Sunday, June 24, 2007
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CORPUS CHRISTI — The Nueces County Medical Examiner's Office may lose certification and be forced to delay critical reports without more workspace and a larger staff in the next two years, officials said.
The office is forced to ask the Commissioners Court for extra resources estimated at $640,000 for the next fiscal year to manage a rapidly increasing workload and national recertification in 2009 that mandates a maximum ratio of autopsies performed for each forensic pathologist, said Nueces County Medical Examiner Dr. Ray Fernandez. That estimate includes a one-time cost of $500,000 for a 2,000-square-foot addition to the office and hiring another pathologist with a $140,000 annual salary.
As medical examiner, Fernandez is responsible for investigating the deaths of all people who die violently, suddenly or unexpectedly. Since 1996, the number of cases reported to the office increased by 54 percent to 1,528 deaths in 2006 from 990 cases in 1996, according to county medical examiner data. The escalating number of cases results from increasing population, more immigrant traffic in the area and a higher frequency of death reports from surrounding counties, Fernandez said.
"The volume of work has grown tremendously," Fernandez said. "Right now I'm the chief examiner, the associate and the one who locks up the place."
While the office isn't backlogged, it is getting close and may start seeing delays in autopsy reports, death certificates and other documents if something isn't done, Fernandez said. These documents directly impact residents in the ability to execute an estate and file insurance claims, he said.
A delay in autopsy reports -- or if the office isn't recertified during its next review scheduled for fall 2009 -- could jeopardize the prosecution of homicides and police investigations, said District Attorney Carlos Valdez. Prosecutors are unable to prove a homicide case without the testimony and findings of the medical examiner, Valdez said.
"We're talking about the criminal justice system -- ultimately protection of the public," he said. "If something breaks down in the criminal justice system, it affects everything and in the end it may cause guilty people to walk free."
The Nueces County office is one of five statewide that are certified by the National Association of Medical Examiners out of 13 offices statewide, according to the association. According to Valdez, that certification adds a degree of credibility during criminal trials.
certified office
Medical examiner's offices, along with all statewide crime labs, were required to be certified under a 2005 state law, Fernandez said. However, the state granted a temporary exemption to medical examiners before the law took effect.
The Nueces County Office received certification by the National Association of Medical Examiners in November 2004 to gear up for what is expected to be a requirement in coming years. The exemption still is in effect but may be dropped during the 2009 legislative session, Fernandez said.
One of the certification provisions bars having more than 325 autopsies for each forensic pathologist, and the recommended maximum is no more than 250 autopsies each.
In 2006, the Nueces County office performed 328 autopsies stemming from Nueces County, which does not include autopsies of bodies from the 16 surrounding counties the office serves.
Data for autopsies from surrounding counties in the past few years was not immediately available, but likely add 100 to 150 autopsies per year, Fernandez said.
"We are at a crossroads here -- we're either going to move resources, maintain accreditation and be in compliance or expect to see delays," Fernandez said. "If nothing's done (the delays) probably would come sooner rather than later. It would probably be in the coming year or the following year after that."
considering request
Fernandez presented to commissioners requests for a facility upgrade, an extra forensic pathologist and an assistant last month during the court's budget workshops. County Judge Loyd Neal said last week that the court understands the request and will come to a decision before the 2007-2008 budget is finalized in September.
"We don't want this office not to be certified," Neal said. "With that said, there's a price tag attached to that of several hundred thousand dollars. ... One of the issues we will look at is the importance of doing this in a timely basis, and how do we pay for it."
The 2,000-square-foot expansion of the office would include an office for the extra forensic pathologist, additional workspace and a family grieving room, Fernandez said.
The request also includes hiring a permanent autopsy assistant.
"We certainly are going to work with (Dr. Fernandez) in every way we can to make sure we've looked at all alternatives and make sure we are properly equipped and funded for when inspection comes," Neal said. "But there's no guarantees. We have several million dollars' worth of requests before us and this is one of them."
Contact David Kassabian at 886-3778 or kassabiand@caller.com
The number of cases reported to the office increased by 54% to 1,528 deaths in 2006 from 990 cases in 1996.
Responsibilities
Investigate the deaths of people who die violently, suddenly or unexpectedly.
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Friday, June 22, 2007
I. DID THE 13TH COURT OF APPEALS ERR: The Texas Fair Defense Act Here is a Perfect Chance to Show Your Teeth
1. Appellant demands this appeal be abated and this court direct Appellant’s Attorney to represent her.
2. Appellant request legal representation as her request to oral argument is forbidden without it.
3. Appellant apologizes for any error committed as a Pro Se Defendant (Layperson) and for any reversible error committed; to be informed and given the opportunity to correct the error. Appellant at this late hour realizes she never signed the PDR she submitted and moves to correct at the Court’s discretion.
4. Appellant has had ineffective assistance of council. Jill Williams still represents appellant because she has never ask the courts permission in writing or in open court to withdraw. (List crucial periods without representation like when the state originally confessed) (error during the period immediately following submission to the clerk of the 13th COA until the Court began to consider it.) (See Letter from Attorney)
5. Appellant request this court order a TWC investigation into this “comedy of errors”, “confession of errors” and “peculiar circumstances”. In the Alternative it is requested that all TWC subject matter be forwarded to the appropriate entities, The Governor of Texas, the Attorney General of the State of Texas and the Texas Workforce Executive Staff.
6. Appellant request this court order both administrative and criminal hearings to assist fact finders in the imminent TWC investigation. See attached TWC letter dated June 20, 2007.
7. Appellant invites TWC to submit a friend of the court letter.
8. Appellant request this court engage the TWC and conduct a hearing on this matter before ruling on the motion for rehearing
9. The 13th Court of Appeals erred by excluding statements made on the (MFNT) record. The State did file a reply brief. This demonstrates that the court has not made its decision based on a whole record.
10. The Failure of the State to file a reply brief is treated as a confession of error per Siverand v. State 1. As grounds for this cause Appellant respectfully request this Court take Judicial notice based on intervening Supreme Court precedent per Saldano v. Texas, 530 U.S. 1212 (2000) 2 and grant this petition for discretionary review, vacate the judgment and remand the case for further consideration in light of developments during the pendency of this appeal. Specifically, it is requested this Court require such further proceedings (remand to trial court for the State to correct the error and file its reply) to be had as may be just under the circumstances.
11. The 13th COA erred in it’s ruling, “any opposing arguments are limited to those advanced by the State in the trial court”.
12. Appellant relies on the complete appellate record.
13. The 13th Court of Appeals made arguments on behalf of the state by technically censoring actual confessions of error in the Hearing on the Motion For New Trial. The confessions by the state are muted under the confession of error per Siverand Limiting the appellate record on behalf of the state to the trial court setting. Limiting the appellate record on behalf of the state to the trial court setting, the state’s side of the record that has vanished, when appellant relied on crucial testimony in the MFNT Hearing.
14. The 6th Amendment not a waivable right. It stands independent of ineffective assistance of counsel? The State needs to legitimize how State employee can be under subpoena as a witness for the State’s Adversary in a criminal proceeding and the state cannot compel her to appear. Then not file a reply brief in effect quashing the first opinion and censoring the confessions of error committed by the State during the Motion For New Trial.
15. The Failure of the State to file a reply brief is treated as a confession of error 1; in this case the States Confession of Error is a "fundamental error" requiring correction. Although this court “may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review” it may also remand for further consideration in light of the confession of error 3. From the beginning this case has presented a comedy of errors and in particular some very peculiar circumstances. The States failure to file a reply brief deprives the appellant of crucial statements made by the State 2 (by limiting any opposing arguments to those advanced by the State in the trial court. Id). It is this appellant’s belief the error is a tactical approach to disenfranchise Appellant of her right to fully supplement the record in her motion for new trial. Benefit from committing an error or committing an error so as to benefit from. Sounds like a Texas criminal style legislation to me
16. The decision of the Appellate court conflicts with the Texas Rules of Appellate Procedure 38.1(h) and 38.2(a)(1) 4 and Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) 5. The Appellate Court unequivocally has advanced arguments on behalf of the state. Not only have arguments been made on behalf of the state there are arguments made by the Appellate Court that are completely inaccurate: The 13th COA makes the statement “The record reflects that counsel exercised his ten peremptory strikes and, therefore, did not have an available strike for Ruff”. (Vol. 2 RR p,3 @3-6) (Vol. 1RR p.114). Is this court reading the same court record that this Appellant possesses? Appellant challenges the record furnished to the Appellant court as the record clearly reflects in direct contradiction of the 13th Court of Appeals record. There were available strikes, Appellant’s Counsel exercised ZERO peremptory strikes. This shows there could be other mistakes or misreadings. Justice in this case requires that the Appellate Court did not understand the facts of the case well enough to properly and justiciably make a decision. The Confession of error by the State and blatant errors committed while reviewing the record as a whole in the appellate court. There is too much error and all of it is harmful. Appellant waives no error known and unknown.
17. The decision of the Appellate court contradicts itself with respect to its decision in Siverand.
18. Limiting the states record advances arguments on behalf of the state
19. The 13th Court of Appeals relies on an incomplete record and has quoted the record inaccurately. This means either the record is either incomplete, inaccurate or the Independent Jurist did not take their duty seriously. The timing is highly suspicious being that two of the three Jurists were involved in campaigning, political maneuvering, schmoozing and networking and concentrating on their JOB.
20. Procedural Posture is faulty in light of confession of errors once the state confesses errors the errors need to be corrected.
21. The decision of the Appellate court contradicts itself with respect to Saldano v. Texas, 530 U.S. 1212 (2000) 2. In light of the confession of error the case should be “remanded for further consideration in light of the confession of error”.
22. The verdict in said cause is contrary to the law and the evidence and there is newly discovered evidence touching the issues involved in said cause. Below is the controlling administrative law. This makes the entry Legal and TRUE. This is a WIA, TWC And Texas Department of Human Services directive per Standard Operating Procedure.
TEXAS WORKFORCE APPEALS POLICY AND PRECEDENT MANUAL
TOTAL AND PARTIAL UNEMPLOYMENT
TPU 105.00
TPU 105.00 CONTRACT OBLIGATION.
INCLUDES CASES IN WHICH THE CLAIMANT'S CONTRACTS OR AGREEMENTS HAVE AN EFFECT ON DETERMINING HIS UNEMPLOYMENT STATUS.
Appeal No. 82-4799-10-0782. Substitute teachers may have reasonable assurance of continued employment within the meaning of
Section 3(f) (now codified as Section 207.041) of the Act. In determining whether such reasonable assurance exists with regard to
substitute teachers, the following criteria should be utilized: The school district must furnish to the Commission written statements which provide facts that the substitute teacher has been asked to continue in the same capacity for the following academic year. Simply placing the substitute teacher on a list for the following year does not establish reasonable assurance. It must be shown that both parties expect the relationship to resume at the beginning of the following year. The assurance must also be based on past experience with regard to the number of substitutes needed in the past.
23. The trial of the above cause was not had before, nor was the verdict therein rendered by "an impartial jury."
24. Appellant’s right to the Compulsory Process was and continues to be thwarted. Material Witness Mary Cano never appeared to any of the proceedings in which Defendant’s / Appellant’s Counsel subpoenaed her. A subpoena was issued for Mary Cano directing her to appear before the same court proceeding (MFNT) in which the State claims it can get her there if she is needed. The State admits knowledge of Mary Cano’s whereabouts and goes on to boast of her being easy to find; yet whether willfully or inadvertently LeeAnn Haley’s 6th Amendment right to Compulsory Process was violated.
1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error
1. ”When confronted with this situation, we treat the State's failure to file a brief as a confession of error. Siverand v. State, 89 S.W.3d 216, 220 (Tex. App.-Corpus Christi 2002, no pet.)."
2 Certiorari Granted—Vacated and Remanded
No. 99–8119. Saldano v. Texas. Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari
granted, judgment vacated, and case remanded for further consideration in light of the confession of error
3 Pursuant to Siverand, we will make an independent examination of the merits of appellant's points of error and any opposing arguments are limited to those advanced by the State in the trial court. Id.
4 The rules of appellate procedure require the parties to advance their own arguments. Tex. R. App. P. 38.1(h) and 38.2(a)(1).
5 Lawton v. State, 913 S.W.2d 542, 554 (Tex. Crim. App. 1995) Finally, decisional authority prevents us from advancing arguments on behalf of either party.
WHEREFORE, Petitioner prays that the court will:
1. Abate the Appeal, order a hearing to conduct a TWC administrative investigation and hold a hearing to conduct a Criminal Investigation and appoint counsel.
2. Remand this case for a new trial, or
3. Grant Appellant’s Motion for Rehearing.
4. Grant Appellants Motion for Rehearing, vacate the 13th COA opinion and remand for New trial and court appointed counsel.
5. Grant Appellants Motion for Extension of Time to File a Motion for Rehearing before ruling.
Respectfully submitted,
Sunday, June 3, 2007
Countering "historical erasure."
Mercury News Columnist
Heidi Donald's octogenarian mother wept each time the San Jose woman was coaxed into telling her daughter about what happened during World War II. Their family, like 10,000 other Germans and German-Americans, were held in U.S. internment camps.
Unlike the Japanese-American internment, few know about this. Donald has hoped a congressional commission could take testimony from internees and government officials to acknowledge the little-known wartime program - and learn from it.
After watching their bill to create such a commission languish year after year, a dwindling number of German-Americans and other European-Americans who were interned during World War II may finally get a fighting chance at having the truth come out, before they all die off.
"Do I hope? I swing, back and forth," said Donald, who was a toddler in 1942, when she arrived at the family internment camp in Crystal City, Texas. "Next week is going to be very interesting."
The Wartime Treatment Studies Act, a bipartisan bill that cleared the Senate Judiciary Committee, was presented as an amendment to the massive - and controversial - immigration reform bill last week, in a strategic attempt to capture legislators' attention.
In practice, amendments get tacked onto larger bills in Washington even when there is no relationship. Sometimes it's because they stand a better chance of getting through in
Uncovering the truth
The story of how 120,000 Japanese and Japanese-Americans were put into 10 internment camps in America's interior during World War II has now been widely covered. Few know of separate Department of Justice programs that rounded up 31,280 "enemy aliens" and their American-born children - 11,000 Germans, 3,200 Italians, more than 10,000 Japanese, and scores of Hungarians, Bulgarians and others. One of the programs, which affected Donald's family, worked with Latin American countries to detain and hand over these foreign nationals, often merchants and their families, to the United States.
The amendment would create two fact-finding commissions to take testimony. The first would review the government treatment of Germans, Italians and Europeans in the United States and those shipped from Latin America. They would explore the camps in Crystal City, Kenedy and Segoville, Texas, Missoula, Mont., and Bismarck, N.D. They would ask about whole families who were exchanged for prisoners, dumped in the middle of hostile countries as war raged in the skies. They would hear the impact of being rendered destitute, bank accounts frozen, financial holdings simply taken away. They would hear how some were held three years after the war was over in 1945.
The second commission would review the treatment of Jewish refugees, such as those aboard the infamous S.S. St. Louis. Known as "the Voyage of the Damned" in 1939, the St. Louis went from Cuba to Florida and Canada unable to unload its 937 asylum-seeking passengers.
Neither commission wants reparations. Advocates, however, want to document what happened, why actions were taken, and make findings in the hope that future challenges better balance national security with civil liberties.
"Looking back, I can see why the government should have the ability to do this," said San Josean Brad Houser, whose grandfather was held in Fort Lincoln, Neb. He understands the need for national security. But what is the process and how long does it last?
"Wrongs can be done," he said. "That's the part I'm struggling with. The idea of the study says let's find out what happened. How do we learn from this?"
Facing erasure
In April, a two-day conference in San Mateo brought together people whose families had been affected by the internment program which incarcerated "enemy aliens" by virtue of nationality, and often questionable evidence, such as hearsay and neighbors' mere suspicions.
Houser, who described himself as a Republican, has mixed feelings about their bill being an amendment to an immigration reform proposal whose current form he does not support. But he understands the immigration bill will change with amendments. If it does not pass, Congress will be more familiar with their proposal for the next session. He wonders, however, how long will it take?
"We don't have a lot of time - for the people who were there, who can testify. Many are in their 90s now."
It was the recent death of Max Ebel that apparently galvanized Sen. Russ Feingold, D-Wis., sponsor of the bill, to offer it as an amendment. Ebel, whose daughter Karen, has worked six years on the bill, was only 17 when he fled Germany after being assaulted for refusing to join the Hitler Youth. He was registered for the draft when he was arrested and interned in Nebraska. He died in May at age 87, a few days after his daughter returned from the San Mateo conference.
"Losing Max Ebel does more than bring me sadness; it also makes me a bit angry," Feingold said when he introduced the amendment. "Americans must learn from these tragedies now, before there is no one left."
Donald has pensively been thinking of Natasha Trethewey, who won the Pulitzer Prize for poetry about black Civil War soldiers. She'd said she wrote "The Native Guard" because she did not want them forgotten, to counter "historical erasure."
"I thought of that ... with the German-Americans who went through this being erased from history," Donald said. "We're not in the textbooks, we're not in the social studies classes. We're also going to be erased."
It's time to act. You can tell your senator that this amendment should be accepted next week. The past cannot simply be past.
See www.gaic.info and click on "Legislative Efforts." Contact L.A. Chung at lchung@mercurynews.com or (408) 920-5280.