Some of the women bowed their heads when the judge issued her order to keep the children in state custody. They left the columned courthouse stoically, ignoring [reporter's shouted] questions.
They'll face more hearings, and some could be required to take steps to prove to Child Protective Services that they should...regain custody.
Tim Edwards, a lawyer representing four mothers, said the women would comply with the judge's orders.
"We are going to comply with the orders of the court, we're going to cooperate with CPS and their requirements and do everything within our power to turn the situation around," he said.
Texas Rangers also are investigating a Colorado woman as a "person of interest" related to calls made to a family crisis center. Police arrested Rozita Swinton, 33, on Wednesday in Colorado Springs on a misdemeanor charge of false reporting to authorities for a call she made in late February.
Authorities did not say whether a call by Swinton might be the one that triggered the raid.
But officers who searched her home found items suggesting a possible connection between Swinton and calls regarding a compound owned by FLDS in Arizona and one in Eldorado, the Texas Department of Public Safety said late Friday. The items weren't identified.
"The information, evidence and a statement obtained from Swinton by the Texas Rangers while they were in Colorado will be forwarded to state and federal prosecutors for their review and determination whether Swinton will be charged with a criminal offense," the statement said.
Swinton's whereabouts were unknown, and it wasn't known whether she had an attorney. A phone number for her in Colorado Springs was disconnected.
Authorities in Colorado confirmed Swinton has a history of making false reports.
All the flds-ers' DNA looks like this.
Inbreeding among polygamists along the Arizona-Utah border is producing a caste of severely retarded and deformed children
By John Dougherty
Published on December 29, 2005
-
Peter Scanlon
Dr. Theodore Tarby says FLDS polygamists will continue producing children afflicted with severe physical and mental disorders.
-
Life Magazine
Polygamist patriarch Joseph Smith Jessop with his youngest daughter shortly before his death in September 1953.
-
Mark Folkersen
Colorado City resident Isaac Wyler says FLDS Prophet Warren Jeffs is trying to create the "perfect race."
He prepared urine samples and sent them to the University of Colorado Science Center's Dr. Steve Goodman, a professor of pediatrics who runs a laboratory that detects rare genetic diseases.
Goodman soon made a startling discovery: Tarby's young patient was afflicted with an extremely rare disease called fumarase deficiency.
"I had never seen a patient with it," Tarby says. "Right away I asked the parents if there were any other children with the same problem."
The parents said their daughter had cerebral palsy. Tarby asked them to bring the girl to him for an examination.
"As soon as I saw her, I knew she had the same thing as her brother," Tarby says.
The fact that fumarase deficiency had shown up in one child was startling enough -- there had only been a handful of cases reported worldwide. But now that it was appearing in two children in the same family was an indication it was being spread by a gene that was getting passed to the children by their parents.
Tarby and a team of doctors from Barrow Neurological Institute at St. Joseph's Hospital in Phoenix and the University of Arizona College of Medicine in Tucson began researching the disease and soon discovered that fumarase deficiency was occurring in at least two other families living in the same isolated community that practiced an unusual custom.
Nearly everyone in Colorado City, Arizona, and the adjacent town of Hildale, Utah, was a member of a fundamentalist Mormon sect that practices polygamy and had long encouraged multiple marriages between close relatives.
By the late 1990s, Tarby and his team had discovered fumarase deficiency was occurring in the greatest concentration in the world among the fundamentalist Mormon polygamists of northern Arizona and southern Utah.
Of even greater concern was the fact that the recessive gene that triggers the disease was rapidly spreading to thousands of individuals living in the community because of decades of inbreeding.
Fast-forward to the present: About half of the 8,000 people living in the towns are blood relatives of two of the founding families that settled in the 1930s on the desolate high desert plateau against the base of the Vermillion Cliffs.
Religious leaders control all marriages in the community, and many of these relatives have married or likely will marry in the future. Some of these marriages will include parents who both are carriers of the fumarase deficiency gene, making it certain that more children will be afflicted with the disease.
"We have and will have a continual output of children with this condition," Tarby says.
In this isolated religious society north of the Grand Canyon, few secrets have been more closely guarded than the presence of fumarase deficiency. Fundamentalist Church of Jesus Christ of Latter-day Saints elders, who control the community, have labored to keep the public from finding out why the disorder is manifesting. Many members of the fundamentalist community don't even know it's occurring.
The state of Arizona is contributing to the secrecy. The state Department of Health Services and the Department of Economic Security have been quietly providing services to assist the children and families of fumarase victims for more than 15 years. Both DHS and DES officials refused repeated requests from New Times to document the type and cost of services the state is providing to treat fumarase deficiency. The agencies claim that federal health laws prohibit them from releasing records or allowing their authorities to comment on the situation.
Doctors and family members interviewed by New Times say up to 20 children from families in the polygamist community are currently afflicted with the condition that requires full-time attention from caregivers. Victims suffer a range of symptoms, including severe epileptic seizures, inability to walk or even sit upright, severe speech impediments, failure to grow at a normal rate, and tragic physical deformities.
"They are in terrible shape," says Dr. Kirk A. Aleck, director of the Pediatric Neurogenetics Center at St. Joseph's Hospital. Aleck is a geneticist who participated along with Tarby and others in the groundbreaking study of several polygamous families with fumarase deficiency in the late 1990s.
There is no cure for the disease, which impedes the body's ability to process food at the cellular level.
"We can only treat the complications of the disorder," Aleck says. Once a baby is born with the condition, Aleck says, "You really can't treat the underlying disorder."
There is one documented case of a child dying from the malady since medical experts began studying it, but it is unknown how many others could have died in the fundamentalist community before the condition was diagnosed.
Before the plethora of fumarase deficiency cases was discovered in Colorado City and Hildale, many victims among the handful of cases documented worldwide died in the first several years of life.
"If you look in the literature, you won't find another dozen cases in the world that have been reported," says Tarby.
Experts say the number of children afflicted in the FLDS community is expected to steadily increase as a result of decades of inbreeding between two of the polygamous sect's founding families -- the Barlows and the Jessops.
"If you cross a Barlow and Jessop, you stand a high risk of getting this condition," Tarby says.
The genetic defect has been traced back to one of the community's founding patriarchs, the late Joseph Smith Jessop, and the first of his plural wives, according to medical literature, the Mormon Church genealogy database and residents of the community familiar with Jessop and Barlow family histories.
Joseph Smith Jessop and his first wife, Martha Moore Yeates, had 14 children. One of their daughters married another of the community's founding patriarchs and religious leaders, John Yeates Barlow. By the time Joseph Smith Jessop died in September 1953, he already had 112 grandchildren, the majority of them directly descended from him and Yeates.
Fifty-two years later, more than half of the 8,000 people now living in Colorado City and Hildale are blood descendants of the Barlows and the Jessops, says Benjamin Bistline, a lifelong resident of the area who has published a book, Colorado City Polygamists, on the history of the fundamentalist community.
An unknown number -- but believed to be in the thousands -- of Barlow/Jessop descendants carry the recessive gene that causes fumarase deficiency. If both parents carry the gene, the likelihood that their offspring will be affected by the disease or become carriers of the gene greatly increases, medical experts say.
"It's like any inbred disorder," Tarby says. "If the community gets larger, the number of people with fumarase deficiency gets larger."
Aleck says the fact that so many people in the polygamist enclave are blood relatives of the founding Barlow and Jessop families "shows the magnitude of the problem."
The disease is not widely known about even in Colorado City, a place where even normally public events such as marriages are conducted in secret. But residents who are aware of fumarase deficiency fear that the number of children afflicted with the disease will indeed increase.
"This problem is going to get worse and worse and worse," predicts 40-year-old Isaac Wyler, another lifelong Colorado City resident who was excommunicated from the FLDS in January 2004. Wyler's ex-wife's sister has had two babies afflicted with fumarase deficiency. "Right now, we are just looking at the tip of the iceberg."
For more than 70 years, all marriages in the isolated towns have been arranged by the leader of the FLDS, a breakaway sect of the Salt Lake City-based Mormon Church.
Marriages among first and second cousins have been common for decades in the community, where religious doctrine requires men to have at least three wives to gain eternal salvation. Only the FLDS prophet can arrange and perform polygamous marriages, and those marriages are taking place in a community in which almost everybody is related.
The current FLDS prophet is 50-year-old Warren Jeffs, who has not been seen publicly since August 2003. Last June, Jeffs was charged with seven felonies by Mohave County, Arizona, in connection with his performance of "spiritual" marriages of three underage girls to already married men. He was placed on the FBI's most wanted list last August. Eight other Colorado City polygamists have been indicted by a Mohave County grand jury for having unlawful sex with underage girls who were their plural wives.
The indictments have come amid a three-year investigation by New Times of the FLDS community. That probe has uncovered widespread sexual abuse of young girls forced into polygamous marriages that, until recently, was downplayed by Arizona political leaders and law enforcement.
The state not only ignored the crimes for decades, it helped facilitate them by allowing the FLDS polygamists to set up a town government, a public school district and a police department that have received tens of millions of dollars in taxpayer funds despite the fact that polygamy violates Arizona's Constitution. The FLDS has had an iron grip on the local governments, because it has been impossible to get elected or hired to a taxpayer-funded post without the church's blessing.
The fundamentalist community has also benefited immensely from state health-care services for the poor and indigent by receiving more than $12 million a year in state assistance in Arizona to pay for health-insurance premiums.
It turns out that taxpayers also have been footing the bill for the fumarase deficiency children born to polygamists who insist that plural marriage involving close relatives is their divine right.
There is no doubt in the mind of any expert interviewed by New Times that the practice of polygamy combined with inbreeding has fostered the spread of fumarase deficiency.
"Polygamy leads to sexual predation, and that leads to genetic problems," says Rehabilitative Services' Tarby. "If you stop the sexual predation, you stop the genetic problem as well. But [FLDS members] don't think of it as sexual predation. That's the big problem."
"This man has left nothing of his worldly worth, but he has left far more than most people of God's work. There isn't another man in the U.S. that can boast this man's posterity," Life magazine quoted Virgil Jessop as eulogizing at the September 1953 funeral of his 84-year-old father, Joseph Smith Jessop.
Five decades later, it appears that Joseph Smith Jessop and his first wife also passed on the rare genetic disorder fumarase deficiency.
The stage was set for the appearance of the rare disease when their 12th child, Martha Jessop, married her second cousin, John Yeates Barlow, in 1923, according to LDS genealogy data and Colorado City historian Ben Bistline.
Like his father-in-law, John Y. Barlow became one of the towering patriarchs of the fundamentalist Mormon community and served as FLDS prophet from 1935 until his death in 1949.
The Barlow-Jessop marriage brought forth some of the major political and religious leaders of the community, including former Colorado City mayor Dan Barlow, police officer Sam Barlow, public school superintendent Alvin Barlow, teacher Louis Barlow, and civic leader Truman Barlow. All of these men have or had multiple wives and scores of children.
Fumarase deficiency began to manifest in the community when three sets of Joseph Smith Jessop and Martha Moore Yeates' great-grandchildren married each other. The three marriages between second cousins have produced at least eight children afflicted with fumarase deficiency, according to a report in the May 2000 Annals of Neurology (based on the study conducted by the group led by Tarby and Aleck), interviews with doctors treating the disease and anecdotal evidence gathered from the community.
The children afflicted with fumarase deficiency from these three marriages include the grandchildren of Dan Barlow and his brother, the late Louis Barlow, and Merill Jessop, a top aide to fugitive prophet Warren Jeffs. It is Merill Jessop who is overseeing construction of a massive FLDS temple in Eldorado, Texas, where many believe Prophet Jeffs plans to move his faithful eventually.
Dan Barlow, who has been excommunicated from the FLDS, and Merill Jessop could not be reached for comment. But Isaac Wyler, a former FLDS member who was excommunicated from the church last year, says he has firsthand knowledge of multiple fumarase deficiency children in each of the three families.
"I know this off the top of my head," Wyler says. "I know these people personally."
Medical experts say the incidence of the disorder will increase because the FLDS community is refusing to accept recommendations to reduce the likelihood of producing babies with fumarase deficiency. Tarby says he discussed the disease and its causes during a town meeting on November 18, 2004, that was attended by more than 100 FLDS members.
Tarby says he explained to the gathering at Town Hall in Colorado City that the only way to stop fumarase deficiency in the community is to abort fetuses that test positive for the disease and for the community to stop intermarriages between Barlows and Jessops, Barlows and Barlows and Jessops and Jessops.
Tarby says members of the community made it clear that neither choice was acceptable. Tarby recounts a conversation he had with a member of the Barlow clan in which he tried to explain why so much fumarase deficiency was occurring among Mormon polygamists.
"I said, 'You're married to somebody you're related to. That leads to problems.'
"The man's response was, 'Up here, we are all related,'" Tarby says. "They just don't worry about the effects of intermarriage."
Tarby says the disease could begin to show up in children at Warren Jeffs' new FLDS headquarters under construction on a 1,600-acre ranch outside of Eldorado. The FLDS already has moved several hundred men, women and children to the compound, many of whom very likely carry the fumarase deficiency gene.
The only long-term solution to the health crisis is for Barlows and Jessops to have children with spouses from outside the polygamist community.
"They have to outbreed," Aleck says.
But this is a very unlikely scenario for FLDS faithful, who practice a religious doctrine that requires men to be strictly obedient to religious leaders and requires women to give birth to as many children as possible to increase the sect's numbers.
"Who [from outside the fundamentalist Mormon religion] would want to go in there and join their population?" Aleck asks. "It's probably hard to recruit into that environment."
Indeed, even if an outsider wanted to join the FLDS community, such a person would not be welcome.
"They are discouraging any new blood," historian Bistline says. "They've got this idea that their blood is pure and that they want to keep it pure."
With no other options available, more FLDS families will be faced with the difficult burden of caring for children suffering with fumarase deficiency. Rather than take steps to avoid the problem, the FLDS loyalists may believe it is their duty to accept their fate.
"They think it is a test from God," says Wyler, who was born and raised in the FLDS before he was booted out.
And a terrible test it is.
Fumarase deficiency is caused by a lack of the fumarase enzyme, an essential component in a biological process called the Krebs cycle, which converts food into energy within each cell. Not enough of the fumarase enzyme can lead to severe mental retardation and physical deformities.
"The kids that I have seen have terrible seizure disorders and developmental delays," says Dr. Aleck. "They are functioning way below their chronological age."
Yet, Aleck says, some children are more seriously affected by the disorder than others. "Some are very debilitated and some aren't," he says.
Some fumarase deficiency children, he says, develop a small degree of motor skills over time: "They don't remain infantile their entire life. They do develop to some degree, but it's way behind their peers."
Dr. Tarby, who routinely treats fumarase deficiency children at a state-funded clinic in Flagstaff, says, "They are funny-looking kids [with] biggish heads and coarse, thick features."
Their brains, he says, "are strangely shaped" and are frequently missing large areas of brain matter that has been replaced by water. An MRI of the brain of one fumarase deficiency child showed that more than half the brain was missing.
Tarby says most of the children "can say at least a word or two," but that all of them "have severe mental retardation" with IQs of less than 25.
Some of the kids can walk, but others have a difficult time even sitting. The children who can't walk, the medical experts say, have most likely suffered strokes during severe seizures.
Despite the secrecy in the community over fumarase deficiency children, Wyler says he has observed his ex-wife's sister's children and others on several occasions.
"People don't like to talk about their fumarase babies for obvious reasons," Wyler says. "I don't know how many who die within the first two or three years that we don't even ever know about."
Wyler says he has seen some fumarase deficiency children who can walk, but others can barely move and spend their entire lives prone.
Children of the latter variety, he says, "can't crawl. They can't sit up. They are lucky if they can even move their head and eyes a little bit."
All of the fumarase deficiency children Wyler has seen remain dependent on the parents or caregivers.
"They are totally helpless," he says.
Frequent and powerful seizures are among the most disturbing characteristics of the disease. Wyler says he once saw a fumarase deficiency child suffer a seizure while she was sitting with her mother and two other children also suffering from the disorder.
"All of a sudden [with] this one little baby, everything tightened up and she arched her back so hard her head was almost touching her toes," Wyler says.
"The mother," he says, "was just sitting there rubbing her hands on [the child's] back trying to get her to relax."
Families with fumarase children receive in-home help from the Division of Developmental Disabilities, a unit of the state Department of Economic Security. Much of the state care is simply helping parents with hygiene, feeding and mobility of the child.
"One lady I know, she just cannot physically pick [her son] up anymore to get him into the bathtub," Wyler says. "A lady comes in and helps her. And it takes two of them to get him into the bathtub just to wash him down and clean him up."
One advantage of polygamous families, Wyler says, is that the mother of a fumarase child will likely have other women in the household to lend a hand.
"A sister wife would be a godsend just to be able to help out," he says. "Not only to help physically, but to be somebody to talk to."
Arizona used to send doctors from Children's Rehabilitative Services, which is a division of the state health department, to Colorado City on a regular basis to examine fumarase deficiency children.
But doctors stopped going to Colorado City after the state and press stepped up scrutiny of the community in 2004. Doctors feared that the media would photograph fumarase deficiency children as they were entering a medical clinic in Colorado City.
"We had no desire to encounter ABC News at the clinic entrance," Tarby says.
The doctors only agreed to talk to New Times after Tarby was approached with a copy of the fumarase deficiency study.
Families now must drive fumarase children to Flagstaff for regular evaluations. Despite the frustrations doctors have with dealing with a community that refuses their recommendations on how to prevent the condition in the future, there is no question that treatment will continue.
"We do not deny medical care to people because of religious beliefs," Tarby says.
In fact, the state's willingness to provide medical assistance to afflicted children may be allowing Utah families to receive treatment paid for by Arizona taxpayers. "I don't know if all the patients I treat are technically eligible for my services [because they may live out of state]," Tarby says.
Researchers have identified a gene on the first chromosome that causes fumarase deficiency, but no test has been developed that could be used to identify individuals carrying the malady. If such a test were developed, a community-wide screening program could be instituted that would identify those carrying the fumarase gene.
Dr. Vinodh Narayanan, a pediatric neurologist at St. Joseph's Hospital, says he is seeking funding to develop a test that would allow public health officials to collect voluntary blood samples from as many FLDS members as possible. The samples could be tested for the gene at the Translational Genomics Research Institute in Phoenix.
He estimates the test would cost about $50 per sample and would provide crucial information to community members of who is carrying the recessive gene that causes fumarase deficiency.
Until the test is available, Tarby says, the best prevention measure remains refraining from crossing Barlows, Jessops and their relations -- who make up half the population of the polygamist enclave.
It's unlikely the polygamous community will heed the doctor's advice.
Even the few highly educated people there, including a medical doctor who practices at the Hildale Health Center, refuse to accept advice from any outsider, including doctors such as Tarby, who has treated their children for years.
"They don't believe anything written about Colorado City [by outsiders, even medical experts] carries much truth," Tarby says.
For Colorado City and Hildale to avoid more fumarase, polygamist leaders must use their authority to make sure that those potentially carrying the fumarase gene are not allowed to marry, says geneticist Aleck.
The leaders must also understand the ethical considerations of continuing behavior, he says, that is bringing children into the world who suffer tragic deformities.
"They have the authoritarian structure necessary to keep this from happening, but I don't think they have the advanced thinking," Aleck says.
"I try in my own, quiet way and tell them to outbreed. But that's like spitting in the ocean."
The ultimate decision on marriages rests with FLDS Prophet Warren Jeffs. And Jeffs so far has shown no indication that he is concerned about the increasing prevalence of fumarase deficiency children in the community, former FLDS member Isaac Wyler says.
Even if a genetic screening test were available, Wyler says, Jeffs would have to be cautious about how he allowed it to be implemented. If the FLDS faithful believed that Jeffs was relying on science to determine marriages rather than divine revelation from God, he could lose control of the church.
"Warren has to be really careful that he doesn't lose his position as a god to these people," Wyler says.
FLDS marriages, Wyler and other community experts say, are an extension of a breeding program that began with Mormon Church founder Joseph Smith in the 1830s. The early Mormon Church practiced polygamy until 1890, when leaders abandoned the practice as a condition for Utah to gain statehood. The FLDS was formed by Mormons who refused to give up polygamy.
Warren Jeffs, like Joseph Smith before him, has emphasized the importance of obedience among members of the church. Jeffs is following a long-established practice -- started by Smith 170 years ago -- of excommunicating those who do not strictly adhere to church leaders' commands.
"The 'gene' that Warren is really selecting for," Wyler says, "is the 'obedience gene.'
"Joseph Smith was also selecting for the 'obedience gene.' He was kicking people out, too, who weren't obedient.
"I hate to talk like this about my own genealogy," Wyler says, "but, literally, they are keeping all the breeding stock -- the women, the [strictly faithful] men -- and weeding out the disobedient men."
The ultimate goal of the breeding program, Wyler says, is to create the perfect race.
"Remember how Hitler was trying to breed a perfect race?" he says. "Warren Jeffs is also trying to breed a perfect race."
The widespread presence of the fumarase deficiency gene in the bloodlines of the founding families of Colorado City is going to make reaching any such goal extremely difficult.
The few dissenters in the community say the serious genetic problems that are beginning to surface are an indication that the closed FLDS society could eventually collapse.
"Maybe it will just self-destruct," historian Bistline says of the fundamentalist church he quit 20 years ago because of a dispute over religious doctrine and property ownership. "In the meantime, the taxpayers have to pay the bills."
Phoenix New Times, Arizona
Reporting by Mohamed Sudam; writing by Inal Ersan
Tue Apr 15, 2008
SANAA (Reuters) - A Yemeni court ordered the marriage of an eight-year-old girl terminated on Tuesday because she had not reached puberty.
The court also ordered the child's family to pay about $250 in compensation to the 30-year-old ex-husband.
The girl's lawyer and human rights activist Shatha Nasser said the minor had filed a suit in April asking for divorce and told the court that her husband had been physically abusing her and forcing her to have "sex with him after hitting her."
One of the people attending the trial volunteered to pay the compensation, the lawyer said, but did not explain the reason why the court ordered the compensation.
The ruling terminated the marriage instead of granting a divorce to prevent the husband from seeking to reinstate the marriage, according to the lawyer.
Many minor girls in Arab countries that observe tribal traditions are married to older husbands but not before puberty. Such marriages are also driven by poverty in countries like Yemen, one of the poorest countries outside Africa.