Tag Archives: Law

Animal cruelty does not require malicious intent to be illegal

A blog called Rattlin’ Georgia’s Cages

wrote at some unspecified date recently
:



I beg to differ with Mr. Pritchard’s opinion regarding “malicious
intent”.

Lowndes County Manager Joe Pritchard says, “I don’t believe through
our investigation, nor through any info we received from the Department
of Ag, are able to indicate any malicious intent.”



Mr. Pritchard should understand that it matters not if this was done
with “malicious intent” or not. “Malicous intent” should be
determined by the investigating criminal agency, not a county manager.
“Malicious Intent” is only important in determining whether the
crime should be filed as a felony, or a misdemeanor.

The law is crystal clear regarding the denial of necessary medical care,
and/or humane euthanasia, for any animal deemed to be in need of such. Any
time a shelter impounds/houses a live animal, the shelter is required,
by law, to afford that animal with humane care – to include necessary
medical care or treatment.

The blogger then goes on to quote Georgia Code, which only brings
in the word “maliciously” for higher fines or imprisonment
for aggravated cruelty to animals.

The blogger summarizes:

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I am disappointed these matters are being swept under the rug —Susan Leavens

These comments came in yesterday and today on

Find out the truth about allegations of animal cruelty and abuse
. -jsq



Yesterday:

Tomorrow will be a week and I have had no response! Very disappointing.

-Jane Osborn

Today:



Mrs. Osborn,

Thank you so much for your support. The County manager and several county
employees interviewed all the workers after a drug screen was conducted on
all employees back in late august of 2010. Several (4) employees advised
the people conducting the investigation (Joe Prichard, Mickey Tillman,
Page Dukes and Suzanne Pittman) of the charges brought to the Department
of Agriculture. From the

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Find out the truth about allegations of animal cruelty and abuse —Jane Osborn

This came in to the submission address Thursday.
More in
this topic
and

this VDT story.

-jsq

From: “Jane Osborn”

Date: Thu, 26 May 2011 23:21:09 -0400

Subject: criminal issues

Here is what I just sent to the Sheriff’s office by email:



I wanted to ask if someone who witnessed the alleged abuse of animals
at the Lowndes County Animal Shelter has to make a direct report to law
enforcement for an investigation to be started or if second-hand
information from the media would be good enough. I will include a link
to a video of the testimony of a shelter officer at the Lowndes County
Commission meeting this week. I am under the impression that animal
abuse is a criminal offense and that just having these reports go to
the Department of Agriculture will only result in a fine for the
shelter, not resolution of possible criminal wrongdoing.

Here is the link:

http://lake.typepad.com/on-the-lake-front/2011/05/neglect-abuse-suffering-falsifying-documents-susan-leavins-lcc-24-may-2011.html

Please let me know if it is possible for a criminal investigation can
be started to find out the truth about allegations of animal cruelty
and abuse.

Thank you. Jane Osborn

If the commissioners will not handle this, perhaps law enforcement
will. Jane

Jane F. Osborn, MSSW

Valdosta, GA

Laws relevant to Foxborough McDonald’s —Vince Schneider



He’s back from Afghanistan and has a new plan to fight McDonald’s.
Vince Schneider asked the County Commission for an ordinance about hours.

After quoting from the U.S. Tenth and Fourth Amendments
and talking about privacy rights,
he read similar passages from the Georgia Constitution,
and this one, from

Section II. Origin and Structure of Government
:

All government, of right, originates with the people, is founded
upon their will only, and is instituted solely for the good of the
whole. Public officers are the trustees and servants of the people and
are at all times amenable to them.

He then read a definition of ordinance,
and noted that many ordinances deal with issues of safety, health, morals,
etc.

His recommendation: for the Commission to pass an ordinance
limiting hours of operation for such type of enterprises.

That’s the county attorney visible directly past Schneider
(under the microphone).
Of course it’s the commissioners who must propose and pass any ordinance.
That will require

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Privatizing water —GA SB 122

Privatizing prisons is not enough; now Georgia wants to privatize water.

Aaron Gould Sheinin wrote in the AJC Monday 2 May 2011,

Deal signs bill allowing public-private reservoirs



Partnerships between public authorities and private enterprise to build
new reservoirs are now legal in Georgia under legislation Gov. Nathan
Deal signed into law Monday.

Senate Bill 122 “is particularly useful at times such as these when budget
cutbacks hinder our ability to invest in new infrastructure,” Deal said
at a Georgia Chamber of Commerce luncheon in his honor. “This stretches
public dollars by attracting partners to move forward with public works
projects that will benefit the citizens of the state for generations.”

Lawmakers approved $46 million in bond money in the state budget
that takes effect July 1 to help facilitate the construction of new
reservoirs. Deal said he hopes to increase that to $300 million over
the next several years.

“Increasing our water supply in terms of holding that supply is critical
for meeting our future needs,” Deal said.

Yes, but trumping up a fake budget crisis by giving tax breaks to
people who don’t need them and then using it to privatize
public infrastructure for corporate profit at taxpayer expense
is not the way to do it.

Wait, it gets even better:

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Self-executing mode —John Fretti

Someone posting as
Mayor John Fretti of Valdosta responded in a comment to
Leigh Touchton.
Mayor Fretti, please point us to where on the web is the
video you mention. -jsq

Update 12:13 AM 23 April 2011: Mayor Fretti confirms (through three different channels) that this post was by him:

THat was my post. an attempt to reach out and help explain a few things. the video, as was al evidence in the case was exchanged durig the discovery part of the motion. the video should be with that.

I have asked him whether an open records request would produce the video.
Back to the original post. -jsq



With all due respect to Leigh’s version of the arrest – and it is all
on video, it happened in the end by way of self – executing mode. After
repeated requests for the group to relinquish the podium and rose stating
each time that they will not and we “must do what we have to do”. the
Mayor asked if there was any objection from Council or city manager or
attorney if WE allow Chief Frank Simons to approach the crowd and do
what he sees necessary to allow the meeting to continue efficiently and
effectively. There was some discussion and then John Fason (Cmdr.) asked
if anyone wants to go to jail – to follow him. and they all did – no
cuffs, no restraints. Peacefully. That’s it. and all on video for all
to see. With respect to the charges filed, they were old STATE charges and
were ruled out as overbroad and (something else). That was fine. There was
an appeal by the solicitor General and again the old STATE laws were ruled
overbroad and (something else). as they should have been. We have our own
local laws and ordinances now that have been tested strong in court.

and
now here it the Paul Harvey moment…

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Jeanie P. Boland resigns as executive director of Brantley County Development Authority

Chris Buchanan wrote in Enterprise online on 4 March 2011,

Boland resigns from DA executive director’s post
:



Boland had also been working to gain more information on the
possible expansion of the Humpty Dumpty Hotel owned by Foodonics,
however, she came under fire for holding private meetings with
the company without the knowledge of the rest of the authority
which has caused some in the community to cry foul.

But after the allegations arose, Boland maintained that the
meetings were for gathering information only and that she
was merely waiting to get all the facts before presenting them to
the board.

Their board is considering passing an open records policy to match
the Georgia state law, but doesn’t like it much:

“They can ask you until you’re blue in the face and they don’t
have to explain what they’re going to do with them,” he said. “But
I know there’s nothing you can do about it.”

They also want to change their financial audit cycle from annually
to every three years.

-jsq

Jails Reap Millions Off U.S. Illegal Alien Crackdown

Betty Liu reports for Bloomberg that

Jails Reap Millions Off U.S. Illegal Alien Crackdown
:



The big winner in the crackdown on the illegal immiggration
has been the private prison industry.
As Bloomberg Business Week reports in its latest issue,
companies such as Corrections Corporation of America
are making millions.
In fact, CCA makes more money from detaining immigrants
than it does from any single U.S. state.

She goes on to mention CCA’s stock price has gone up by
a factor of ten since 9/11.




Bloomberg’s Betty Liu reports, 18 March 2011. (Source: Bloomberg)

The source of the money CCA and its investors and executives are making?
Our tax dollars!

With all the additional

jail time, misdemeanors, and felonies in new state laws such as Arizona’s
,
states could catch up with the feds in paying CCA through the nose!

-jsq

“consider ending drug prohibition” “stop the hypocrisy.” –Frank Serpico

One of our readers doesn’t believe Frank Serpico is for legalization of drugs, despite what
filmmaker Connie Littlefield
and LEAP say.

Fair enough: that’s circumstantial evidence.
Let’s see what Serpico himself says.

Frank Serpico in his blog,

27 March 2007:



DAMAGE DONE

THE DRUG WAR ODYSSEY

THE FILM

THE COPS

THE FILM MAKERS

After 30 years of drug war, illegal narcotics are decreasing in price,
increasing in purity and demand continues to surge. The heroes of
this film are veterans of the drug war and they urge us to consider
ending drug prohibition. They have had a complete revolution in their
thinking. Now they are working to end the War on Drugs. Find out what
happened to change their minds.

http://www.drugwarodyssey.com/

Serpico

quoted in the website for the film he recommends:


“I think Prohibition is causing the public to lose their respect because
they’re enforcing laws that basically aren’t hurting anybody. I think
we have to stop the hypocrisy.”

That website’s

summary of the film:

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How do anti-amnesty directives equate to available prison labor for private prisons?

Somebody recently asked:

I have seen no verification that the private prisons intend to make
money from inmate labor & the recent article claiming prison labor would
displace more citizen jobs if illegals were jailed as a positive for
amnesty was ridiculous. All anti-amnesty directives I have seen call for
the illegals being deported back to their country of origin ASAP. How
does this equate to available prison labor for private prisons?

OK, let’s go look at the anti-immigrant law passed by Arizona.


It’s littered with “federal custody” and
“imprisoned not more than thirty days” and
“imprisoned not more than six months” and
“A person who is sentenced pursuant to this section is not eligible
for suspension or commutation of sentence or release on any basis until
the sentence imposed is served.”
and
“class 1 misdemeanor”
and
“class 3 felony”
and
“class 4 felony”
and
“twenty days in jail” and
“thirty days in jail”.


Arizona Revised Statutes Section 11-1051

D. Notwithstanding any other law, a law enforcement agency may securely
transport an alien who the agency has received verification is unlawfully
present in the united states and who is in the agency’s custody to a
federal facility in this state or to any other point of transfer into
federal custody that is outside the jurisdiction of the law enforcement
agency. a law enforcement agency shall obtain judicial authorization
before securely transporting an alien who is unlawfully present in the
United States to a point of transfer that is outside of this state.


13-1509. Trespassing by illegal aliens; assessment; exception; classification

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