Tuesday, May 8, 2012

Mounting problems for Espada jury threaten to overtake trial

Last Updated: 11:55 AM, May 7, 2012
Posted: 11:51 AM, May 7, 2012
Pedro Espada
Riyad Hasan
Pedro Espada
The mounting problems inside the jury room at former New York state Senate Majority Leader Pedro Espada's corruption trial are overshadowing the start of the panel's second week behind closed doors and could result in a deadlock, if jurors are unable to reach an unanimous verdict, experts say.
Last week, notes sent out by the 12-member jury panel cataloged bitter accusations and counter-accusations that include charges that a lone juror has "refused to be open to deliberations" and another claim that no one has ever refused to deliberate on the embezzlement case leveled against the Bronx Democrat.
The bad blood has produced heated arguments, raised voices, profanity, insults and allegations of outright bullying, as the two-month long corruption trial in Brooklyn federal court nears the point of either resolution or outright implosion.
Heated emotions inside jury rooms have plenty of precedent, legal experts say, but the problems have reached a stage where Judge Frederic Block may be faced with two difficult choices if the panel cannot come to an agreement on the evidence.
"The judge is going to be walking a tightrope," said Ephraim Savitt, a former federal prosecutor who is now a prominent defense attorney.
Either the judge will decide that the jurors cannot reach a unanimous verdict and declare a mistrial, or he might find that a juror has refused to deliberate, remove the uncooperative panelist, and proceed with an 11-person panel, experts said.
But throwing a juror off a panel is problematic under federal law.
"It's not so easy to knock off a juror. A judge can get in trouble if he moves too quickly," said another defense lawyer who asked to remain anonymous.
Gregory Mize, a retired judge who teaches a course entitled "Jury Trials in America" at both the Georgetown and University of Virginia law schools, said that while jurists need to give a panel sufficient time to iron out their differences, charges of failing to abide by the rules requires action.
"When there's misconduct alleged, you have to do something about it," Mize told The Post.
Judges need to investigate allegations from jurors, while carefully avoiding questioning about the breakdown of the panel's votes.
"A court has to be very careful not to inquire about what is going on in the jury room. There's a sanctity about deliberations," Mize said.
Judges need to investigate claims "that a juror has refused to deliberate" in order to confirm that a panelist is indeed "someone who is not going to live up to their oath to deliberate cooperatively with other jurors," he said.
"I think any decision has to be founded on evidence," Mize said.
To do that, a judge must interview jurors and weigh observations about the particular panelists "statements and demeanor" to determine if there has been a tacit refusal to discuss the case, or conclude that the person has simply reached a different conclusion than the majority.
"It's a difficult call," Mize said.
On Friday, the judge interviewed a single juror in private and then gave the entire panel yet another pep talk, once again sending them back to resume their deliberations - as the closed-door drama played out for the entirety of last week.
The trial has focused on charges that Espada misused his chain of charity health care centers in The Bronx, which are largely subsidized by taxpayer money, to bill hundreds of thousands of dollars for lavish family vacations, home improvements, and high-end personal meals and pass them off as legitimate business expenses.
Today the discord may force the judge's hand.
If it doesn't appear that the jury is making progress towards a unified verdict, the judge may have to boot a juror off for refusing to deliberate, or possibly keep the panel together - with the likely result being a hung jury and a mistrial.
At this point, several knowledgeable observers believe it's unlikely - but not completely impossible - that the jurors will be able to resolve their differences themselves and reach an unanimous verdict.
If the jury deadlocks, then that means the Brooklyn US Attorney's Office would need to decide whether they want to try the case again at some point in the future before a different jury.
That would mean a complete redux - yet another two-month trial, replete with 77 witnesses and hundreds of evidence exhibits.
Savitt, the former Brooklyn federal prosecutor, says he has no doubt that the office would present the case again.
"Absolutely - without question. It's a high profile political corruption case. The US Attorney's Office always prioritizes cases of this sort," Savitt said.
Susan Necheles, Espada's defense attorney, declined to comment.
Whatever the outcome, Espada will still face a separate tax fraud case in Manhattan federal court at some point in the future.
Mize, the retired judge, said intractable problems with juries are rare but far from unprecedented.
"This is the overhead we pay for the priceless democratic administration of justice," Mize said.
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We’d retry Pedro: feds

Last Updated: 4:13 AM, May 8, 2012
Posted: 1:10 AM, May 8, 2012

He won’t be smiling for long.
Former state Senate Majority Leader Pedro Espada was beaming outside court yesterday as contentious jury deliberations in his Brooklyn federal corruption trial plodded along.
The disgraced pol took a leisurely stroll with his entourage and was able to enjoy a long lunch.
But his newly buoyed spirits will likely be short lived.
Prosecutors have vowed that if there is a mistrial, they’d retry Espada on charges that he used his Bronx health-care nonprofit as a personal piggy bank, sources said.
For the last two months, Brooklyn jurors have heard that Espada allegedly misspent hundreds of thousands of dollars from the nonprofit on lavish family vacations, home improvements and high-end personal meals.
In Bipartisan Spirit, Obama Makes Deal To Get Kicked In Balls

Sunday, May 6, 2012


As America Looks Ahead
by Daniel Rose


Serious unknowns face America in the years ahead, but one thing is certain—those societies able to enhance the human capital and social capital of their citizens will outperform dramatically those that do not.  The tangibles of mineral, industrial and financial capital will recede in importance relative to the intangible strengths of an educated, motivated, socialized and future-minded public, one that is ably led, with a generally-accepted vision of “the good life” and an ethos of personal responsibility—valuing both equality and excellence—one that encourages all to rise to the extent their talent and effort permit.

The undisputed American economic, military and geo-political primacy of 1945 to 2000 is now history.  We still have the world’s largest military, its reserve currency, most of its best universities and nearly a quarter of its economic activity; but important trends and forecasts have gone negative.  The world’s eight tallest buildings, seven longest bridges, six largest dams, most creative space exploration programs and cities with highest broadband connectivity and fastest Internet service are now overseas and the best stem cell research and work on renewable energy are not taking place in America. Sadly, other nations are coming to value higher education more than we do.    Traditional American optimism is giving way to widespread foreboding, and our tax-conscious public seems unwilling to pay for necessary investments in education or infrastructure. Today, nations with larger populations, more effective leadership and more prudent allocation of their resources present competitive challenges that must be acknowledged.

That challenge can be met by an American public that is better educated and vocationally trained than its competitors, one that works smarter and harder, that has the necessary technological and social capital and whose goal is to increase productivity and to raise living standards for all.  At the moment,  our fiercely partisan leadership across the political spectrum focuses on immediate electoral issues at the expense of the longer term; social issues, such as contraception, abortion or gay marriage, threaten to displace serious economic discussions dealing with our aging population, our skyrocketing medical costs or the necessary investments in education and infrastructure we must make to secure our future.  And no one has the courage to face frankly the unsustainable unfunded pensions of our government employees.

The biblical Joseph’s dream of “seven fat years” followed by “seven lean years” may be upon us, and in the period of austerity we are entering, harnessing our national brain power is more important than ever.  Yet today public colleges in Florida and Texas are eliminating departments of engineering and computer science, and 4l states have made large cuts in their education budgets.

In 2008, 56% of the world’s engineering degrees were awarded in Asia vs. 4% in the U.S.  In 2009, 64% of U.S. doctoral degrees in engineering went to foreigners, chiefly from Asia, who are then forced by our immigration laws to return home.  U.S.-based companies like 3M, Caterpillar and General Electric, now global, have spent billions of dollars expanding their overseas research labs.  “Given the moribund interest in science in the U.S., this is strategically very important,” says 3M’s Chief Executive George Buckley.

A nation proud of Thomas Edison, Alexander Graham Bell, Eli Whitney and George Washington Carver (names unknown to most high school students today) must look to its laurels.  Today, that requires “mind workers” who process information.
For America to regain its forward momentum, we must understand why our national median wages have been stagnant for decades, why our students rank poorly in international academic ratings and why 75% of our young adults do not qualify to serve in our military, why our national transportation infrastructure is outclassed by international standards, why so many of our “best and brightest” college students now choose careers on Wall Street rather than become engaged in the productive world.  (46% of Princeton’s class of 2006 entered finance.)
  
Fresh thinking is required and outdated “conventional wisdom” must be discarded.  For example, we must begin to think of under-educated or vocationally untrained young people as potential national assets whose flowering will benefit the nation at large, not only themselves, as they become “taxpayers” rather than “tax eaters.”  We must recognize the relevance of Schumpeter’s theory of “creative destruction,” in which “old” jobs must yield to “new” jobs with more demanding requirements.  Our dysfunctional, gridlocked Congress must face our pressing need for a national industrial policy and a national trade policy that will permit us to retain high-paying jobs supplying the needs of the growing middle classes of the BRICs (Brazil, Russia, India, China). The leaders of our industrial trade unions must understand the constructive role they can play in restructuring our labor policies (stultifying work rules, onerous jurisdictional disputes, etc.) to keep our American industries internationally competitive.  College leaders must give us a “bigger bang” for our educational buck; financial leaders must prudently channel our nation’s savings into productive uses that keep our economy growing; and political leaders must encourage the proceeds to be applied wisely and fairly.  We must balance the tension between short term self-interest and long term national interest, between the demands of the young and the needs of the old, and we must not forget Oliver Wendell Holmes’ sage observation that “taxes are the price we pay for a civilized society.”  Transcending our petty tribalisms of color, religion and ethnicity, we must aim for a meritocracy of true accomplishment; and all our young people should be encouraged to aim high and to prepare themselves for futures that are demanding and rewarding.

Most importantly, a dynamic, skilled and productive middle class is clearly the key to national well-being, and we must do all we can to reproduce, sustain  and expand ours.  Today our middle classes are threatened by two important factors:  a) increasing automation, which is performing ever more complex human functions, and b) globalization, which encourages the work traditionally performed by the developed world’s middle classes to be undertaken more cheaply elsewhere.

For the first time, Americans are starting to look over our shoulders to see how other nations meet these challenges.   In rethinking the training and apprenticeship policies of our industrial work force, we can learn from Germany.  In rethinking our narcotics policies on addiction, incarceration and rehabilitation, we can learn from Sweden.  In rethinking the selection, training and retention of our public school teachers, we can learn from Finland.  In rethinking our early childhood practices, we can learn from French crèches and ecoles maternelles.   In rethinking our national pension practices, we can learn from Australia and Chile.  In rethinking our approach to transportation infrastructure, we can learn from the developing nations of Asia.  In turn, if we can ever create a health delivery system that is cost-effective, efficient and whose financing is actuarially sound, we can show the rest of the world how to do it.

Singapore in the East and the Nordic countries of the West, though demographically small and relatively homogeneous, are increasingly setting the standards by which the “success” or “failure” of a society is measured today, when knowledge and skills are the new global currency; and Americans are taking heed.  International competition in results will encourage critical examination of means, and America will profit from being forced to view with fresh eyes practices, concepts and policies that we have previously taken for granted. 
When Americans learn, for example, that 15 year olds in Finland have the world’s highest standards in reading, math and science, they should also recognize that teaching in Finland (at all levels) is a high prestige profession, and that it is as hard for Finns to win a place in a teacher training course as it is to get into law school or medical school.  No Finn can teach high school math, chemistry or physics without having majored in those subjects.  Starting teachers in Finland receive pay roughly equal to those of starting doctors or lawyers, and their careers are respected and rewarding.  (And 98% of Finnish children attend excellent—and free—pre-school programs.)
 
In New York City, by contrast, too many of our public school teachers come from the lowest quartile of their classes in the least prestigious municipal colleges; they are hired with dismally low standards and are granted tenure with just three or four years in the classroom.  New York’s teachers’ unions fight fiercely against reasonable teacher evaluations; for poorly performing teachers, the union demands arbitration and appeal procedures that can keep even alcoholics, suspected felons, sexual predators and violent offenders in the classroom (or at the least on the payroll) for years.  Few low-performing teachers are actually fired; the best teachers are often not rewarded nor retained.  (Outstanding, dedicated teachers struggle under great handicaps.)    Correlation is not the same as causation; but does ineffective teaching relate to the 84% rate of New York City public high school graduates requiring remedial courses in math, reading and writing when they enter CUNY community colleges?

“American exceptionalism” has been real—reflected in John Winthrop’s vision of a “city on a hill,” in Tocqueville’s portrayal of our unique communal spirit of mutual assistance, in our unparalleled philanthropic traditions, in our culture of risk-taking and innovation, in magnificent national gestures like the Marshall Plan, in our world-leading universities and research institutes that produce our continuing dominance of Nobel prizes; and it can continue if we will it.  Until recently, we led the world in social mobility, in the quality of our free public education, in the optimism and self-confidence of our public and our trust in our institutions; and these can be regained.

To do so, we must re-orient current public discourse which, sadly influenced by ideologically-driven foundations and their think tanks, sees “government” as an impediment, “taxes” as an unjustified imposition, unlimited political “contributions” justifiable as free speech, unregulated free markets as the ideal economic vehicle and great socio-economic disparity as the necessary Darwinian side-effect of a dynamic society.  In all these areas, reasoned discussion rather than acrimonious polemic should prevail, and thoughtful political compromise should be seen as reflecting prudence rather than cowardliness.
 
In reviewing American standings in contrast to the rest of the developed world, three areas in particular cry out for fresh thinking:  1) personal development (schooling and vocational training, along with psychological preparation for a full life); 2) prison incarceration (who goes to jail and what transpires there); and 3) immigration (who enters the country and with what ramifications).  Other problems deserve attention, of course; but these three are the “low hanging fruit” which, if
dealt with effectively, will have profound effects on the future of American society.

A) Personal Development

Most Americans feel they have the opportunity to achieve their potential; those who do not deserve more attention, for their benefit and for ours.

All the complex factors that make us who we are, are what Americans simplistically think of as “education,” with the child widely seen as a passive recipient of what a teacher drops into an outstretched hand.  Crucially important parental cultural influences from birth through age three are widely ignored.  Our educational establishment’s hypersensitivity to charges of “blaming the victim” (e.g. William Ryan vs. Daniel Patrick Moynihan) encourages us to ignore or minimize such home influences, along with the later ones of peer pressure, community values and role model examples of family members and neighbors.

One notable exception, Nobel Laureate James Heckman, writes, “If I am born to educated, supportive parents, my chances of doing well are totally different than if I were born to a single parent or abusive parents.”  Extend that differential to the child of a semi-literate, traumatized and emotionally withdrawn 14 year old single mother vs. the child of two well-educated parents who from birth talk, sing and read to their child.  Imagine both children entering  the same school in the same class.  If the children react differently to the school experience, it is common today to blame the school, although studies show one-third of the later “achievement gap” is present at the start of the first grade.  (All studies show that children raised in a home with two biological parents do better in school and in life.)

As children age, some parents express high expectations, praise achievement, devote parental time and resources to the child, speak to the child frequently in grammatically correct and expressive language, dine with the child in a congenial family setting, serve as positive role models themselves.  Others either do not or cannot.  Since these factors defy easy measurement, social scientists tend to downplay or discount them.

As the child continues to grow, community values come into play.  For example, drug dealers with fancy clothes and expensive cars may be seen as those to emulate, or they are not.  Teenage unmarried mothers and high school drop-outs are seen as embarrassments to their families, or they are not.  Religious leaders and important community figures praise sustained, self-disciplined effort toward long term goals, or they do not.  And lo and behold!  A child emerges from adolescence ready for a productive, fulfilling life, or does not.

What next, college?  The Department of Education reports that more than 500,000 American students who want to go to college have no access to Algebra II classes; more than two million would-be college students have no access to Calculus classes.  And as the cost of college rises, public support for it wanes.

Our education problems are serious.  Many on the Left refuse to acknowledge that teaching should be a high-skill, high entry level profession; many on the Right, to save taxpayers’ money, attack Pell Grants, scholarships and student loans, not realizing that in doing so we are “eating our seed corn.”  Yet “advocates for the children” are virtually silent.

Do schools help?  Of course, especially those with great teaching—but  we forget that “teaching” is what someone does at a chalkboard, while “learning” is what takes place in the head of the child, a process vastly more complex than we acknowledge. 

We are all creatures of habit, subject to the influence of those around us.  Inculcating life-enhancing values and habits and exposing children to constructive role models are continuing challenges.  McGuffey’s Readers, the Autobiography of Benjamin Franklin, the mythic stories of George Washington and the cherry tree or Abe Lincoln learning to write with charcoal on a shovel helped form American values of the past.  What are our equivalents today?

Every nation has some dysfunctional segment of its population “out of the mainstream.”  British physician Theodore Dalrymple’s important book Life at the Bottom portrays those in England whose economic poverty is relative, not absolute, but whose mental, cultural, and spiritual impoverishment is a charge against their society.  Their nihilism, self-destructive patterns of behavior and social pathologies reflect a mindset in which they see themselves as helpless victims of circumstance, with no feeling of personal responsibility.  Living in an eternal present with no sense of the future, they not only deride schooling for themselves, but attack those who seek it.  Babies for some of Dalrymple’s dysfunctional teenage girls are like pets for amusement or vehicles for their sense of self-importance or an economic “meal ticket.”  Many other teenage single mothers, Dalrymple recounts, want to be good parents but  don’t know how; they don’t understand the difference between “taking care” of a child and “raising” a child. 

Dalrymple despairs of Britain’s ability or will to solve these problems.  In the 21st century, America must resolve to face our similar social and cultural problems, to deal resolutely with them and to solve them.  Appropriate education is a crucial first step—pragmatic experience shows that education is not a consumable that “costs,” but a matchless investment that “pays,” not a zero-sum game of taking from Peter to benefit Paul but a positive-sum game in which everyone wins from a better educated public.

There will always be differentials of achievement because of varying levels of ability, imagination, energy, ambition and effort.  In the society we seek, however, one in which everyone can read, write and count, and all are exposed to as much formal education and vocational training as they can absorb, productive and fulfilling careers can and should be available to all. 

Nobel laureate Edmund Phelps’ important book, Rewarding Work, discusses employment as a chief source of an individual’s personal and intellectual development, a potential source of pride (Thorsten Veblen’s instinct of workmanship) and of self-esteem (Ralph Waldo Emerson’s self-reliance).  Providing jobs (for earning one’s way) vs. providing benefits (in a culture of dependency) is a major challenge, especially for the “working poor” who deserve encouragement and help.  “Producers” have a different mindset than “dependents.”  If we provide employment opportunities for those ready, able and willing to work, we can recall that our Founding Fathers felt responsible not for our “happiness” but for our “pursuit of happiness.”

B)  Prison Incarceration

America has 5% of the world’s population and nearly one quarter of its prison inmates.  Germany, by contrast, has 93 people in prison per 100,000 of population, while America has eight times that rate, or 750 in jail per 100,000.  Yet no one feels safer in Chicago or Boston  than in Berlin or Frankfurt.  Furthermore, over half those in New York State prisons are recidivists—back again after we have had a chance to “enter their lives.”  The American criminal justice system clearly needs rethinking about those we arrest and about what happens to those imprisoned.  The Collapse of American Criminal Justice, by Harvard Law School Professor William Stuntz, provides a good overview of our problem.

To begin with, we must understand that the same well-intentioned mindset that dealt with alcoholism by instituting Prohibition (1920-1933)—with its criminal aftermath—conjured up our badly thought out and ineptly implemented War On Drugs—with its unintended but destructive consequences.  In one of life’s great ironies, certified liberals like Joe Biden, Rahm Emanuel and Eric Holder have endorsed incarceration practices that have devastated our inner cities—more than half of all black men without a high school diploma go to prison at some time in their lives.

Second, the quintessentially American application of technology to crime prevention (primarily the inspired work of New York’s Jack Maples’ and Bill Bratton’s CompStat, implementing James Q. Wilson’s “broken windows” theory) has increased police efficiency significantly but with unforeseen social ramifications. 
Put these two factors together and the following facts evolve:  A) arrests for marijuana possession in New York went from fewer than 5,000 in 1993 to over 50,000 in 1999; arrests for gambling and prostitution remained unchanged.    B) Marijuana use, studies show, is significantly higher among whites than among blacks, and much higher for whites than Latinos.  C) Blacks, who comprise 28% of New York’s population, account for 52% of the city’s
misdemeanor marijuana arrests, with non-black Latinos accounting for 31% of arrests.  Whites, with 35% of the population, had fewer than 10% of marijuana arrests in the years 2004 to 2008.

One conclusion obvious to a growing number of observers is to call for the legalization—but high taxation—of marijuana, a substance all studies show to be no more harmful than tobacco or alcohol.  (Sixteen states have legalized marijuana for medical use, and over a dozen more have such legislation pending.)  Nationally and internationally (Mexico being a prime example), the War On Drugs as presently conducted has been a failure, and it must be reconsidered from all standpoints.

Another conclusion, since data does show that marijuana arrests do indeed relate well to catching violent criminals, is to encourage serious, constructive dialogue on “stop and frisk” and similar controversial matters between the police and the inner city community, which is more afflicted by violent crime than other areas, with staggering “black on black” homicide rates.  Insensitivity by some over-zealous (and sometimes racist) police and hypersensitivity by some in the inner city are an explosive combination.
 
Some paranoid intellectuals (e.g. Michelle Alexander in The New Jim Crow) see the whole criminal justice system merely as a vehicle to oppress blacks; they make little effort to understand the problems of the police or to seek constructive solutions, such as more effective “community policing.”  Public safety, on the one hand, and proper respect for the public, on the other, are each important “rights.”  That is why the ancient Greeks defined tragedy as “the conflict between two rights.”  Those who decry the use of metal detectors in schools, for example, must reflect on the impact of lethal hand guns and switch blade knives in those schools.

The recent widely-publicized issue of Afrika Owes and  Central Harlem’s 137th Street Gang is a profoundly thought-provoking example of the breakdown of real world, effective communication between the inner city and the police.  Fact A) after the arrest and conviction of the 137th Street Gang, homicides in the
police precinct dropped from 11 to one, yes, from 11 to one in a year.  Fact B) Afrika Owes, the moll of the gang leader, was recorded on her cell phone planning to bring guns into Rikers Island and told to “shoot to kill” if stopped.  Fact C) well-known leaders in the Harlem community rose to her defense; the Abyssinian Baptist Church posted her $50,000 bail; and Congressman Charles Rangel spoke on her behalf, saying, “Anyone can make a mistake.”  Fact D) nowhere in the local press was there any comment on the viciously destructive role of the 137th Street Gang in the life of Central Harlem.  The police and the courts were universally cast as the “heavies” for doing their job in protecting the public.  In public discussions it is as if one side speaks Urdu and the other side Esperanto, with little mutual understanding.  (A more promising sign was the recent arrest of a narcotics gang working out of a West 132nd Street Harlem furniture store—on complaints from neighbors.  The creation of the Brooklyn Black Clergy—NYPD Task Force on Crime is another.)
   
“Best practices” in criminal justice internationally treat drug use as a public health problem, with free detoxification programs for addicts; drug sale is treated as a serious criminal problem.  First offenders are segregated from hardened criminals and are taught (if necessary) to read, write and count before release.  Vocational training as auto mechanics, pastry chefs, refrigeration and air conditioning repair personnel, etc. is provided.  The remarkable rate in Nordic countries in successfully rebuilding lives and in turning dysfunctional addicts into productive citizens is impressive.  The financial return to any society on investment in “human capital” for first offenders is immense—for the former prisoner (whose life is turned around), for the taxpayer (fewer expenditures, more receipts) and for the public (reduced crime).

Many excellent studies have made practical, constructive recommendations for U.S. reforms.  Decriminalizing marijuana possession heads most lists, followed by: converting drug possession crimes to misdemeanors or civil penalties (e.g. California in 2010, Kentucky in 2011); limiting pre-trial detention to those who pose high threats to public safety; eliminating mandatory minimum sentences; reclassifying low level felonies to misdemeanors; and total rethinking of parole practices.

No society wants to encourage drug addiction, but no society wants the appalling impact of violent and corrupting drug cartels or drugs’ devastating impact on the lives of the poorest.  The presidents of Guatemala, El Salvador, Costa Rica and other Latin American countries have pleaded with the U.S. to rethink its drug laws, and they are right.

The U.S. rate of homicide and of gun ownership are other scandals.  Gun lobbyists have made certain that these issues receive little objective public attention or discussion.  Guns are more easily available in the U.S. than anywhere else in the world, including hand guns and automatic weapons like those used in prominent recent mass murders; and this is reflected in our homicide rates which, though recently declining, are still “off the scale.”  Ownership of hand guns and automatic weapons is largely a “non-issue” in American life.  Our Constitution protects “the right to bear arms” just as it does “free speech.”  Libel, slander and shouting “fire” falsely in a crowded theater are prohibited, however, and so should be brandishing a loaded submachine gun.

After the assassinations of John F. Kennedy, Martin Luther King and Bobby Kennedy, and the shooting of Ronald Reagan and Gabrielle Giffords, it is hard to believe that some states (such as Alaska, Arizona, Vermont and Wyoming) require no permit at all to harbor a hidden weapon.  Thanks, National Rifle Association.

C) Immigration

A country that calls itself “a nation of immigrants” is hard-pressed to address calmly and rationally a subject with such emotional baggage.

On the one hand, we forget the “No Irish Need Apply” signs, the restrictive covenants against Jews, the Chinese Exclusion Act, etc.—all aimed at people whose children and grandchildren became full-fledged, productive citizens.  (The current governor of Maine, a Republican leading the battle against immigration, is a direct descendent of French Canadians whose entry into America was fiercely opposed by his predecessors.)  On the other hand, today’s immigrants are seen by some as competitors for jobs or as expensive public charges.

Emma Lazarus’ verse inscribed on the base of the Statue of Liberty was written in 1883, when the tired, poor “huddled masses yearning to breathe free” were welcomed as cheap labor for an expanding economy.  Frederick Jackson Turner’s “frontier thesis” was put forth in 1893, when the West, still open to settlement, was the home of rugged individualism, personal initiative and personal responsibility.  Today, the American taxpayer is increasingly reluctant to pay even for increased educational opportunities or social uplift for the deprived in the “hollows” of our rural South or our Northern inner cities, let alone pay for services to immigrants.  The time has come for us to ask, “Which of the seven billion people beyond our borders should we admit to U.S. citizenship—and for whose well-being should we accept responsibility”?

Sealing our now-porous borders seems a “no-brainer.”   Encouraging the entry of immigrants we want and  facing frankly the challenge of the eleven million-plus undocumented immigrants already here are others.

For the undocumented, those who unlawfully entered the country, pragmatism, common sense and a realization of the profound social upheaval attendant on any other solution would seem to lead to a logical conclusion: granting some form of amnesty, mandatory registration of aliens, and a procedure by which undocumented persons living here productively for a certain number of years—avoiding serious crime, paying taxes and not becoming public charges—could  become legal citizens, with (hopefully) educated, upwardly mobile children.  “Bad eggs” could be deported.

Thereafter, immigration could be limited to individuals meeting appropriate standards of education and skills, or with vocational abilities of value to the U.S.  And, importantly, severe penalties should then be imposed on employers of future undocumenteds.

Undocumented immigrants reflect a large percentage of adults in America not possessing a high school education, with little command of English and with major handicaps to their
advancement.  It is clearly in the best interests of the American public, as well as of the undocumented, to help them become full-fledged, productive members of society.

The third best financial investment ever made by the United States government was the G.I. Bill, providing for educational expenses of our WWII veterans (the best investment was the Louisiana Purchase and the second best the purchase of Alaska).  Case studies of the lifetime earnings and lifetime income tax payments of identical twins, one of whom went to school on the G.I. Bill and the other of whom did not, show a large return to the government on the funds invested.

There may be a better formula for achieving national well-being than  by enhancing the “human capital” and “social capital” of all its citizens; but if so, it is a closely guarded secret.

Conclusion:

America of the future will be what we make it.

We can choose to go the route of recent failed societies—self-indulgent, ignoring future rewards for present benefits, demanding more from the economy than it can afford, treating tax evasion as a great game (distinguishing public from private morality), focusing on narrow self-interest rather than on the common good, with the richest and most powerful “gaming the system” for their own benefit.

Or, with renewed acceptance of our traditional “social contract,” we can revert to an appropriately modified version of America’s historic ethos—one that values hard work and savings, character and competence; that willingly sacrifices luxuries today for a better life for our children tomorrow; that is proud of contributing to the common good and that has trust in the integrity of our institutions and our leaders.  That ethos sees universal education as the vehicle for general upward mobility, with “need-blind” admission as a goal.  “And, yes,” Americans have traditionally thought, “I am my brother’s keeper!”

Equality and excellence are not mutually exclusive, and a healthy society reflects both.  Equal access to public goods—education and health, museums and libraries, parks and playgrounds—does not require neglect of the needs of outstanding individuals whose  achievements are national treasures.  How to identify, encourage and reward such greatness, while providing opportunity for all, is a continuing challenge.

America today is at a major inflection point, as it faces a changing world beyond our borders and complex new factors at home.  The more wisely we set our national goals; the more prudently we allocate our resources—human and material; the more effectively our political system adjusts to our emerging challenges at home and abroad, the brighter that future will be.

The difficult choices we must make require more thoughtful, measured considerations than we are devoting to them.  Our transition from creditor to debtor nation and from budget surpluses to massive deficits will force prudence on us.  For example, our public must demand from our legislators some commonsense balance—between the unrealistic profligacy of a California and the stingy backwardness of a Mississippi. 

In an increasingly complex world, less government is probably not feasible; but more transparent, more efficient and more publicly responsive government certainly is, if not corrupted by the legal bribery of improper political “contributions.”

Our hope must lie with the Internet Generation, those young people who will one day pay the bills acquired when we cut taxes as we increased military spending, stopped investing in infrastructure and promised government workers pensions we cannot afford.  Opinion polls say the young understand better than we do that productive free markets must work along with government, that our political institutions must regain public confidence, that taxation must be rationally apportioned, that we are not only heirs of the past but stewards of the future.

The young are our “stewards of the future,” and our hopes are with them.


(Daniel Rose’s talks may be found on www.danielrose.org

Saturday, May 5, 2012




On the Day Monserrate Plea Guilty For Ripping Off Member Items $$$ Bloomberg Calls For More Pork
Mike wants more pork!(NYP) An apostle of good government, Mayor Bloomberg yesterday called for more pork and overseas junkets to break the logjams in Washington.

Monserrate diverted more than $100,000 in city funds to support unsuccessful 2006 election bid
Monserrate Pleads Guilty to the Misuse of City Funds(NYT) Monserrate, a former city councilman, asked the Council for discretionary funds for a nonprofit organization, and used some of the money to benefit his campaign. Former Queens Pol Monserrate Pleads Guilty To Fraud Charges(NY1) * Pol Hiram Monserrate pleads guilty to fraud(NYDN) * Monserrate admits corruption, faces prison(CrainsNY

Not One Newspaper Has Asked Quinn About Former Head of Monserrate's Libre Councilmember Julissa Ferreras Involvement in Stealing City Funds
 


What About Councilmember Julissa Ferreras Involvement in Libre?

Queens Group Spent City's Cash, but Has No Receipts Showing

Several members of Monserrate's legislative staff have also worked for LIBRE, including City Councilwoman Julissa Ferreras, who was once his Council chief of staff. Ferreras was LIBRE's chairwoman for a time, when it handled a program to register 1,000 voters. A source familiar with the probe said LIBRE workers turned over registration cards at the last minute to keep his competitors in the dark.
 

Ethics Panel Fines Espada $80,000

The commission on Friday ordered former State Senator Pedro Espada Jr. to pay $80,000 for violating state law by hiring his uncle.

Off to the slammer

Corrupt Hiram guilty

Last Updated: 5:01 AM, May 5, 2012
Posted: 2:28 AM, May 5, 2012

Finally!
A crooked pol who avoided prison time for beating his girlfriend won’t catch the same break for swindling city taxpayers.
Disgraced ex-state Sen. Hiram Monserrate pleaded guilty yesterday to corruption charges yesterday in a deal that calls for him to spend 21 to 27 months behind bars.
Monserrate, 44, admitted scamming more than $100,000 in City Council “slush” funds approved by Speaker Christine Quinn to help fund a failed campaign for higher office while he served on the council in 2006.
Reading from a prepared statement, Monserrate said he got the city to fund a nonprofit known as the Latino Initiative for Better Resources and Empowerment, or LIBRE.
FRAUD: Hiram Monser-rate (above) leaves court yesterday after pleading guilty to using city funds authorized by Speaker Christine Quinn for his election campaign.
Dan Brinzac
FRAUD: Hiram Monser-rate (above) leaves court yesterday after pleading guilty to using city funds authorized by Speaker Christine Quinn for his election campaign.
Christine Quinn
Christine Quinn
The group got about $300,000 in public money during 2005 and 2006, ostensibly so it could work with “churches, civil- rights organizations and community organizations . . . to counsel and assist individuals to secure their legal rights.”
“I subsequently agreed with a LIBRE employee that LIBRE would use some of those discretionary funds to do certain things that I knew would benefit my campaign,” Monserrate said in Manhattan federal court.
“And this activity was not disclosed to the City of New York.”
He added: “At the time, I knew that this conduct was wrong and not legal, and I take full responsibility for my actions.”
Monserrate’s admissions came after prosecutor Brent Wible detailed his crimes, which included paying the salaries of “certain LIBRE employees who spent most, if not all, of the summer of 2006 working on his campaign” for the state Senate.
In addition, the Queens Democrat used taxpayer money to fund a “politically partisan voter-registration drive,” and paid people to circulate petitions to get him a spot on the Democratic primary ballot, Wible said.
Wible also outlined the mountain of evidence against Monserrate, saying two former executive directors of LIBRE were prepared to testify against him, along with several former members of his council staff and “a number of residents of Queens” who were paid by LIBRE to conduct campaign work.
Monserrate narrowly lost his 2006 bid for the state Senate, but won the seat two years later.
He was booted from office in 2010 after being convicted of roughing up his girlfriend during a jealous rage.
He was sentenced to three years’ probation, fined $1,000 and ordered to undergo domestic-abuse counseling and perform community service in that case.
Monserrate had been scheduled for trial in June on charges of conspiracy and mail fraud, which each carry a maximum 20-year prison sentence.
Judge Colleen McMahon, who noted that she isn’t bound by terms of the plea deal, scheduled sentencing for Sept. 14, and allowed Monserrate to remain free on $500,000 bond.
Monserrate, who wore a navy suit and sported a fresh haircut, declined comment afterward, and went to the courthouse cafeteria with his court-appointed lawyer for a lunch of tuna salad over greens and hard-boiled eggs.
Monserrate is still on probation until Dec. 4 for assaulting girlfriend Karla Giraldo, but he won’t face any consequences for yesterday’s guilty pleas because the charges covered “an event that occurred prior to his being sentenced to probation,” Probation Department spokesman Ryan Dodge said.
bruce.golding@nypost.com

Read more: http://www.nypost.com/p/news/local/queens/off_to_the_slammer_aB1duqC8RIGVjACqIciL6K#ixzz1u0ORN22j

Friday, May 4, 2012

Jurors fight during deliberations in Espada trial

By MITCHEL MADDUX, KEVIN SHEEHAN and DAN MANGAN 

Last Updated: 4:54 PM, May 4, 2012
Posted: 4:12 PM, May 4, 2012
Ex-state Sen. Pedro Espada Jr.'s embezzlement trial today again turned tumultuous as a jurors told the judge that another juror has "screamed, cursed” and called a third juror names – and earlier had vowed that "deliberations better not take more than one day."
"It feels hostile and . . . being bullied due to different views,” the juror wrote in a bombshell note to Brooklyn federal court Judge Frederic Block.
The note comes two days after several jurors told Block that one juror had "refused" to deliberate about the criminal charges against the former Bronx political powerhouse Espada since virtually the start of deliberations last Monday.

Gregory P. Mango
Pedro Espada, Jr.

That note Wednesday lead Block to admonish the entire jury that it was their obligation to fairly evaluate the evidence and deliberate by listening to each other.
Today's note said, "One particular juror [wanted] to leave even before” Block gave the jury its charge on Monday.
“That juror has stated this deliberation better not taking more than a day [sic],” the note said.
“This particular juror screamed, cursed, name call another juror on day two,” the note said.
After receiving the note, Block spoke privately to the juror who wrote it, out of the public’s presence, and then afterward called out the entire 12-member jury to speak to them.
Block alternately praised them for wading through a slew of exhibits they have requested to see, and cautioned them against getting too heated in their deliberations.
"Sometimes I walk by the jury room and I hear raised voices," Block told them. "I think it's terribly important in the heat of the moment to be civil to each other.
"Continue with your deliberations and just cool it and keep the volume down," the judge said.
"I'm very proud you're working so hard on the case," he said. "Keep up the good work and continue deliberating."
Block sent them back to the jury room to continue what little was left of the day, which was already due to end early, at 4:30 p.m., because one of the jurors had a family emergency.
Espada and his son Pedro Gautier Espada are accused of looting Soundview Healthcare Network – the Bronx health charity Espada Jr. founded decades ago – of hundreds of thousands of dollars by having the non-profit pay for their lavish personal expenses, which are described or accounted for as legitimate business expenses.

Will Kelly Run for Mayor? One Candidate Tires of Talk

The Democratic mayoral candidate William C. Thompson Jr. said that it was time for Raymond W. Kelly, the popular police commissioner, to “make a decision.”

Judge declines to put wrap on Pedro's yap 

Espada allowed press conferences outside courthouse

Comments
Pedro Espada Jr.

Bryan Pace/for New York Daily News

Pedro Espada Jr. has gotten a judge's okay to hold press conferences outside courthouse.

FEDERAL PROSECUTORS tried — and failed — to put a muzzle on Pedro Espada Jr. on Thursday while a jury deliberates embezzlement charges against the ex-state senator.
Assistant U.S. Attorney Roger Burlingame — seeking to put a stop to Espada’s press conferences outside the Brooklyn courthouse — alerted the judge that jurors could be exposed to Espada’s comments at a sensitive stage in the seven-week trial.
But Judge Frederic Block refused to tell Espada to shut up. “I think he’s entitled to have all the press conferences he wants,” Block said. “My job is to make sure the jury doesn't hear about it.”
Espada has been ranting against Gov. Cuomo since the Daily News reported Wednesday that Espada’s Soundview Health Center stopped treating patients due to serious cash-flow problems.
Espada and his son Pedro Gautier Espada are charged with looting more than $600,000 from the Bronx nonprofit for personal expenses.
Minutes after the judge gave the OK to press conferences, Espada went outside and bashed the governor some more in English and Spanish, then spoke to reporters again after the jury was dismissed for the day. “I want 12 jurors with me!” he proclaimed.
After a rough day on Wednesday, the jurors appeared to have put their squabbling aside, requesting more than two dozen exhibits to review. Six jurors had signed a note on Wednesday accusing a fellow juror of refusing to deliberate.
One juror wore a large, floppy hat pulled down over her face when she passed the bank of TV cameras.
“The jury is obviously revisiting the entire case, step-by-step, piece-by-piece,” Block said.
jmarzulli@nydailynews.com
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Read more: http://www.nydailynews.com/new-york/judge-declines-put-wrap-pedro-yap-article-1.1072359#ixzz1tuA8woV8

Pedro jury knuckles down after scolding

Last Updated: 7:01 AM, May 4, 2012
Posted: 1:44 AM, May 4, 2012

Back to work!
Deliberating jurors in the embezzlement trial of former Bronx political powerhouse Pedro Espada Jr. yesterday reviewed a slew of evidence after the judge admonished at least one of them to keep an open mind.
“You cannot say, ‘I’m not going to deliberate,’ ” Brooklyn federal court Judge Frederic Block told the 12 jurors, a day after receiving a note saying that one of the panelists had “refused to be open to deliberations.”
“No one said it would be easy,” Block told the jurors, who will decide whether to convict the ex-state senator and his son of looting the Bronx-based, taxpayer-funded Soundview Healthcare Network of $500,000 by having the nonprofit pay their personal expenses.
“Discuss [the evidence] with an open mind, discuss with each other,” the judge said.
Shortly afterward, jurors began issuing a series of notes suggesting that at least some of them want to do just that.
After asking the judge if they can use highlight markers on the evidence — they can — jurors asked to review testimony of Soundview’s former personnel director and evidence that suggests the Espadas diverted rent money owed Soundview to a cleaning company they controlled.
“The jury is obviously revisiting the entire case here, step by step, piece by piece,” a pleased Block told lawyers.

Read more: http://www.nypost.com/p/news/local/pedro_jury_knuckles_down_after_scolding_39agdJbYqJQEd2lVeOrPHI#ixzz1tu94vGxg

Thursday, May 3, 2012

nature.”

At Espada Trial, Jurors’ Notes Hint at Clash in Deliberations

After the jury in the embezzlement trial of former State Senator Pedro Espada Jr. sent notes to the judge about its disagreements, the judge said he would speak with one juror.

Wednesday, May 2, 2012

Pedro Espada's trial grinds to halt; 1 juror 'refusing' to deliberate

Last Updated: 8:27 PM, May 2, 2012
Posted: 5:35 PM, May 2, 2012

This hard-head could hang Pedro’s jury.
Ex-state Sen. Pedro Espada Jr.’s federal embezzlement trial screeched to a halt today after the jury revealed that one of its 12 members has “refused” to deliberate from the very beginning.
“We have a sticky wicket here,” quipped Brooklyn federal court Judge Frederic Block, after being told — for the second day in a row — that the jury had a mule-like member.
“One juror is allegedly not engaging in deliberations.”
Block received a note signed by several jurors, who said: “After five or 10 minutes from day one of deliberations, one of the jurors refused to be open to deliberations and announced that the juror’s mind was made up.”
The jury began deliberating Monday. Yesterday, Block told lawyers that there had been raised voices in the jury room, and complaints about one juror.
Today’s note set off a buzz of speculation among prosecutors and lawyers for Espada and son Pedro Gautier Espada, who are charged with swindling hundreds of thousands of dollars from the federally supported Soundview Healthcare Network charity in The Bronx. The charity was founded by the elder Espada.
Block, without calling the jury out to the courtroom, told both sides that he would speak to the entire jury about the issue when they return to court tomorrow.
He'll then interview the unidentified juror, outside the presence of both the other jurors and lawyers in the case, Block said.
Depending on what he hears, Block has several options.
He can either allow the juror to remain on the panel, likely after reminding all panelists that they have a sworn duty to deliberate the evidence and charges.
But Block — if he finds that the juror is adamantly refusing to weigh evidence — could boot that panelist and have the remaining 11 continue deliberating. Block earlier had dismissed alternate jurors, meaning that they cannot now be called back to fill a vacancy.
Block noted that there's a difference between a juror who resolutely refuses to even deliberate — which is grounds for dismissal from the juror — and a juror who has made up his or her mind after fairly deliberating, which is not grounds for dismissal.
Block then had his deputy tell the jurors in their assembly room to go home “and have a good sleep,” and then return tomorrow.
Afterwards, Espada Jr. said outside of court: “This is a delicate stage of deliberations, and I would ask that people respect all 12 jurors. They have a difficult job, they’ve been here for two months, and let’s just have respect for the process.”
Prosecutors in those two months laid out a staggering amount of evidence showing how the Espadas allegedly charged a raft of personal expenses -- including sushi dinners, vacations, birthday parties, flowers and other goodies -- to Soundview and a cleaning company they controlled. Much of those expenses were later claimed to be business-related.
The overwhelming majority of Soundview’s funding came from government grants and reimbursements for services, meaning that taxpayers allegedly footed the bill for the defendants' lavish lifestyle.
Former state Sen. Espada earlier today blamed Gov. Cuomo for Soundview’s current dire financial straits.
“He’s got no moral compass, Mr. Cuomo does!” Espada sputtered, accusing Cuomo and the state Health Department of ordering health maintenance organizations not to reimburse Soundview for Medicaid-covered treatment of poor Bronx residents, even as a state court mandates they do so.
Soundview recently began turning away many of its patients, citing a lack of cash, and claimed it is owed back payments totaling $800,000 from the Health Department and HMOs.
“People may die as a result of their actions!” Espada said of Cuomo and the Health Department.
A Cuomo spokesman said: “Out respect for the jury process, we will have no comment while this federal criminal matter is pending.”
A Health Department spokesman said the department “complied with all applicable rules and regulations and honored all court orders that were issued.”
At Soundview today, Lisa Scott, 50, and her 10-year-old son Elijah were turned away as they sought treatment for her high blood pressure and his asthma, respectively
“I came Monday and I came today,” Scott said. “It’s the same result. I can’t get any treatment.”

Read more: http://www.nypost.com/p/news/local/brooklyn/pedro_espada_trial_grinds_to_halt_UkWdRXCGQj64n65G7ScNdM#ixzz1tlfPvq5Y