Officer Wayne Simoes Found Not Guilty

After a 5-day trial, it took the jury of 8 men and 4 women just over 5 hours to find Officer Wayne Simoes,39, of the Yonkers Police Dept. not guilty of violating Irma Marquez’ civil rights.

Officer Simoes had faced 10 years in prison if convicted of body-slamming Irma Marquez, 44, face-first into the floor of La Fonda restaurant on March 3, 2007, breaking her jaw and causing extensive injuries that required her hospitalization. The incident was captured on the restaurant’s surveillance camera.

Irma Marquez

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The video was shown numerous times throughout the 5-day trial. Prosecutor Anna Skotko had told the jurors, “Trust your eyes.” An FBI expert said the video’s quality was good enough to show what happened.

John Liberatore, a fellow officer who was present, testified that he saw Simoes lift Marquez off the floor from behind and throw her down. He said he then turned to his partner and, using an expletive, asked “What the … just happened here?“

The police captain at the scene, Edward Geiss, testified that at the time, he felt Simoes’ action “probably involved excessive force.” On the other hand, he said he didn’t think Simoes intended to hurt Marquez “the way he did.”

Then the defense team for Wayne Simoes went to work. They called on the services of  a video expert, Grant Fredericks.

“In this video she was dropped, clearly,” Grant Fredericks said.

Fredericks, who has taught forensic video analysis at the FBI’s training academy in Virginia, testified that frame-by-frame analysis of the video led him to conclude that Marquez was dropped. He said that the restaurant’s video system captured only 15 frames per second, less than the standard television broadcast. That, he said led to the system saving only a fraction of what actually happened from second to second.

He said the only way to determine what happened is to look at the video frame by frame, essentially to break the video down to still photographs.

“You can’t possibly understand what the video is telling you without doing that,” he said. “It goes by too fast.”

The owner of La Fonda restaurant, Julian Santos, also testified saying that Simoes did not throw Marquez to the ground.

“He picked her up and it seemed like she lost her balance and fell,” Julian Santos said, testifying through an interpreter.

In order to convict Simoes of violating Irma Marquez’ civil rights the jury had to find that Wayne Simoes intentionally caused her harm. Apparently after hearing from the defense witnesses, they were unable to do so.

Defense lawyer Andrew Quinn said that by showing the jurors stills from the video, he was able to prove that the takedown of Marquez was an accident and that Simoes had “no intent or desire to hurt Ms. Marquez or violate her civil rights.“

Simoes seemed stunned when the verdict was read. He expelled his breath loudly several times, then wiped his eyes with a tissue and hugged his lawyers and his wife. Simoes said outside that he felt bad for Marquez. He thanked his lawyers, his wife, his colleagues and everyone who “saw through all the garbage.“

Yonkers Police Commissioner Edmund Hartnett welcomed the jury’s verdict, saying he always believed what happened was an accident. “Police Officer Simoes never intended, in my opinion, to hurt this woman,” he said. “It was a mistake.”

Marquez, who filed an $11 million lawsuit against Simoes and the city, suffered a broken jaw and concussion in the incident. She was charged with misdemeanor counts of disorderly conduct and obstructing governmental procedure, but a Yonkers City Court jury cleared her of those charges in May last year. A couple of weeks later she filed her lawsuit in federal court. It is still pending.

Neither Marquez nor Simoes testified at the trial.

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Colleen Hauser Returns

Colleen Hauser was the subject of a massive law enforcement hunt. The FBI, ICE and Interpol were all on the lookout for the 40-year-old mother who had fled with her 13-year-old son, Daniel, who is suffering from Hodgkin’s lymphoma. She was trying to avoid a court-ordered chemotherapy treatment for his illness. She believed that he could be cured by alternative means.

Well, the hunt is over and Colleen Hauser has returned home voluntarily with her son. Daniel Hauser was “immediately checked over medically” when he and his mother arrived on a charter flight at 3 a.m., from California, Brown County Sheriff Rich Hoffmann said.

The Hausers return

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Leilani Neumann Found Guilty

Leilani Neumann, 41, who – along with her husband Dale – chose to pray for their sick daughter, 11-year-old Kara, rather than seeking medical attention, was found guilty of  second-degree reckless homicide in her death.  Madeline Kara Neumann of Weston, Wisconsin died of diabetic ketoacidosis in March 2008. For background details on this case click here and here.

It took the jury just 4 hours to reach the unanimous guilty verdict. Leilani Neumann faces a maximum of 25 years behind bars when she is sentenced. A date for the sentencing has not yet been announced.

Neumann Guilty

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The lawyer for Leilani Neumann, Gene Linehan, has promised to appeal the verdict and the case may well end up in Wisconsin’s Supreme Court.

On one hand, state law says parents such as Neumann whose neglect leads to a child’s death are guilty of homicide. Another statute, however, recognizes a parent’s right to practice faith healing.

Neumann found guilty

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The day after the verdict was announced Leilani’s stepfather Brian Gordon read a letter from Leilani, where it says God is helping her to get through this ordeal.

Neumann Speaks Out

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“My faith in God does not waver in the midst of this storm. We have peace in God regardless of the decision made yesterday. Our emotions do not hinge on how or if the rest of the world approves of our actions. We live for God’s approval alone,” said Leilani’s Stepfather Biran Gordon, who was reading a letter he says is by Leilani.

Leilani’s husband, Dale Neumann, 47,  faces the same charges as his wife and is scheduled to go to trial on July 23.

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The State vs Colleen Hauser

Colleen Hauser, 40, took her son Daniel Hauser, 13 – who is suffering from Hodgkin’s lymphoma – and fled the state of Minnesota in defiance of a judge’s order to have Daniel undergo chemotherapy.

Brown County District Judge John Rodenberg reacted by issuing an arrest warrant for Colleen Hauser and has ordered her son to be held in the custody of Brown County Family Services so that he may receive the chemotherapy.

The whereabouts of mother and son are unknown but they are believed to be heading towards Mexico in search of alternative treatment. The FBI, ICE and Interpol have joined the hunt and are on the lookout for the pair.

Danny Hauser

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The type of cancer that Daniel has – Hodgkin’s lymphoma – is considered to be a highly curable in children (around 90%), if treated with chemotherapy and radiation. If left untreated doctor’s say Daniel’s chances drop to around 5%. They consider it critical that Daniel receives treatment as soon as possible.

“It would be hard to tell you that each day is vital, but I think with each week that passes, there is risk that is being added to him,” said Dr. Joseph Neglia, head of pediatric oncology at the University of Minnesota Amplatz Children’s Hospital.

The Hausers are Roman Catholic and also believe in the “do no harm” philosophy of the Nemenhah Band, a Missouri-based religious group that believes in natural healing methods advocated by some American Indians.

Colleen Hauser testified earlier that she had been treating his cancer with herbal supplements, vitamins, ionized water and other natural alternatives. Daniel’s lymphoma was diagnosed in January, and six rounds of chemotherapy were recommended. He and his parents sought other opinions, but the doctors agreed with the initial assessment.

After going through one session of chemotherapy, Daniel and his parents testified that the chemotherapy made him sick, and that they feared it would ultimately kill him. Judge Rodenberg ordered the parents to have their son evaluated again. He wrote that he would not order chemotherapy if Daniel’s prognosis was poor. But if the outlook was good, it appeared chemotherapy and possibly radiation would be in the boy’s best interest.

The family was due in court Tuesday (5/19/09) to report the results of a chest X-ray and their arrangements for an oncologist. But only Daniel’s father appeared. He told Rodenberg he last saw his wife Monday (5/18/09) evening.

“She said she was going to leave,” Hauser testified. “She said, `That’s all you need to know.’ And that’s all I know.”

The family’s doctor, James Joyce, testified by telephone that he examined Daniel on Monday, and an X-ray showed his tumor had grown to the size it was when he was first diagnosed. He said Daniel was at risk of substantial physical harm and needed immediate action.

“He had basically gotten back all the trouble he had in January,” the doctor said.

Dr. Joyce testified that he offered to make appointments for Daniel with oncologists, but the Hausers declined. He also said he tried to give Daniel more information about lymphoma but that the three left in a rush.

Judge Rodenberg issued an arrest warrant Tuesday for Colleen Hauser and ruled her in contempt of court. Rodenberg also ordered that Daniel be placed in foster care and immediately evaluated by a cancer specialist for treatment.

State statutes require parents to provide necessary medical care for a child, Rodenberg wrote. The statutes say alternative and complementary health care methods aren’t enough.

He also wrote that Daniel, who has a learning disability and cannot read, did not understand the risks and benefits of chemotherapy and didn’t believe he was ill.

Daniel had earlier testified he believed the chemo would kill him and told the judge in private testimony unsealed later that if anyone tried to force him to take it, “I’d fight it. I’d punch them and I’d kick them.”

Danny Hauser cancer

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On Thursday, Anthony Hauser, pleaded for the return of his son. He asked his wife to do what’s best for Danny.

“If you’re out there, please bring Danny home so we can decide as a family what Danny’s treatment should be,” Anthony Hauser said in a brief statement to his wife, Colleen.

“I know you’re scared,” he said in his public plea Thursday. “I know that you left out of fear, maybe without thinking it all the way through. … We sure can’t do what’s best for Danny with both of you on the run so please give me a call.”

Phillip Landis, a leader in the organization, Nemenhah Band, joined Anthony Hauser in asking Colleen Hauser to return to Brown County with her son.

“Our counsel and our plea to Colleen is to come home,” Landis said in a news release. “There are better ways to handle this. Come home. Bring that boy home.”

When asked if Anthony Hauser’s public plea Thursday for his wife and son to return home had resulted in calls from Colleen, Sheriff’s Department Chief Deputy Jason Seidl said he couldn’t comment.

The sheriff’s office in Brown County, Minn., issued a felony arrest warrant Thursday for Colleen Hauser. The warrant was for deprivation of parental rights, and an earlier arrest warrant was based on a contempt of court charge. Brown County Attorney James Olson said the parental rights belong to Brown County family services, which was granted custody of Daniel to get him to a pediatric oncologist.

“If she comes back today or tomorrow, I would dismiss it,” Olson said of the charges. “The reason was not to punish her.”

Brown County Sheriff Rich Hoffmann also promised Colleen Hauser that authorities “will not take an enforcement action if you have shown a good faith effort to come back.” If convicted on the new charges, she faces up to two years in jail on each of two counts, plus fines. But authorities said they issued the new warrant mainly to ease her extradition if she is found in the United States.

Danny Hauser Search

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For a timeline of the Daniel Hauser story click here:

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Twins are Half Brothers

In order to understand the title, here’s a new term for you….heteropaternal superfecundation. What it means is that, Mia Washington, the mother of 11-month-old twin boys, was having an affair. The twins have different fathers.

After noticing physical facial differences between the two boys, Justin and Jordan; Mia Washington and her boyfriend, James Harrison, decided to take a paternity test. They went to Dallas DNA Lab Clear Diagnostics.

According to the paternity test, there’s a 99.999 percent chance Justin and Jordan do not have the same father, and zero percent chance they do. The lab has never seen this type of result, nor do they expect to see it again.

“It is very crazy. Most people don’t believe it can happen, but it can,” said Clear Diagnostics President Genny Thibodeaux.

Twins are Half Brothers

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When twins have two fathers, doctors call it heteropaternal superfecundation. It’s so rare; there are only a handful of documented cases in the world. Washington admits she had an affair that resulted in two babies, born at the same time, fathered by two different men.

“Out of all people in America and of all people in the world, it had to happen to me. I’m very shocked,” Washington said.

The medical marvel can happen when a woman releases multiple eggs during ovulation. If she has more than one sexual partner within the same time period, sperm cells can fertilize two separate eggs.

“Sperm can survive up to five days inside a woman’s body, so a woman could sleep with different men several days apart, and get pregnant not once, but twice.”

In the case of the Texas twins, there was never any health threat to the babies during the pregnancy because they were fathered by different men.

“It’s not a baby issue since they had different placentas,” Dr. Finkelstein, a Manhattan obstetrician, explains. “The two babies are totally separate entities. Babies can have different blood types even if they have the same father.”

Washington wants people to know she takes full responsibility for her actions.

“I’m trying to let everybody else know: Don’t put yourself in my shoes, because it can hurt and it does hurt, but you still have to go on with life,” she said.

James Harrison said he’s forgiven his fiancé’s infidelity and has vowed to stay with her and raise both boys as his own. However for the record Jordan is James’ son. Justin’s father is someone else.

“It’s a day by day thing. It’s going to take time to build that trust like we had,” James Harrison said.

Washington and Harrison also have more news:

“Five months ago we found out that I was pregnant again and our new baby is due to arrive in the autumn,” she told the Daily Mail. “Right now I’m fully committed to taking care of my family and making sure their needs are met. I can guarantee there’ll be no questions raised this time around.”

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Officer Wayne Simoes on Trial

It was on March 3, 2007 that Yonkers police officer Wayne Simoes,39, picked up a drunk, unarmed Irma Marquez, 44, and body-slammed her head-first into a ceramic tile floor so hard that she had to be hospitalized, receiving:

A head injury with related loss of consciousness, memory loss, a fractured jaw, two black eyes, facial contusions, severe swelling and bruising, hemorrhaging in both eyes, laceration to the nose, chin and mouth, neck and back pain, bruising and/or lacerations about the back, arms, hands, right knee, right leg, right hip, right breast and various other harms.

After the body-slam, officer Wayne Simoes then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct. On May 9, 2008 a jury acquitted Ms. Marquez of all charges. Irma Marquez has filed an $11.3 million lawsuit.

Wayne Simoes Charged

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In addition to the lawsuit, Wayne Simoes was arrested and indicted on federal civil rights charges that allege he assaulted Irma Marquez and violated her right against unreasonable force from a police officer. If convicted he faces up to 10 years in jail. That trial has just started (5/18/09).

In the White Plains courtroom on the first day of Wayne Simoes’ trial were his wife and parents. Also in attendance were several off-duty Yonkers police officers.

The first witness to testify was fellow police officer, John Liberatore, who was on the scene at the time of the incident. Irma Marquez’ niece was being attended to by medics. He (John Liberatore) testified that Marquez was drunk and concerned for her niece’s safety but had not threatened anyone and had not been warned she would be arrested.

He said he saw Simoes reach around Marquez’s waist from behind, lift her off the floor and throw her down, without losing his balance, slipping or falling. Liberatore said he turned to his partner and, using an expletive, asked “What the … just happened here?”

His partner “just shrugged,” Liberatore testified.

Prosecutor Benjamin Torrance told jurors that Simoes “deliberately, intentionally and powerfully threw Ms. Marquez into that floor.” He said that Marquez had done nothing to incur such force and that none of the other officers at the scene considered her a threat, allowing her to walk around freely as they investigated the brawl.

When she hit the floor, “the sound resounded throughout the room” and a pool of blood formed around her head, the prosecutor said.

Defense attorney Andrew Quinn offered the jury a different version of what happened. He told jurors that the video did not tell the whole story. He said the recording was a time-lapse video, with moments missing, and is not meant to be used to judge speed or force. He said it would show a different story when viewed frame by frame.  “We’re going to break this down for you,” Quinn said.

Quinn did, however, acknowledge that Marquez had been injured, but said she was “stumbling drunk” and getting in the way of officers trying to aid her niece. He said Simoes approached her and tried to handcuff her, but she pulled away. After she bumped into another officer, he said, she and Simoes went to the floor, with Simoes holding her and trying to avoid both a pool table and the injured niece on the floor.

“His intent was to control the situation,” Quinn said.

In a surprise move before the start of the trial, Assistant U.S. Attorney Anna Skotko said the prosecution won’t call Irma Marquez. She did not say why federal prosecutors would not be calling Marquez to testify. Simoes’ defense team expressed surprise at the decision:

“I’m at a loss to understand it,” lawyer John Patten said during a break. “It’s obviously a tactic by the government. My guess is they don’t want her to be questioned about her belligerence and lack of sobriety that night.”

The trial continues……..

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Man Hires Prostitute for His Son

A 42-year-old man, a native of Poland, living in Britain, decided it was time for his 14-year-old virgin son to have sex. So he took him out to look for a prostitute. He was arrested during an undercover operation by the city’s vice squad. His case was heard before Nottingham Crown Court Judge Jonathan Teare.

In court the man admitted trying to solicit a woman to have sex with a child.

According to Prosecutor Adrian Harris, the man drove his son around the red light district of Nottingham looking for a suitable candidate. They eventually found someone:

“The boy said that they had driven past the girl and his dad pointed to her and said ‘will she do?”‘ Harris said. “He said ‘yes’ and they had turned round.

Little did they know at the time that they had picked out an undercover police officer named “Sarah“. The man pulled up to “Sarah” and asked her how much it would cost for her to have sex with his son. They settled on a price of $30. That was when plainclothes police officers moved in and arrested him.

In court Judge Jonathan Teare was told the unidentified man who lives in Bulwell, Nottingham, had come to Britain 8 years ago with his son after his wife had died. He re-married but his second wife suffers from schizophrenia. The son told the court that his Dad was trying to “take care of  him” because he was still a virgin.

Judge Jonathan Teare said he would spare the father jail because of his excellent character and that he believed he did not mean any harm to his son.

“What you were doing that night was to expose your 14-year-old son to a prostitute because you didn’t know she was a police officer.

“You have a duty of care to your son and that is to look after his moral welfare not, as you might think, to break him into the ways of sex through a prostitute.”

The man’s lawyer, Matthew Smith, said:

“There is a thorough sense of shame the defendant feels. “It’s completely at odds with every other part of his character.”

The judge gave the man a 10-month prison sentence, suspended for a year and placed him on the  sex offenders register for five years.

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The Tornado Run

Ever wonder what it feels like to be in the center of a tornado? The amateur video below gives you a front row seat.This was taken in Novinger Missouri around 5:50pm 13 MAY 2009. Frankly, I can’t swear for the sanity of this guy but he got some great footage.

PS: DO NOT TRY THIS……EVER!!

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No Criminal Charges in Brett Elder Death

Bay County Prosecutor Kurt C. Asbury declined to charge any of the three police officers involved in the TASER-related death of 15-year-old Brett Elder on March 22, 2009.

It was Cpl. James Lyman who fired the Taser that struck Brett Elder, contributing to what the Oakland County Assistant Medical Examiner, Kanu Virani, called the accidental death of the teenager. The other contributing factor was alcohol-induced excited delirium syndrome. The teen had a blood alcohol level of .17.

Asbury, in a written statement said he won’t file criminal charges against any officers “as the evidence does not prove that the officers committed any criminal act that caused or contributed to the death of Brett Elder.“

Prosecutor Asbury said, “The unfortunate reality of the situation was that the underaged Brett Elder was very intoxicated drinkng the early morning hours of March 22, 2009, and wihtout any meaningful adult supervision or guidance, placed himself in a situation which resulted in his death.

He was highly agitated and combative, tried to start fights with numerous people, as well as the police officers called to the resience to deal with his ‘uncontrollable behavior,’ all which contributed to his untimely death.”

Several witnesses from inside the apartment said a police officer used a Taser on Brett Elder after police handcuffed him. Police deny that and Asbury’s summary indicates that wasn’t the case.

Asbury says police followed proper procedures and were justified in the Taser shooting of Elder.

A female had been attacked. “She reported that Mr. Elder put her in a head lock and started punching her in the face,” Asbury said.

There were eight people in the home, and others tried to subdue Elder. “So there were multiple altercations with this young man inside the house,” Asbury said. The three police officers arrived at the home about 3:45 am and for eight minutes they also tried to subdue Elder.

“They decided they needed to take him into custody,” Asbury said. “He broke away from the officer’s grasp and that’s when he put up his fists and put up a fighting stance.”

Brandon LaBerge, a friend of Elder’s says he was “pretty angry” about the fact that no criminal charges would be filed. He says he was like a brother to Elder in what he calls a makeshift family of friends and relatives who are still demanding justice.

“Someone needs to pay for it,” he said. “Our family is still sitting here scratching our heads, saying, ‘What’s going on?’”

In fact the Elder family had already hired a law firm which is expected to file a civil lawsuit in this case, now that the criminal aspect of the investigation is over. The team of attorneys – including Southfield lawyer Geoffrey Fieger and Flint attorney David Nickola – will be representing the estate of Brett Elder.

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Snake Bites Man’s Penis

Mr. Lin, 50, of Nantou County, Taiwan was bitten by a snake – on the penis – while using the toilet at home.

“I felt an excruciating pain in my lower body, like someone had stabbed me with a knife, shortly after sitting on the toilet bowl … I stood up immediately and saw blood oozing from my crotch,” the 50-year-old man, surnamed Lin (林), told reporters.

When he looked down into the toilet he found a large snake staring back at him from inside the toilet bowl. Apparently, the snake thought it had found a tasty morsel dangling, when Mr. Lin sat on the toilet seat, and decided to take a bite.

“I thought it might have been a poisonous snake. To prevent it from hurting anyone else I tried to flush the toilet several times but the snake would not go down the drain,” Lin said.

Failing to flush the snake down the toilet, Mr Lin shut the lid and went to the Puli Christian Hospital for treatment. When he arrived at the hospital, the doctors tried to determine what kind of snake had taken a bite of the man’s penis, so that the correct antivenin could be administered. Mr. Lin was unable to identify the type of snake.

The hospital then asked Mr. Lin’s neighbors to catch the snake. It turns out that the snake was a black and yellow, 170 cm (67 inches) long, Taiwan Beauty Rat Snake [Orthriophis taeniura friesi]. Fortunately, it was not poisonous or Mr. Lin would have been very lucky to be alive according to the doctors.

“As soon as he has passed the risk of infection, he can go,” the doctor, who declined to be named, said. “A snake’s mouth isn’t always clean.”

After being identified, the snake was released back into the wild.

Taiwan beauties are large non-venomous snakes that can reach up to 2m (6.5 ft) in length. The snake is a protected species, and are sometimes kept as pets by people.

Mr. Lin now has a phobia of toilets and will only use a newly purchased plastic toilet bowl.

No one is sure exactly how the snake found its way into the toilet, but the neighbors speculate that it might have entered the plumbing system through the septic tank, which has a cracked lid, and then swum up the toilet for air.

Mr. Lin seemed quite philosophical about the entire episode and offered this incite:

“It was the snake’s signal for help when it bit me. If it hadn’t, maybe it would have been stuck in the septic tank and either suffocated or starved to death. It looked like an accident but it was actually fate,” Lin said.

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