Archive for the ‘Fifth Amendment’ Category

Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray … – The San Francisco Standard

A former San Francisco official whose beating spurred claims that he bear-sprayed homeless people in a series of incidents near his home denied allegations Monday that he carried out one of the numerous attacks.

But the ex-official, former Fire Commissioner and businessman Don Carmignani, invoked his Fifth Amendment right to not incriminate himself and refused to answer questions from the stand about the other spray attacks on homeless people that surfaced in connection with the case.

Carmignani was in court to testify against Garret Doty, a 24-year-old homeless man who beat him with a metal pipe near Carmignani's home in the Marina District on April 5, in an incident that drew national attention and sparked fears about crime.

While Doty faces assault and battery charges, his defense lawyer, Kleigh Hathaway, accuses Carmignani of instigating the attack by confronting her client with a can of bear spray. Doty, the lawyer argues, knew that Carmignani had a history of violence against homeless people and struck him with the rod in self-defense.

Under intense questioning by Hathaway, Carmignani directly addressed one of those prior incidents for the first time Monday. He said he was not the assailant who reportedly opened up a tent near Lombard and Pierce streets on Nov. 11, 2022, pepper-sprayed the man sleeping inside and told the victim to get out of my town.

In this one instance, instead of invoking the Fifth Amendment, Carmignani asked the judge if he could pull out his phone to look at his calendar before offering up a possible alibi.

On Nov. 11, I had a flight first thing in the morning to go to a wedding with my girlfriend, Carmignani said from the stand.

While Carmignani denied spraying the man sleeping in the tent, he declined under guidance from his attorney to answer questions about other spray attacks on homeless people near his home. He did, however, say he was not the man seen in a photo of a possible suspect in a Jan. 6 incident. In that case, the assailant reportedly sprayed a man and woman, stole the womans wallet and threw their dog to the ground.

Whether Hathaway can show that Carmignani is responsible for any of the earlier attacks is central to Dotys defense, because the alleged violence could explain why Doty repeatedly beat the former official with a metal rod and chased him down the street in broad daylight.

To further her argument, Hathaway played body-worn camera audio that appeared to capture Carmignani telling his girlfriend not to talk to the police after his beating.

Dont say nothing to nobody, Carmignani can be heard telling his girlfriend. Dont say nothing to any cop, no one.

Carmignani suffered serious injuries to his head, a punctured cheek and a broken jaw. He underwent surgery and has shown up in court using a walker to get to the witness stand.

Doty was previously out of custody in the case, but after being arrested for skipping court, he appeared dressed head to toe in County Jail orange on Monday.

The judge, Linda Colfax, had previously released Doty because Carmignani was not well enough to testify against him. She found Doty in contempt of court for not showing up to his preliminary hearing last week and gave him 5 days in jail, which he has already served.

While prosecutors objected to Hathaway asking Carmignani about the earlier incidents, Colfax allowed her to question the former official about some of them.

The judge said the suspect descriptions in those cases are very similar to Mr. Carmignani, and the locations of the incidents were in a similar area.

Police have said they are investigating whether Carmignani committed the earlier attacks but have not publicly named him as a suspect.

The case against Doty is expected to continue Tuesday morning.

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Ex-San Francisco Official Offers Alibi for One of Series of Bear-Spray ... - The San Francisco Standard

Road project threatens preserved farmland | News | dailycourier.com – Front Page

Bill Bateman always dreamed of having his own farm.

His dream became a reality when his family acquired the former Kendi Farm in April 2013.

Tucked within the thickness of trees on Kendi Road in Upper Tyrone Township, the 194-acre tract with 180 acres preserved offers a tranquil lifestyle for Bateman, wife, Lisa, and their family.

With major plans for changes to nearby U.S. Route 119 that include property acquisition and construction of a roundabout within several years, PennDOT could impose on that dream.

So many farms are drying up, Lisa Bateman said, You cant get the ground back once it is gone. What PennDOT sees is taking 6 acres.

But 6 acres in Fayette County compares differently than in Westmoreland County. And we will lose access to between 25 to 30 acres. Well lose three pasture fields.

The Batemans met with state Sen. Pat Stefano (R-32), Fayette County Farm Bureau President Darrell Becker and Farm Bureau official Andy Bater to express concerns.

This is going to affect everything right down to my dogs, Lisa Bateman said. It took forever to preserve the farm.

Becker said the Farm Bureau is trying to change the practice of governmental land acquisition through eminent domain.

Eminent domain refers to the power of the government to take private property and convert it to public use, referred to as a taking, according to the Cornell Law School website.

The Fifth Amendment to the U.S. Constitution provides that the government may only exercise this power if it provides just compensation to the property owners, the site states.

Becker said state Sen. Chris Dush supports efforts to ensure proper reimbursement to property owners when faced with eminent domain situations.

Dush is a Centre County Republican representing the 25th Senate District.

Stefano said the situation is just adding another straw to the camels back.

Becker said state census figures have shown farm acreage has declined in recent years.

Stefano said future plans for PennDOT are to create more limited-access highways, because of the way people drive.

We have got to get to the point where someone has to be educated and think further down the line, Lisa Bateman said. We just want a decent life, and too many farmers are facing this.

Bater said the challenge of transportation is to make sure that farms are made whole for all collateral impact.

Bill Bateman said the farm had initially been sold by the Kendi family to a firm planning to develop an industrial park.

A petition circulated by township residents drew enough support to block those plans, he added.

Stefano said another public meeting or two are likely before PennDOT can begin work on the project. He said the earliest work could begin would be in 2025.

The Batemans have not received a monetary offer from PennDOT for acquisition of the 6-acre tract.

Stefano said a PennDOT offer made to the owners of the Galley garage property along Mt. Pleasant Road was refused.

I have a real problem with this heavy-handed government, he said.

Paul S. Brittain is a Daily Courier staff writer. He can be reached at psbritt@cvzoom.net.

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Road project threatens preserved farmland | News | dailycourier.com - Front Page

Teacher, accused of seven felonies, pleads his case to Grand Island … – Grand Island Independent

Teacher and accused felon Philip Zlomke faced the Grand Island Public Schools Board of Education Tuesday night, fighting to maintain his contract with the district.

The hearing, initiated by Zlomke, was an attempt to overturn the districts initial decision to terminate Zlomkes contract. Zlomke, a financial literacy teacher at Westridge Middle School, requested the district continue his contract until his cases were decided in court.

On March 17, 2022, Zlomke was arrested at Westridge Middle School before classes started. For that arrest, he was accused of two counts of first-degree sexual assault. The crimes allegedly occurred in 2021.

On May 4, 2022, Zlomke was served with another arrest warrant (not on school property), this time accused of committing sex crimes against a minor. The five charges include three counts sexual assault of a child, first degree, occurring in 2017, 2018 and 2021.

None of the crimes Zlomke is accused of involve Grand Island Public Schools students, according to district spokespeople.

Zlomke was initially notified his contract was terminated May 2, 2023, more than one year after his arrest at Westridge. In the meantime, Zlomke was on leave, but receiving unemployment, according to proceedings.

Soon after Zlomke received his letter of termination from the district, he requested a hearing to contest his termination. Said hearing was Tuesday night at Kneale Administration Building.

In his opening statements, Zlomke said, Please know that due to the nature and ongoing litigation, that I am not at liberty to discuss the details pertaining to the allegations that have been levied against (me), he said. Please note that if I choose to practice my Fifth Amendment rights, it is out of my desire to keep the litigation within the courtroom.

By the end of the hearing, Zlomke had invoked the Fifth Amendment several times.

Zlomke, who represented himself, asked interim GIPS Human Resources Director Wayne Stelk why it had taken a year to present Zlomke with contract termination.

Stelk was not with the district between March 2022 and October 2022.

What happened between March and October was not something that I was privy to, as far as any kind of decision making process, Stelk said.

Once he became aware of the situation, Stelk said the legal process progressed slowly.

It was in January, approximately, that I made the decision that we can't just keep letting this (be) hanging out there in limbo, he said. In my opinion it had already hung out way too long.

Zlomkes absence from the classroom had placed a burden on the buildings teachers, said Westridge Assistant Principal Stefanie Novotny.

It's been difficult for us to determine how we're going to plan staffing and building our schedule with the unknown, Novotny said in her testimony. It makes it hard not knowing when the proceedings will be finished. It's hard for us to plan moving forward.

While questioned by Zlomke, Stelk said, Even though we have filled your position, that doesn't mean that it doesn't still create additional burdens on (the) district because now we have fewer people to use in other vacancies that we may have.

Over the course of the hearing, prior complaints about Zlomke from students to Westridge administrators surfaced, most notably an incident involving poking a student in the buttocks with a fork. For that incident, Zlomke was presented a memorandum of understanding (MOU).

Still, Zlomke contended, he was an effective teacher with a good rapport with his students.

Stelk said, We're not here to try to convince the board that you were an ineffective teacher. We're talking about the felony charges that you've been charged (with).

If the felony charges (had) never been brought forth ... the publicity along with that you've been arrested at the school if none of that would have occurred and all we had was an MOU, we would not be talking about cancellation (of contract), in my opinion, Stelk said.

Matt Fisher

Besides concerns about Zlomkes conduct, the reputation of GIPS was also brought into question, said GIPS Superintendent Matt Fisher, alluding to news coverage.

In the headlines, it doesn't say Grand Island man was arrested for these charges. It says Grand Island Public Schools teacher was arrested, Fisher pointed out. Three of the districts exhibits were news headlines.

During testimony, Zlomke asked Fisher if he thought Zlomke lacked ethics.

Well certainly the incident having a student bent over and poking them in the butt with a fork demonstrates a clear lack of ethics in my mind, Fisher told Zlomke before mentioning other alleged misconduct: We can put these other things as far as talking about porn, regardless of the depth, to me demonstrate(s) a lack of ethics.

Justin Knight, legal counsel for Grand Island Public Schools, questions a witness during the hearing deciding Philip Zlomkes contract. Zlomke is accused of committing seven felonies. His contract was on the line during a special school board hearing Tuesday night. To Knights left is GIPS Superintendent Matt Fisher.

In his closing statement, GIPS legal counsel Justin Knight told the board, I don't know how a board can bring someone back with seven felonies pending against them as serious as we have here today.

Knight then addressed the timing of Zlomkes termination. I do think it is a fair question: Why we weren't here in June of 2022? As has been said, we can't answer that. Thats something that I think in hindsight the administration at that time should have pursued a lot faster.

Zlomke said in his closing statement, I'm not asking for (the board) to put me back in the classroom yet. I do not expect that putting me back in the classroom without a verdict is irrational I'm asking you to wait and hear from those trials.

Following executive session, the board unanimously upheld the decision to terminate Zlomkes teaching contract, effective immediately. Board members Lindsey Jurgens and Dave Hulinksy were absent. Board member Josh Sikes recused himself from participating in the hearing.

Westridge Middle School Principal Brad Wolfe was among the school districts witnesses. Zlomke did not have any witnesses on his behalf. Attorney Lily Amare presided over the hearing, which lasted nearly four hours.

Jessica Votipka is the education reporter at the Grand Island Independent. She can be reached at 308-381-5420.

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Teacher, accused of seven felonies, pleads his case to Grand Island ... - Grand Island Independent

"That is a crime of cinema": After Saving Vin Diesel’s Career With an … – FandomWire

Nowadays Vin Diesel is known for playing the larger-than-life action lead in the 2-decade-long Fast and Furious franchise, but the actor initially kickstarted his career behind the lenses. However, it wasnt until he made an appearance in the star-studded and critically acclaimed Saving Private Ryan, which would put him on the radar, and eventually star in 2001s The Fast and Furious movie.

But it appears that the Bloodshot actor wasnt initially considered to star in the 3rd highest-grossing film of 1998, and it was Steven Spielberg who would go on to put the action star on the track.

Also read: Vin Diesel Nearly Lost Everything After Gambling His House to Produce $98M Box Office Bomb: Its not like any film Ive done

Before making his way to the top, Vin Diesel would direct and star in two underrated dramas, involving a short film, Multi-Facial, in 1995, and a feature-length film, Strays, in 1997. Although these two projects didnt put Diesel on the map, they did manage to get the attention of one of the best in business, Steven Spielberg. Even though the Bloodshot actor wasnt considered to star in Saving Private Ryan, after discovering his talent through Multi-Facial, Spielberg wrote Diesels character in the film, which would boost the actors career.

However, the Oscar-winning director was not only impressed by the Fast X stars acting skills in his projects but was also fascinated by the actors skill behind the camera. Even though Diesel hasnt been involved in many projects as a director, Steven Spielberg once advised him to direct more movies.

Also read: I gotta plead the fifth on that one: Dwayne Johnson Invoked the Fifth Amendment to Escape Vin Diesel Candy A** Question

Although getting the role in Saving Private Ryan had to deal with Vin Diesels skills as an actor, Steven Spielberg was more impressed by his work as a director. Even though his directed movies didnt make big numbers, they did manage to impress one of the greatest to stand behind a camera. Reflecting on his experience with the Jaws director, Diesel explained that Spielberg did advise him to keep directing more movies. Diesel recalled,

Speaking of Steven Spielberg, I saw him recently, and he had said to me, When I wrote the role for you inSaving Private Ryan, I was obviously employing the actor, but I was also secretly championing the director in you, and you have not directed enough. That is a crime of cinema and you must get back in the directing chair,

Also read: The peace treaty I kind of brokered it: Fast X Director Takes Credit for Forcing Dwayne Johnson-Vin Diesel Rivalry to End

Despite his resume as a director being a little empty after his two projects in the 90s, the Fast X actor did rise to the top after Steven Spielberg gave him the required push in the late 90s.

Saving Private Ryan is available to stream on Apple TV.

Source: The National

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"That is a crime of cinema": After Saving Vin Diesel's Career With an ... - FandomWire

There Is No ‘Moving On’ From Corruption, by Laura Hollis – Creators Syndicate

A common sentiment expressed by some voters on social media these days is the need to "move on." This viewpoint seems to be particularly popular with those deeply desirous of a Republican candidate for president of the United States who is not Donald Trump.

They readily admit that Trump's policies were far better for the economy and view Biden's administration as disastrous. Some even acknowledge that social media censorship and changes to election procedures many unlawful cost Trump the 2020 presidential election.

Even so, they say, "It's time to move on."

It's easy to chalk this up to "Trump fatigue" weariness of Trump's ego and combative personality. But an argument can also be made that this is the latest example of the public's reluctance to confront corruption and the erosion of standards in American governance. What we're watching transpire in U.S. politics right now should be galvanizing the country. But it doesn't seem to be, and we need to ask ourselves why.

Joe Biden, the president of the United States, has just had Donald Trump his primary political opponent in the 2024 presidential election indicted and arrested. That may be a common occurrence in third-world countries, but it is unprecedented in the history of this nation.

Worse than the political targeting is the legal double standard. Trump is accused of mishandling classified documents. But we now know that Biden has had classified documents in unsecured locations (including his garage) for years. And he acquired these documents when he was not the president with the constitutional power to declassify them.

Where is the indictment of President Biden?

While Biden was vice president, his son Hunter received millions of dollars from a Ukrainian natural gas company, Burisma, whose leadership was under investigation. Biden threatened to withhold $1 billion in U.S. aid unless Viktor Shokin, the Ukrainian prosecutor conducting the investigations, was fired. "Well, son of a bitch," Biden bragged on camera, "he got fired."

After Trump was elected president, he asked Ukrainian President Volodymyr Zelenskyy to look into the decision to fire Shokin. Democrats accused Trump of using the presidency to target a political opponent and impeached him for "abuse of power."

Where are the articles of impeachment against Biden?

More information has come to light this week, suggesting not only that Joe and Hunter Biden received millions of dollars in bribes from Ukraine, but that the FBI has been covering up evidence of the bribery.

Why aren't more of us demanding accountability? Perhaps it is because we have been dismissing government corruption for far too long.

Under former President Barack Obama, the IRS improperly held up the applications of conservative nonprofits for tax-exempt status often for years crippling their fundraising efforts and support for their candidates and policies. Lois Lerner, then-director of Exempt Organizations, pleaded the Fifth Amendment in response to a congressional subpoena. Lerner was held in contempt of Congress. What penalty? She retired from the IRS with a full pension.

Move on.

Obama's attorney general, Eric Holder, was also held in contempt of Congress, after refusing to turn over information subpoenaed as part of a congressional investigation into failed "gunwalking" program Operation Fast and Furious. Guns ended up in the hands of criminals who killed dozens of Mexican citizens, as well as U.S. Border Patrol agent Brian Terry. Contempt proceedings against Holder languished in the federal court system for years until Democrats regained control of the U.S. House of Representatives and dropped the matter.

Move on.

Hillary Clinton has had her share of corruption scandals. In 2012, when she was secretary of state, our consulate in Benghazi, Libya, was attacked and four Americans killed, including our ambassador, Christopher Stevens. Clinton knew it was a planned terrorist attack, but lied to the American public that it was a spontaneous uprising in response to a video made by an obscure filmmaker named Nakoula Basseley Nakoula (who was arrested and served a year in prison). When questioned about her lies during a congressional investigation, Clinton's infamous response was, "What difference at this point does it make?"

Clinton also lied about having classified information on private, unsecured email servers and she destroyed evidence. But then-FBI Director James Comey declared that "no reasonable prosecutor" would bring charges.

Move on.

Clinton's 2016 presidential campaign illegally funneled money through law firm Perkins Coie to Fusion GPS and then former British spy Christopher Steele, looking for dirt on opponent Donald Trump. The FBI knew the information they received thereafter was false, but lied to the Foreign Intelligence Surveillance Court to get warrants to spy on Trump.

Clinton's campaign paid a modest fine. No consequences for the FBI. Move on.

The unrest at the U.S. Capitol on Jan. 6, 2021, is supposedly another day that will live in infamy. But we don't know why FBI brass refuse to answer straightforward questions about whether federal agents in the crowd incited or contributed to violence.

But let's do "move on."

This week, major news outlets are finally admitting what was obvious three years ago that SARS-Cov-2 emerged from a laboratory in Wuhan, China, where dangerous "gain-of-function" research was being conducted. The government lied to us about the origins of COVID-19 and locked down the country, crippling the economy and doing immeasurable damage to the education of millions of children. It demanded that social media censor physicians, scientists and researchers trying to expose the truth about the virus, available drug treatments, and the vaccines Americans were being forced to take.

But let's not get into the blame game. We need to "move on."

There is no "moving on" from corruption. To wave it away is to embolden the corrupt. If we as a people do not care enough about the integrity of our laws and the proper limits of our government to enforce both, those who flagrantly disregard those laws and those limits will not stop until they destroy everything we hold dear.

To find out more about Laura Hollis and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at http://www.creators.com.

Photo credit: Robert Linder at Unsplash

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There Is No 'Moving On' From Corruption, by Laura Hollis - Creators Syndicate