JAKARTA, Indonesia (AP) -- Three militants awaiting execution for the 2002 Bali bombings plan to challenge the legality of death by firing squad, but it was unclear if the move would lead to a last-minute stay, their lawyer said Tuesday.
Imam Samudra, one of three militants sentenced to death over the 2002 Bali nightclub bombings.
Imam Samudra, one of three militants sentenced to death over the 2002 Bali nightclub bombings.
Mahendradatta, who goes by a single name, said he would file a petition next week at the Constitutional Court arguing that convicts who go before a firing squad sometimes do not die immediately, causing unnecessary suffering.
"We're seeking an execution without pain," said the lawyer, who in the past has argued that his clients would prefer to be beheaded, which they say is more in line with Islamic teachings.
Ali Ghufron, Imam Samudra and Amrozi Nurhasyim were convicted in 2003 of planning and helping to carry out the Oct. 12 suicide bombings targeting two packed nightclubs on Bali island, killing 202 people, mostly foreign tourists.
The three, who have admitted taking part in the attacks, already have exhausted the appeals process.
Attorney General spokesman Bonaventura Daulat Nainggolan declined to say whether the petition would result in an automatic last-minute stay in their executions, which authorities have said would likely be carried out before September.
Mahendradatta acknowledged the executions could well go ahead even if the case was lodged at the Constitutional Court, but said it would be "murder" if they did.
The Bali attacks were carried out by members and associates of Jemaah Islamiyah, a local network of mostly Afghan trained militants, with al-Qaida providing money and some expertise, police and former militants have said.
Islamic militants have carried out three other major attacks on Western targets in Indonesia since then, the last in 2005, also on Bali, when three suicide bombers killed 21 people in restaurant attacks.
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WHAT ABOUT THE UNNECESSARY SUFFERING OF THE VICTIMS IN THE BOMBING THAT DID NOT DIE IMMEDIATELY? CRY ME A RIVER.
Tuesday, July 29, 2008
Apologize for slavery? WTF?!
WASHINGTON (CNN) -- The House of Representatives was poised Tuesday to pass a resolution apologizing to African-Americans for slavery and the era of Jim Crow.
The nonbinding resolution, which is expected to pass, was introduced by Rep. Steve Cohen, a white lawmaker who represents a majority black district in Memphis, Tennessee.
While many states have apologized for slavery, it will be first time a branch of the federal government will apologize for slavery if the resolution passes, an aide to Cohen said.
By passing the resolution, the House would also acknowledge the "injustice, cruelty, brutality and inhumanity of slavery and Jim Crow," the period after slavery was abolished in which African-Americans were denied the right to vote and other civil liberties. The resolution states that "the vestiges of Jim Crow continue to this day."
"African-Americans continue to suffer from the consequences of slavery and Jim Crow -- long after both systems were formally abolished -- through enormous damage and loss, both tangible and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity," the resolution states.
The House would also commit itself to stopping "the occurrence of human rights violations in the future," if it passes the resolution.
The resolution does not address the controversial issue of reparations. Some members of the African-American community have called on lawmakers to give cash payments or other financial benefits to descendents of slaves as compensation for the suffering caused by slavery.
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MONEY. IT ALL COMES DOWN TO MONEY. LISTEN BLACK FOLKS, STOP USING YOUR SKIN COLOR AS A CRUTCH,A ND STOP EXPECTING ME TO PAY YOU FOR WHAT SOMEONE DID TO YOUR ANCESTORS. I DIDN'T DO IT, YOU HAVEN'T SUFFERED. GET OVER IT. YOU DON'T HEAR NATIVE AMERICANS BLAMING US FOR WHAT OUR ANCESTORS DID DO YOU? AT LEAST THEY TAKE RESPONSIBILITY FOR THEMSELVES. IF YOU ARE POOR, GET A FUCKING JOB LIKE THE REST OF US POOR ASSES.
FUCKING LAZY CRY BABIES. THROW DOWN THAT CRUTCH AND DO SOMETHING FOR YOURSELF. LIKE GET A JOB.
The nonbinding resolution, which is expected to pass, was introduced by Rep. Steve Cohen, a white lawmaker who represents a majority black district in Memphis, Tennessee.
While many states have apologized for slavery, it will be first time a branch of the federal government will apologize for slavery if the resolution passes, an aide to Cohen said.
By passing the resolution, the House would also acknowledge the "injustice, cruelty, brutality and inhumanity of slavery and Jim Crow," the period after slavery was abolished in which African-Americans were denied the right to vote and other civil liberties. The resolution states that "the vestiges of Jim Crow continue to this day."
"African-Americans continue to suffer from the consequences of slavery and Jim Crow -- long after both systems were formally abolished -- through enormous damage and loss, both tangible and intangible, including the loss of human dignity and liberty, the frustration of careers and professional lives, and the long-term loss of income and opportunity," the resolution states.
The House would also commit itself to stopping "the occurrence of human rights violations in the future," if it passes the resolution.
The resolution does not address the controversial issue of reparations. Some members of the African-American community have called on lawmakers to give cash payments or other financial benefits to descendents of slaves as compensation for the suffering caused by slavery.
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MONEY. IT ALL COMES DOWN TO MONEY. LISTEN BLACK FOLKS, STOP USING YOUR SKIN COLOR AS A CRUTCH,A ND STOP EXPECTING ME TO PAY YOU FOR WHAT SOMEONE DID TO YOUR ANCESTORS. I DIDN'T DO IT, YOU HAVEN'T SUFFERED. GET OVER IT. YOU DON'T HEAR NATIVE AMERICANS BLAMING US FOR WHAT OUR ANCESTORS DID DO YOU? AT LEAST THEY TAKE RESPONSIBILITY FOR THEMSELVES. IF YOU ARE POOR, GET A FUCKING JOB LIKE THE REST OF US POOR ASSES.
FUCKING LAZY CRY BABIES. THROW DOWN THAT CRUTCH AND DO SOMETHING FOR YOURSELF. LIKE GET A JOB.
Monday, July 28, 2008
Report: Children Left Mom's Body To Rot
MIDDLEFIELD, Conn. -- A brother and sister who left their mother's corpse to rot in her ramshackle house may not be charged with a crime for keeping her death a secret for more than seven years.
While John and Diane Simmeck acknowledged they allowed Ann Simmeck's body to decompose and did nothing about it, the state law that makes failing to report a death a crime does not require private citizens to contact officials when a relative is discovered dead.
The statute only applies when a body has been officially reported dead.
"I'm not aware of any crime that would clearly apply to their conduct," Todd Fernow, a professor at the University of Connecticut School of Law.
"There really isn't anything that requires a regular citizen to report a death or dispose of a dead body in accordance with a procedure," Fernow told The Hartford Courant, in an article published Sunday.
A 100-page state police case file, recently released to the newspaper, details how the brother and sister made biannual trips to their mother's Middlefield home, stepping over her mummified remains on the floor.
Police believe Ann Simmeck died in late 1999 or early 2000. They discovered her body in June 2007 after an estranged son, Michael Simmeck, had grown worried about his mother's well-being. She was probably 72 when she died of natural causes.
Her remains were so badly decomposed that she was identified by comparing her DNA to Michael Simmeck's DNA.
After spending six months investigating the elderly woman's death, investigators applied for warrants charging John and Diane Simmeck with failing to report a death and improper disposal of a body. But Superior Court Judge Patrick J. Clifford refused to sign them because he did not feel their actions "fit within the parameters of the crimes," according to state police reports.
"It's an odd set of facts," Fernow said. "I don't see the legislature doing a lot to create a statute for something like this because people don't expect this to happen every day."
John Simmeck Jr., in interviews with state police, said he didn't report his mother's death because "he was scared and in trouble with the law in both New Hampshire and Connecticut," according to police documents.
He is facing an identity theft charge in connection with his alleged use of his father's identity in 2003 to set up a cell phone account.
To protect the secret of his mother's death, Simmeck continued for years to pay property taxes on the house and the electric bill because the freezer was stuffed with food. Water was cut off to the house.
His sister, Diane Simmeck, could not provide police with a reasonable explanation for her actions.
___________________________________________________________
I JUST DON'T KNOW WHAT TO SAY HERE. THIS IS DISGUSTING AND SHOULD BE A CRIME.
While John and Diane Simmeck acknowledged they allowed Ann Simmeck's body to decompose and did nothing about it, the state law that makes failing to report a death a crime does not require private citizens to contact officials when a relative is discovered dead.
The statute only applies when a body has been officially reported dead.
"I'm not aware of any crime that would clearly apply to their conduct," Todd Fernow, a professor at the University of Connecticut School of Law.
"There really isn't anything that requires a regular citizen to report a death or dispose of a dead body in accordance with a procedure," Fernow told The Hartford Courant, in an article published Sunday.
A 100-page state police case file, recently released to the newspaper, details how the brother and sister made biannual trips to their mother's Middlefield home, stepping over her mummified remains on the floor.
Police believe Ann Simmeck died in late 1999 or early 2000. They discovered her body in June 2007 after an estranged son, Michael Simmeck, had grown worried about his mother's well-being. She was probably 72 when she died of natural causes.
Her remains were so badly decomposed that she was identified by comparing her DNA to Michael Simmeck's DNA.
After spending six months investigating the elderly woman's death, investigators applied for warrants charging John and Diane Simmeck with failing to report a death and improper disposal of a body. But Superior Court Judge Patrick J. Clifford refused to sign them because he did not feel their actions "fit within the parameters of the crimes," according to state police reports.
"It's an odd set of facts," Fernow said. "I don't see the legislature doing a lot to create a statute for something like this because people don't expect this to happen every day."
John Simmeck Jr., in interviews with state police, said he didn't report his mother's death because "he was scared and in trouble with the law in both New Hampshire and Connecticut," according to police documents.
He is facing an identity theft charge in connection with his alleged use of his father's identity in 2003 to set up a cell phone account.
To protect the secret of his mother's death, Simmeck continued for years to pay property taxes on the house and the electric bill because the freezer was stuffed with food. Water was cut off to the house.
His sister, Diane Simmeck, could not provide police with a reasonable explanation for her actions.
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I JUST DON'T KNOW WHAT TO SAY HERE. THIS IS DISGUSTING AND SHOULD BE A CRIME.
Iowa asks: Is stripping an art?
DES MOINES, Iowa (AP) -- Iowa doesn't have any all-nude strip clubs -- but it does have performing arts centers where women dance naked.
A loophole in Iowa's public indecent exposure law allows nude dancing at "art centers."
A loophole in Iowa's public indecent exposure law allows nude dancing at "art centers."
However, the loophole in the state's public indecent exposure law that allows nude dancing at "art centers" is under attack in the small community of Hamburg, a town of 1,200 just across the Missouri River from Nebraska.
The case pending before a Fremont County judge effects only one business in Hamburg, but if he agrees with the prosecutor, it could eventually threaten the legal standing of nude dancing clubs across the state.
District Judge Timothy O'Grady heard arguments in a one-day trial on July 17 and took the case under advisement.
It all began on July 21, 2007, when a 17-year-old niece of Sheriff Steven MacDonald climbed up on stage at Shotgun Geniez in Hamburg and stripped off her clothing. Owner Clarence Judy was charged with violating Iowa's public indecent exposure law.
Judy responded that the law doesn't apply to a "theater, concert hall, art center, museum, or similar establishments" devoted to the arts or theatrical performances.
"Dance has been considered one of the arts, as is sculpture, painting and anything else like that. What Clarence has is a club where people can come and perform," said his lawyer, Michael Murphy.
Murphy noted that the club has a gallery selling collectible posters and other art, and it provides patrons with sketch pads.
Nonsense, said Fremont County Attorney Margaret Johnson, an underage girl danced naked at the club, and that's illegal.
"Are you saying that minors can't be protected? Can a group of 12-year-olds come down and go in and dance nude and it's OK? I don't think that's what the Legislature had in mind when it made those additional provisions," Johnson said.
Johnson said the intent of the law is to allow movies in a theater where there's brief nudity or for an art gallery displaying paintings of nudes.
Murphy said Judy bans anyone under 18 from entering the five-year-old business. The problem, he said, was "a group of girls snuck in a 17-year-old."
"While she was there, she felt like dancing so she got up and danced on the stage and then she took her clothes off. Trouble with that is she's the sheriff's niece," he said.
Johnson denied that the teen's relation to the sheriff was connected to the charges filed against Judy.
"Her parents were absolutely appalled with the situation," Johnson said.
The sheriff declined to comment. There was no comment from his niece, whose name wasn't given.
As part of his defense during trial, Murphy cited a 1998 ruling that found nude dancing is a form of art. In that case, the owner of the Southern Comfort Free Threatre for the Performing Arts in Davenport was charged under the public indecent exposure law for allowing nude dancing. A judge found owner not guilty.
The current case deals only with Judy and Shotgun Geniez, but there could be an appeal if either side loses.
Johnson said that would take it to the Iowa Court of Appeals and perhaps the Iowa Supreme Court. That would make it a statewide case that could affect dozens of other clubs in the state.
______________________________________________________________________
MAIN POINT HERE: "Her parents were absolutely appalled with the situation," Johnson said. AS THEY SHOULD BE: WITH THIER DAUGHTER, WHO SNUCK INTO AN 18 & OVER ESTABLISHMENT, AND TOOK OFF HER CLOTHES IN PUBLIC. THE FACT THAT SHE IS UNDERAGE IS NOT THE OWNERS PROBLEM. IT IS HER AND HER PARENTS PROBLEM. CHARGE HER FOR PUBLIC NUDITY,SNEAKING INTO A PLACE SHE HAD NO BUSINESS BEING IN, AND GET OVER IT. DANCING IS ART. BARE BODIES IS ART. HELL, WE ALL HAVE EITHER TITS, PUSSIES OR DICKS. DEAL WITH IT.
A loophole in Iowa's public indecent exposure law allows nude dancing at "art centers."
A loophole in Iowa's public indecent exposure law allows nude dancing at "art centers."
However, the loophole in the state's public indecent exposure law that allows nude dancing at "art centers" is under attack in the small community of Hamburg, a town of 1,200 just across the Missouri River from Nebraska.
The case pending before a Fremont County judge effects only one business in Hamburg, but if he agrees with the prosecutor, it could eventually threaten the legal standing of nude dancing clubs across the state.
District Judge Timothy O'Grady heard arguments in a one-day trial on July 17 and took the case under advisement.
It all began on July 21, 2007, when a 17-year-old niece of Sheriff Steven MacDonald climbed up on stage at Shotgun Geniez in Hamburg and stripped off her clothing. Owner Clarence Judy was charged with violating Iowa's public indecent exposure law.
Judy responded that the law doesn't apply to a "theater, concert hall, art center, museum, or similar establishments" devoted to the arts or theatrical performances.
"Dance has been considered one of the arts, as is sculpture, painting and anything else like that. What Clarence has is a club where people can come and perform," said his lawyer, Michael Murphy.
Murphy noted that the club has a gallery selling collectible posters and other art, and it provides patrons with sketch pads.
Nonsense, said Fremont County Attorney Margaret Johnson, an underage girl danced naked at the club, and that's illegal.
"Are you saying that minors can't be protected? Can a group of 12-year-olds come down and go in and dance nude and it's OK? I don't think that's what the Legislature had in mind when it made those additional provisions," Johnson said.
Johnson said the intent of the law is to allow movies in a theater where there's brief nudity or for an art gallery displaying paintings of nudes.
Murphy said Judy bans anyone under 18 from entering the five-year-old business. The problem, he said, was "a group of girls snuck in a 17-year-old."
"While she was there, she felt like dancing so she got up and danced on the stage and then she took her clothes off. Trouble with that is she's the sheriff's niece," he said.
Johnson denied that the teen's relation to the sheriff was connected to the charges filed against Judy.
"Her parents were absolutely appalled with the situation," Johnson said.
The sheriff declined to comment. There was no comment from his niece, whose name wasn't given.
As part of his defense during trial, Murphy cited a 1998 ruling that found nude dancing is a form of art. In that case, the owner of the Southern Comfort Free Threatre for the Performing Arts in Davenport was charged under the public indecent exposure law for allowing nude dancing. A judge found owner not guilty.
The current case deals only with Judy and Shotgun Geniez, but there could be an appeal if either side loses.
Johnson said that would take it to the Iowa Court of Appeals and perhaps the Iowa Supreme Court. That would make it a statewide case that could affect dozens of other clubs in the state.
______________________________________________________________________
MAIN POINT HERE: "Her parents were absolutely appalled with the situation," Johnson said. AS THEY SHOULD BE: WITH THIER DAUGHTER, WHO SNUCK INTO AN 18 & OVER ESTABLISHMENT, AND TOOK OFF HER CLOTHES IN PUBLIC. THE FACT THAT SHE IS UNDERAGE IS NOT THE OWNERS PROBLEM. IT IS HER AND HER PARENTS PROBLEM. CHARGE HER FOR PUBLIC NUDITY,SNEAKING INTO A PLACE SHE HAD NO BUSINESS BEING IN, AND GET OVER IT. DANCING IS ART. BARE BODIES IS ART. HELL, WE ALL HAVE EITHER TITS, PUSSIES OR DICKS. DEAL WITH IT.
Friday, July 25, 2008
Rapids: Family's Weight A Factor In Accident
FAMILY ATTORNEY: RAPIDS RESPONSIBLE FOR POLICING PEOPLE'S WEIGHT
Less than 24 hours after an emergency in the water, the Rapids Water Park in Riviera Beach re-opened for business as usual. Park-goers swarming the slides, enjoying the sun, perhaps not knowing what happened on the Black Thunder yesterday.
An entire family of four, the Lenghan's visiting from New York, rushed to the emergency room after their raft flipped over. Their injuries severe enough that they are still hospitalized dealing with a myriad of bumps, bruises, and cuts. Marc Gottlieb, the Lenghan's attorney said: "The hospital is treating them like they had severe head trauma."
The Rapids went on the defensive Thursday with spokeswoman Tina Hatcher saying: "weight was a factor in the accident that took place." The water park says signs like this one clearly spell out that the weight on the rafts, which can carry up to 4 people, cannot exceed 700 pounds. Hatcher claims ride operators question people if they seem too heavy, but then she said this: "It's the same thing when you go to Disney. They're not going to ask you if your pregnant, do you have seizures or medical conditions? That's why every attraction at every park has signs up at their rides for the rider to read."
The family's attorney, however, told us by phone it's the park's responsibility to police their rules. "When you go to a park like this you are not thinking what your personal responsibility and personal liability is," said attorney Marc Gottlieb. An attorney, not involved in the case, put it this way: "If the ride operator is aware of the fact that participants are not following the rules , it certainly would seem they have some responsibility," said David Sales with Searcy, Denney, Scarola, Barnhart, & Shipley.
We checked in with the state and they say there is no administrative code that deals specifically with enforcement on water slides.
But the Bureau of Fair & Ride Inspections is fully investigating this accident. They plan to look into what the water slides manufacturer recommends for proper protocol.
_______________________________________________________________
THE FAMILY WANTS TO SUE BECAUSE THE RIDE OPERATOR DIDN'T ASK THEM HOW MUCH THEY WEIGH? WHEN THERE ARE SIGNS THAT CLEARLY STATE THE WEIGHT LIMIT? GET REAL. THESE FAT FOLKS WOULD SUE EVEN IF THE RIDE OPERATOR HAD ASKED THEIR WEIGHT. WHY? FOR OFFENDING THEM. IF YOU KNOW YOU ARE FAT, YOU CAN SEE YOU ARE FAT, AND A SIGN CLEARLY GIVES A FAT LIMIT, DON'T OVER FAT IT. YOU TOOK A RISK BUDDY AND LOST. BE A MAN (OR WOMAN) AND BUCK UP AND DEAL WITH THE CONSEQUENCES OF YOUR ACTIONS.
Less than 24 hours after an emergency in the water, the Rapids Water Park in Riviera Beach re-opened for business as usual. Park-goers swarming the slides, enjoying the sun, perhaps not knowing what happened on the Black Thunder yesterday.
An entire family of four, the Lenghan's visiting from New York, rushed to the emergency room after their raft flipped over. Their injuries severe enough that they are still hospitalized dealing with a myriad of bumps, bruises, and cuts. Marc Gottlieb, the Lenghan's attorney said: "The hospital is treating them like they had severe head trauma."
The Rapids went on the defensive Thursday with spokeswoman Tina Hatcher saying: "weight was a factor in the accident that took place." The water park says signs like this one clearly spell out that the weight on the rafts, which can carry up to 4 people, cannot exceed 700 pounds. Hatcher claims ride operators question people if they seem too heavy, but then she said this: "It's the same thing when you go to Disney. They're not going to ask you if your pregnant, do you have seizures or medical conditions? That's why every attraction at every park has signs up at their rides for the rider to read."
The family's attorney, however, told us by phone it's the park's responsibility to police their rules. "When you go to a park like this you are not thinking what your personal responsibility and personal liability is," said attorney Marc Gottlieb. An attorney, not involved in the case, put it this way: "If the ride operator is aware of the fact that participants are not following the rules , it certainly would seem they have some responsibility," said David Sales with Searcy, Denney, Scarola, Barnhart, & Shipley.
We checked in with the state and they say there is no administrative code that deals specifically with enforcement on water slides.
But the Bureau of Fair & Ride Inspections is fully investigating this accident. They plan to look into what the water slides manufacturer recommends for proper protocol.
_______________________________________________________________
THE FAMILY WANTS TO SUE BECAUSE THE RIDE OPERATOR DIDN'T ASK THEM HOW MUCH THEY WEIGH? WHEN THERE ARE SIGNS THAT CLEARLY STATE THE WEIGHT LIMIT? GET REAL. THESE FAT FOLKS WOULD SUE EVEN IF THE RIDE OPERATOR HAD ASKED THEIR WEIGHT. WHY? FOR OFFENDING THEM. IF YOU KNOW YOU ARE FAT, YOU CAN SEE YOU ARE FAT, AND A SIGN CLEARLY GIVES A FAT LIMIT, DON'T OVER FAT IT. YOU TOOK A RISK BUDDY AND LOST. BE A MAN (OR WOMAN) AND BUCK UP AND DEAL WITH THE CONSEQUENCES OF YOUR ACTIONS.
Charter Boat Murder Suspect Changes Plea
MIAMI -- One of two men accused of hijack and murder aboard a Miami Beach fishing charter has pleaded guilty.
In Miami federal court Thursday, Kirby Archer -- absent without leave from the military and wanted by authorities in Arkansas -- exchanged his guilty plea for a life sentence with no chance of parole. He was facing a possible death sentence.
"Did you, in fact, do what the government said you did in this case," Judge Paul Huck asked. "How do you plead?"
"Guilty," Archer replied.
Prosecutors have no witnesses and no bodies as evidence in the deaths of Jake Branam, captain of the fishing vessel, "Joe Cool;" his wife, Kelly Branam; crewmember and Jake Branam's half-brother, Scott Michael Gamble; and first mate Samuel Kairy.
The victims' families begrudgingly agreed to the plea so as not to chance a jury trial in a case without witnesses or bodies.
"We all came to the realization that no one's going to come back," said Jonathan Branam, Jake's cousin. "It is what it is. We'd rather have him spend his life in jail than walk."
Kirby's attorney said the plea deal was a best-case scenario for his client.
"We were able to save his life and he pled guilty to do so," said Allan Kaiser as he left the courthouse.
Archer and Guillermo Zarabozo, a then-19-year-old Hialeah resident, initially claimed pirates commandeered the "Joe Cool" and killed the crew.
In open court, prosecutor Karen Gilbert detailed the events of September 2007, beginning with Archer's intended flight from the law. He convinced Zarabozo, whom he had met while stationed in the Cuban refugee tent camp at Guantanamo Bay, to escape with him to Cuba, Gilbert alleged.
They scouted marinas for a charter they could commandeer and offered the crew of the "Joe Cool" $4,000 for a purported one-way trip. At sea, when Archer gave the signal, he shot the Branams on the fishing bridge as Zarabozo shot Kairy and Gamble on deck, Gilbert claimed.
Those were among the details the victims' family members had not yet learned.
"I wasn't aware that, according to Archer, Archer shot Jake and Zarabozo supposedly shot Scott," said Scott's sister, Amie Gamble, who is also half-sister to Jake Branam.
Zarabozo has pleaded not guilty. Prosecutors will not seek the death penalty in his case.
_______________________________________________________________
WHAT BURNS ME UP ABOUT THIS CASE IS THAT THE FAMILY IS PROBABLY RIGHT. WITHOUT BODIES, IT WILL BE HARD TO PROVE THE CASE. LIFE IN PRISON IS TOO GOOD FOR THESE MURDERERS, BUT AT THIS POINT, IT IS THE BEST TO HOPE FOR.
In Miami federal court Thursday, Kirby Archer -- absent without leave from the military and wanted by authorities in Arkansas -- exchanged his guilty plea for a life sentence with no chance of parole. He was facing a possible death sentence.
"Did you, in fact, do what the government said you did in this case," Judge Paul Huck asked. "How do you plead?"
"Guilty," Archer replied.
Prosecutors have no witnesses and no bodies as evidence in the deaths of Jake Branam, captain of the fishing vessel, "Joe Cool;" his wife, Kelly Branam; crewmember and Jake Branam's half-brother, Scott Michael Gamble; and first mate Samuel Kairy.
The victims' families begrudgingly agreed to the plea so as not to chance a jury trial in a case without witnesses or bodies.
"We all came to the realization that no one's going to come back," said Jonathan Branam, Jake's cousin. "It is what it is. We'd rather have him spend his life in jail than walk."
Kirby's attorney said the plea deal was a best-case scenario for his client.
"We were able to save his life and he pled guilty to do so," said Allan Kaiser as he left the courthouse.
Archer and Guillermo Zarabozo, a then-19-year-old Hialeah resident, initially claimed pirates commandeered the "Joe Cool" and killed the crew.
In open court, prosecutor Karen Gilbert detailed the events of September 2007, beginning with Archer's intended flight from the law. He convinced Zarabozo, whom he had met while stationed in the Cuban refugee tent camp at Guantanamo Bay, to escape with him to Cuba, Gilbert alleged.
They scouted marinas for a charter they could commandeer and offered the crew of the "Joe Cool" $4,000 for a purported one-way trip. At sea, when Archer gave the signal, he shot the Branams on the fishing bridge as Zarabozo shot Kairy and Gamble on deck, Gilbert claimed.
Those were among the details the victims' family members had not yet learned.
"I wasn't aware that, according to Archer, Archer shot Jake and Zarabozo supposedly shot Scott," said Scott's sister, Amie Gamble, who is also half-sister to Jake Branam.
Zarabozo has pleaded not guilty. Prosecutors will not seek the death penalty in his case.
_______________________________________________________________
WHAT BURNS ME UP ABOUT THIS CASE IS THAT THE FAMILY IS PROBABLY RIGHT. WITHOUT BODIES, IT WILL BE HARD TO PROVE THE CASE. LIFE IN PRISON IS TOO GOOD FOR THESE MURDERERS, BUT AT THIS POINT, IT IS THE BEST TO HOPE FOR.
CPS: Protocol Not Followed In Slain Boy's Case
SACRAMENTO, Calif. -- A social worker did not follow protocol in the case of a boy who was allegedly killed at the hands of his mother's boyfriend, the Sacramento County Department of Health and Human Services said Thursday.
The department's director, Lynn Frank, said Jahmaurae Allen, 4, was the subject of a Child Protective Services case that was opened on June 16, 2008.
Frank said the social worker affiliated with the case did not follow established department procedures and has been put on administrative leave pending further review of the circumstances.
She released the following statement Thursday:
"Although Child Protective Services intervened in this case and did take some steps to protect Jahmaurae, we could have -- and should have -- done more," Frank said. "In the majority of cases, records show our workers make the right decisions. In the case of Jahmaurae Allen, we did not adhere to our own high standards."
Frank said the social worker did take some steps to ensure the boy's safety, but it wasn't enough.
"I'm really horrified by the situation and by the death of this child. I don't understand how with the focus that we've had, how this could have happened again," Frank said.
CPS said it would implement immediate changes. It will now review all 921 current investigations of children ages 5 and younger; have supervisors accompany social workers over the next 30 days to assess their skills; reach out to law enforcement and other experts to improve the system and accountability of employees; and increase quality assurance reviews from quarterly to monthly.
The Sacramento County Coroner's Office said Allen died of blunt-force head and stomach injuries.
Jonathan Lamar Perry, 26, was taken into custody Tuesday afternoon on suspicion of murder and child endangerment.
Perry was supposed to be arraigned Thursday but did not appear in court because of a psychological condition. He is scheduled to be arraigned Friday afternoon.
He is facing murder and assault charges.
__________________________________________________________
THIS IS A SAD STORY. HOWEVER, IT IS IGNORANT TO BLAME DCS. HAVE YOU ANY IDEA OF THE CASE LOAD THESE WORKERS MAINTAIN? NO MATTER HOW GOOD YOUR SERVICE IS, SOMEONE IS GOING TO SUFFER. IT IS A FACT OF LIFE. PEOPLE NEED TO TAKE RESPONSIBILITY FOR THEIR ACTIONS. NAMELY, THE MURDERER WHO KILLED THIS BABY. END OF STORY.
The department's director, Lynn Frank, said Jahmaurae Allen, 4, was the subject of a Child Protective Services case that was opened on June 16, 2008.
Frank said the social worker affiliated with the case did not follow established department procedures and has been put on administrative leave pending further review of the circumstances.
She released the following statement Thursday:
"Although Child Protective Services intervened in this case and did take some steps to protect Jahmaurae, we could have -- and should have -- done more," Frank said. "In the majority of cases, records show our workers make the right decisions. In the case of Jahmaurae Allen, we did not adhere to our own high standards."
Frank said the social worker did take some steps to ensure the boy's safety, but it wasn't enough.
"I'm really horrified by the situation and by the death of this child. I don't understand how with the focus that we've had, how this could have happened again," Frank said.
CPS said it would implement immediate changes. It will now review all 921 current investigations of children ages 5 and younger; have supervisors accompany social workers over the next 30 days to assess their skills; reach out to law enforcement and other experts to improve the system and accountability of employees; and increase quality assurance reviews from quarterly to monthly.
The Sacramento County Coroner's Office said Allen died of blunt-force head and stomach injuries.
Jonathan Lamar Perry, 26, was taken into custody Tuesday afternoon on suspicion of murder and child endangerment.
Perry was supposed to be arraigned Thursday but did not appear in court because of a psychological condition. He is scheduled to be arraigned Friday afternoon.
He is facing murder and assault charges.
__________________________________________________________
THIS IS A SAD STORY. HOWEVER, IT IS IGNORANT TO BLAME DCS. HAVE YOU ANY IDEA OF THE CASE LOAD THESE WORKERS MAINTAIN? NO MATTER HOW GOOD YOUR SERVICE IS, SOMEONE IS GOING TO SUFFER. IT IS A FACT OF LIFE. PEOPLE NEED TO TAKE RESPONSIBILITY FOR THEIR ACTIONS. NAMELY, THE MURDERER WHO KILLED THIS BABY. END OF STORY.
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