Overly Ambitious?

A little bit early? Perhaps, but one can look to the future.

Something Must Be Done

Federal agents nationwide eye ATF agent murder trial

By Mike M. Ahlers, CNNOctober 25, 2010 5:39 p.m. EDT

Washington (CNN) -- Is Will Clark a villain or a hero?

Was the off-duty federal agent brave and chivalrous, or did he overreact when he intervened in a heated domestic argument and shot a man five times, killing him?

A U.S. Virgin Islands jury this week will hear the case for and against Clark, a nine-year veteran of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, now charged with second degree murder.

The prosecution of Special Agent William G. Clark for the 2008 shooting death of Marcus Sukow has enraged many federal law enforcement officers, who say Clark was heroically coming to the defense of a battered woman.

Federal authorities were so incensed by the Virgin Island's prosecution of Clark -- and so concerned other federal agents could similarly be prosecuted -- that they removed all ATF agents from the Virgin Islands in 2008, a policy that continues today, the agency said.

The U.S. Virgin Islands is an unincorporated territory of the United States, and as such has a unique legal relationship with the federal government.

While the broad outline of the shooting is undisputed, two government investigations came to starkly different conclusions.

A federal government multi-agency investigation of the 2008 incident unanimously concluded the shooting was justified. The ATF even returned Clark's gun and badge and put him back to work.

But a Virgin Islands Police Department investigation prompted prosecutors to charge Clark with second degree murder.

The incident occurred the morning of Sunday, September 7, 2008, outside a St. Thomas condo, where all of the main participants were neighbors.

According to a police affidavit, Clark was leaving his condo when he encountered Sukow and his girlfriend, Marguerite Duncan. They had been drinking and were having a "disagreement." Duncan asked Clark for a ride to the guard gate and got in Clark's sports utility vehicle.

Sukow approached Clark, who was sitting in the car with the driver's door open. One witness said he saw Sukow striking the driver's door with his flashlight, and saw Clark draw his weapon and tell Sukow to step back.

"Mr. Sukow stood there with his hands at his side when William Clarke [sic] discharged his firearm at him several times," the affidavit reads.

Local prosecutors evidently were heavily influenced by two facts: First, the deceased, Marcus Sukow, was armed only with a flashlight; second, Clark shot him five times.

"These facts are undisputed and were the findings of the local police investigation," Gov. John de Jongh Jr. wrote in a letter justifying the prosecution.

But a defense lawyer says the local police department's affidavit is inaccurate and its investigation grossly incomplete.

Attorney Mark Schamel said Sukow weighed 260 pounds, had a history of violent assaults, and was acting violently at the time of the incident.

When Clark first encountered the fighting couple, Sukow was naked, intoxicated and shouting threats at his girlfriend and racial slurs at a neighbor who had come out during the commotion.

At one point, Sukow went into his condo and returned wearing gym shorts, and then pelted his girlfriend's car with landscaping stones.

After Duncan sought refuge in Clark's car, Sukow charged at Clark's open driver door, the flashlight -- a heavy-duty, 18-inch metal one -- raised "like a tomahawk," poised to strike Clark, Schamel said.

Clark fired rapidly, as he was trained, Schamel said.

Tests later showed that Sukow had a blood-alcohol content of 0.29 percent, and had barbiturates and morphine in his blood, the defense lawyer said.

Schamel said the former head trainer for the Virgin Islands Police Department academy will testify as an expert witness that the shooting was justified.

Schamel said he also has subpoenaed the Virgin Islands' governor and first lady to testify, because Duncan called them shortly after the shooting. He declined to say what he expected them to say.

On Monday, ATF Deputy Director Kenneth Melson reiterated the agency's support for Clark.

"Special Agent Clark intervened in a domestic dispute in order to protect a woman that was endangered by her boyfriend. His actions were necessary to save a woman's life and his own life," Melson said. "The ATF family supports Special Agent Clark and seeks an immediate, non-criminal resolution in this matter."

Clark's attorney fought to have the case transferred to federal court, saying Clark was acting as a federal agent and deserved federal protections. But a district court judge ruled against the motion, and a federal court has declined to halt the trial.

"William Clark is a federal ATF agent who does not have peace officer status under Virgin Islands law and therefore had no authority to enforce law including the domestic violence statutes," said Sara Lezama, a spokeswoman for the Virgin Islands Department of Justice.

As a private citizen, Clark was authorized to carry a gun and use reasonable force to defend himself and others, Lezama said. But Sukow "did not inflict bodily harm on anyone the morning he was shot," she said.

"That's the government's general position in this case. We believe that he used excessive force instead of reasonable force in this matter," Lezama said.

Clark's advocates say the case has far-reaching ramifications.

"It is well recognized that federal law enforcement officers are immune from state criminal liability for actions that are taken within the scope of their employment as federal officers," Sen. Charles Schumer, D-New York, wrote in a letter to Gov. de Jongh. "That principle... applies with equal force in United States territories."

The Clark prosecution "has the potential to create a chilling effect on the operation of federal law enforcement throughout the United States' territories," Schumer wrote.

"The American law enforcement community is outraged that the USVI prosecutor seems more intent on punishing American cops than woman beaters," Jon Adler, president of the Federal Law Enforcement Officers Association, said in a written statement. Adler and others are calling for an investigation into the prosecution, saying it is in retaliation for federal corruption investigation in the Virgin Islands.

The spokeswoman for the Virgin Islands Department of Justice said a jury will determine the appropriateness of the shooting. That jury was being selected Monday, and the trial is expected to last seven days, she said.

Original Article from CNN.com http://www.cnn.com/2010/CRIME/10/25/virgin.islands.atf.agent.case/index.html?hpt=T2

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Updates

Welcome,

It has been a while but, I hope that I will be able to update my blog on a more regular basis. As always I am always open to comments and suggestions for this site, I would also like for you to check out facebook.com/mychouston, twitter.com/houstonmyc, and twitter.com/AndrewRomo .

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Andrew S. Romo

Gen. McChrystal retires in military ceremony

by ANNE FLAHERTY

updated 1 hour 16 minutes ago

 

WASHINGTON — Gen. Stanley McChrystal ended his 34-year career as an Army officer Friday in an emotional retirement ceremony at his military headquarters here, marking the last chapter of his swift and stunning fall from grace.

Before a crowd of a few hundred friends, family and colleagues on the Fort McNair parade grounds under an oppressively hot July sun, McChrystal said his service didn't end as he hoped. But he regretted few decisions he had made on the battlefield, cherished his life as a soldier and was optimistic about his future, he said.

"I trusted and I still trust," McChrystal said. "I cared and I still care. I wouldn't have it any other way."

The former commander of U.S. forces in Afghanistan was fired last month after Rolling Stone magazine published an article titled "The Runaway General" that quoted scathing remarks he and his aides made about their civilian bosses.

McChrystal complained President Barack Obama had handed him "an unsellable position" on the war. The general's closest advisers mocked other government officials, including Vice President Joseph Biden, as fools who were ignorant of the complexities of war.

"Biden? Did you say, 'Bite me?'" one aide is quoted saying.

Shortly after the article was published, McChrystal was sent packing.

In his 18-minute farewell tribute before the VIP-studded crowd, McChrystal made light of the episode. He warned his comrades in arms: "I have stories on all of you, photos of many, and I know a Rolling Stone reporter."

But McChrystal also sounded a more serious note, when he talked about the pain of leaving behind unfulfilled commitments in Afghanistan and watching colleagues ensnared in the scandal.

"There are misconceptions about the loyalty and service of some dedicated professionals that will likely take some time, but I believe will be corrected," he said.

Still, he said he was approaching the future with optimism.

"I need to celebrate," said McChrystal, who inspired intense loyalty among many of those who served under him.

McChrystal spent much of his speech paying tribute to his wife of 33 years, Annie, who watched tearfully from the front row. He described her endless support, as he repeatedly headed off to war, and as inspiring him during dark times following the 2001 terrorist attacks.

"She's here, like she's always been there when it matters, always gorgeous," he said.

Soldiers attending the ceremony were allowed to forgo their formal dress uniforms in lieu of combat fatigues — an apparent tribute to a war commander fresh from battle and whose career was marked by more secret operations to snatch terror suspects than by pomp and circumstance.

Wearing his own Army combat uniform for the last time, the four-star general received full military honors, including a 17-gun salute and flag formations by the Army's Old Guard.

He smiled and nodded at members in the crowd and appeared to joke with U.S. Defense Secretary Robert Gates, who appeared to fight back tears as he gave McChrystal a hero's tribute.

"Over the past decade, arguably no single American has inflicted more fear, more loss of freedom and more loss of life on our country's most vicious and violent enemies than Stan McChrystal," Gates said.

Afghanistan's top representative to the United States said his country would remember McChrystal for generations to come.

"We will never forget the sacrifices that you and those under your command have made to make Afghanistan safer for our children," Ambassador Said Tayeb Jawad said.

A close aide to the general, Col. Charles Flynn, says McChrystal plans to live in the northern Virginia area after moving out of his home in Washington's Fort McNair.

"Presently, the general is concentrating on his transition, the move, his family and remains undecided about future employment options," Flynn wrote in an e-mail to The Associated Press.

Senior military and defense officials, including Gates, have said they agreed with Obama's decision to fire McChrystal but were crestfallen by the loss of a gifted colleague.

During his rise to one of the nation's top military jobs, McChrystal made many allies — including Chairman of the Joint Chiefs Adm. Mike Mullen — who saw him as an honest broker with extraordinary self-discipline.

Mullen was among those who said he was crushed by the episode. He was unable to attend Friday's ceremony because he was traveling overseas.

"He is a friend," Mullen said of McChrystal shortly after McChrystal was fired. "He's an extraordinary officer. He made a severe mistake."

McChrystal was a seasoned special operations commander who made his reputation hunting down members of al-Qaida in Iraq, and helping turn around the course of that war. Last year, he was picked as top commander in Afghanistan to replace Gen. David McKiernan, who was removed from his post by an Obama administration anxious to chart a new course in the war.

The White House is allowing McChrystal to keep his four stars in retirement, even though Army rules would have required him to serve another two years at that rank.

___

Associated Press Writer Kimberly Dozier contributed to this report from Washington.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

To view the original article visit the following link http://www.msnbc.msn.com/id/38386539/ns/politics/

Mayor chooses Atlantan to lead airport system

By BRADLEY OLSON
Copyright 2010 Houston Chronicle

April 14, 2010, 8:02PM

Mayor Annise Parker Wednesday named her pick for a new city aviation director, presenting a top official of Hartsfield-Jackson Atlanta International Airport — the busiest in the United States — for City Council approval.

A native of Barranquitas, Puerto Rico, Mario C. Diaz had been deputy general manager of the Atlanta airport since 1999 and previously worked in New Jersey's airport system, John F. Kennedy Airport and for the Port Authority of New York and New Jersey.

Parker said she has asked Diaz to build up international business in the city's airport system, the fourth-largest in the United States, particularly in Latin America. She also said Diaz will play a major role in the city's economic development efforts.

"I believe that we can be more entreprenurial and more innovative in moving into the future, and I think I have the right person at the right time to help us do that," Parker said.

Abrupt resignation

Diaz will inherit an airport system that drew unwanted attention last year when its leader, Richard Vacar, was abruptly forced out by Mayor Bill White. Public scrutiny at the time focused on the Houston Airport System Development Corporation, a complex nonprofit formed under Vacar that reimbursed the city for consulting work performed by aviation department employees on foreign airport development.

A subsequent probe by a law firm hired by the city, as well as an audit released Tuesday by City Controller Ronald Green, found minor irregularities in HASDC's billing activities, but largely certified the entity's ability to make money and benefit airport operations in Houston.

"The potential net operating revenues and future liquidated equity appears to have long term benefit to HAS, if the activities outlined in the agreement are allowed to continue," Green said.

Parker indicated a willingness to continue at least some aspects of the city's relationship with HASDC, which pays 1.8 times the cost of aviation employee time, plus any expenses, spent on airport development work abroad.

"There are some elements of that relationship that I think are very beneficial to the airport, others that are less so," Parker said. "I'm not interested in killing it off, but we want to make sure that it moves forward to the best benefit of the Houston Airport System."

'Glad it's over'

Vacar, who ardently defended HASDC after leaving his post, said the reason he initially set it up was to provide the airport system with another revenue stream to complement the fees paid by airlines, given the volatility in that business in recent years. The result of the city's scrutiny is a vindication, he said.

"I'm glad it's over," said Vacar, now a senior vice president for project development for HAS & ADC, a for-profit partnership with which HASDC partnered to become involved in airport development in Ecuador and Costa Rica. "They've run all the traps and had all the legal reviews, and this thing passed the smell test."

Vacar also praised Parker's selection of Diaz, saying it was clear she chose a "competent professional" from a major worldwide airport.

Parker said Diaz, who will become one of the city's highest paid employees with a $200,000 annual salary if he is approved in the coming weeks by City Council, was selected using data gathered by a previous search committee, input from Southwest and Continental Airlines and advice from Andy Icken, the city's chief development officer.

Diaz, a licensed pilot with an MBA from Rutgers University, said he was drawn to Houston because of the opportunity to manage an airport system, including George Bush Intercontinental Airport, Hobby Airport and Ellington Field.

"In Atlanta, I've been there, done that. It's interesting, a wonderful city and wonderful airport, but it's not an airport system," he said. "There is a complexity, there is a challenge, there is a strategy that you have to employ in an airport system that you simply don't get an opportunity to do in a single airport system."

bradley.olson@chron.com

 

Click to View Original Article http://www.chron.com/disp/story.mpl/metropolitan/6959291.html

A Great Day for America!

  

WASHINGTON -- A long-overlooked group of women who flew aircraft during World War II were awarded the Congressional Gold Medal on Wednesday.

Known as Women Airforce Service Pilots, or WASPs, they were the first women to fly U.S. military planes.

About 200 of these women aviators, mostly in their late 80s and early 90s and some in wheelchairs, came to the Capitol to accept the medal, the highest civilian honor bestowed by Congress.

In thanking them for their service, House Speaker Nancy Pelosi said these women pilots went unrecognized for too long.

"Women Air Force Service Pilots, we are all your daughters, you taught us how to fly," Pelosi said.

In accepting the award, WASP pilot Deanie Parrish said the women had volunteered to fly the planes without expectation that they would ever be thanked. Their mission was to fly noncombat missions to free up male pilots to fly overseas.

"Over 65 years ago we each served our country without any expectation of recognition or glory and we did it without compromising the values that we were taught growing up ... We did it because our country needed us," Parrish said.

Thirty-eight WASPS were killed in service. But they were long considered civilians, not members of the military, and thus were not entitled to the pay and benefits given to the men. When their unit was disbanded in 1944, many even had to pay their own bus fare home from their Avenger Field base in Sweetwater, Texas.

They were afforded veteran status in 1977 after a long fight.

It's estimated that about 300 WASP aviators are still alive.

Sens. Kay Bailey Hutchison, R-Texas, and Barbara Mikulski, D-Md., along with Reps. Ileana Ros-Lehtinen, R-Fla., and Susan Davis, D-Calif., led the push in Congress to get the women recognized.

The Congressional Gold Medal was awarded in 2000 to the Navajo Code Talkers and in 2006 to the Tuskegee Airmen.

(Copyright ©2010 by The Associated Press. All Rights Reserved.)

Finally

Haitian Court Frees U.S. Missionary as Group's Leader Remains in Jail

Monday, March 08, 2010

PORT-AU-PRINCE, Haiti —  One of two Baptist missionaries still held on kidnapping charges in Haiti was released and flew to Miami on Monday, but the U.S. group's leader remained in custody.

Charisa Coulter, 24, was taken from her jail cell to the airport by U.S. Embassy staff more than a month after she and nine other Americans were arrested for trying to take 33 children out of Haiti after the earthquake.

Coulter, wearing a red tank top and sunglasses, declined comment as she quickly got into an SUV that took her to the Haitian airport, where she caught a flight back to the United States.

Coulter's father said his daughter arrived in Miami late Monday and went straight to a hotel.

Mel Coulter said her release brings a mix of joy and sorrow knowing that the leader of the Idaho-based missionary group, Laura Silsby, will be spending the night all alone in a Haitian jail.

"It is good news, but it's tempered," Coulter said. "We're really happy to have our daughter back on American soil. But Laura is still there. So this is really only completing part of the journey for the two of them. My daughter has left her best friend behind."

Silsby, 40, said she was glad about Coulter's release.

"I'm very happy that she left today, and for her freedom, and expect mine to come soon," Silsby told The Associated Press as she left the courthouse where a judge held a closed hearing Monday. She was returned to her cell in a police station near Port-au-Prince airport.

Defense lawyer Louis Ricardo Chachoute said Coulter was released because there was no evidence to support the charges of kidnapping and criminal association. He predicted Silsby would be released soon as well.

"There are no prosecution witnesses to substantiate anything," Chachoute said.

Coulter, of Boise, is a diabetic and had medical difficulties during her confinement. She was treated at least once, on Feb. 1, by American doctors after collapsing with what she said was either severe dehydration or the flu.

fter a court hearing Monday for Silsby, Judge Bernard Saint-Vil said he heard evidence from a police officer who said he stopped Silsby from loading a bus with children near the Dominican Republic consulate in Port-au-Prince on Jan. 26. That was three days before her group was arrested while trying to cross into the Dominican Republic with 33 children.

"I found inconsistencies in some of Laura's statements," Saint-Vil told reporters, saying he planned to visit the Dominican consulate to resolve them.

The Dominican consul in Haiti, Carlos Castillo, has said previously that he warned Silsby she lacked the required papers to leave the country with the children and risked being arrested at the border for child trafficking.

The Americans' arrest came as Haitian authorities were trying to crack down on unauthorized adoptions to prevent child trafficking in the chaos following the catastrophic Jan. 12 earthquake.

Silsby initially said the children were orphaned in the quake that the government said has killed more than 230,000 people. But the AP found the children had been given away by still-living parents.

Chachoute said the Americans only came to Haiti to help the country. "Firstly, there was no criminal conspiracy; secondly, there was no child snatching," he said.

The Baptist group planned to take the children to the neighboring Dominican Republic to an orphanage that Silsby was creating in a former hotel.

The judge released eight of the Americans on Feb. 17 after concluding parents voluntarily gave up their children in the belief that the Baptist group would give them a better life. But he decided he still had additional questions for Silsby and Coulter.