Federal authorities filed criminal charges on Wednesday against a JetBlue Airways pilot for interfering with a flight crew.  Authorities filed the federal charges in Texas, where authorities are holding JetBlue Airways Captain Clayton Osborn at Northwest Texas Healthcare System in Amarillo for observation and medical testing.

Even before the scheduled departure time of JetBlue Airways Flight 191 on Tuesday, things were amiss as Osborn arrived late, missing the normal preflight meetings and preparation that pilots perform.  Soon after the flight departed New York on Tuesday in route to Las Vegas, Captain Osborn began to exhibit unusual behavior.  Osborn initially told his co-pilot that “we’re not going to Vegas” and “we need to take a leap of faith.”  Osborn also exhibited confusion while in the cockpit based on the manner in which he attempted to interpret data from the airplane’s instruments.

At some point, Osborn left the cockpit and the co-pilot locked the cockpit door.  Osborn continued to exhibit unusual behavior and the flight attendants tried to calm him down.  Osborn became aggressive, ran the length of the plane while shouting about September 11th and terrorists, and tried to force his way back into the cockpit.

Once Osborn began to attempt to return to the cockpit and it became apparent the safety of the entire flight was at risk, the flight attendants and the co-pilot via the flight’s intercom system asked passengers to intervene.  Passengers tackled and restrained Osborn using seatbelts and zip tie handcuffs until the flight could make an emergency landing in Amarillo, Texas.  An off-duty pilot who was a passenger on the flight helped the JetBlue Airways co-pilot make the emergency landing.

Neighbors, coworkers, and even the CEO of JetBlue Airways were all shocked at the incident.  “I just don’t know what happened.  It’s just not like Clayton,” his neighbor Erich Thorp said.  ”He was always happy and positive thinking.  He never complained about anything.”

JetBlue Airway’s CEO Dave Barger said, “I’ve known the captain personally for a long period of time, and there’s been no indication of this at all.”  Barger also said Osborn has always been a “consummate professional.”

The Federal Aviation Administration requires that pilots under the age of 40 undergo a thorough medical evaluation, including psychological tests, at least annually.  For pilots over the age of 49, the medical evaluation must be performed at least every six months.

Osborn’s most recent medical testing was performed in December.  Although the test results have not been made public, all information to date and the fact that Osborn was cleared to continue to pilot for JetBlue Airways indicate the test identified no issues.  Osborn has no other issues on his work record.

Retired U.S. Airways pilot Chesley B. “Sully” Sullenberger III, who became famous after displaying great poise when he had to make an emergency landing of his malfunctioning jet in the Hudson River in 2009, was interviewed after the JetBlue Airway’s incident.  ”Airline pilots are among the most scrutinized professionals there are, way more than doctors.  We’re constantly under the microscope.”

But this incident brings into question if the FAA’s medical evaluations are thorough enough and if the testing includes sufficient methods to measure the level of stress that a pilot is under and how the pilot is coping with that stress.

Charges of interfering with a flight crew are considered serious.  If Osborn is convicted of the charges, the penalty could include a prison sentence of up to 20 years.

There are now two major scandals and sexual abuse investigations in the news involving coaches at Penn State University and Syracuse University and underage boys.

Jerry Sandusky, the former defensive coordinator of the Penn State University Nittany Lions football program, was arrested in November on 40 criminal counts related to sexual abuse of eight underage boys over a 15-year period from the early 1990s until the mid-2000s.  This week the first lawsuit was filed against Sandusky, with this suit coming from another victim claiming sexual abuse by Sandusky over 100 times in the early and mid 1990s.  The man who brought the lawsuit also claimed that Sandusky threatened to harm the man or the man’s family if he told anyone about the sexual abuse.  This suit is seeking at least $400,000 related to pain and suffering caused by Sandusky.

Sandusky has maintained his innocence against the charges.  However, Sandusky’s attorney Joe Amendola stated this week that if additional allegations surface, he may have to work with Sandusky and the prosecution to seek a plea agreement.

Since the Penn State University case came to light, another case related to abuse has surfaced within the Syracuse University Orangemen.  Bernie Fine, the former assistant coach of the Syracuse University men’s basketball team, allegedly sexually abused three boys sometime between the 1970s and 1990s.  As with Sandusky, Fine has denied the allegations.

In the Fine case, an audio recording made in 2002 has surfaced between Fine’s wife Laurie and one of the accusers, in which Fine’s wife indicated she was aware of her husband’s abuse but was unable to stop his behavior.  Fine was fired from his coaching position once the university became aware of the audio recording.

Fine has not been charged with a crime or arrested.  There is the possibility that, given the age of the allegations against Fine, criminal charges cannot be brought against him.

There is a great deal of controversy regarding whether officials at Penn State University and Syracuse University knew about the alleged abuse and perhaps even actively took steps to cover up the behavior.  In both cases, officials within Penn State University and Syracuse University are under scrutiny because both Sandusky and Fine used their positions within their respective sports programs to help carry out the alleged abuse.  Both men supposedly used university facilities to conduct the abuse, as well as the opportunities provided when taking the boys on trips related to university sporting events.

Coaching at the collegiate level involves a significant time commitment, which means that coaches have to spend a lot of time together.  Many believe it to be highly unlikely that other coaches or university officials were not aware of the activities, given the amount of time a coaching staff must spend on the job.  There is definitely an air of disappointment related to both cases that others appeared to know about the cases and performed at least a preliminary investigation years ago, yet little if anything was done to protect the boys involved or remove Sandusky or Fine from their positions where they had the access to continue to conduct the abuse.

Related articles

• Sandusky Arrested Again After More Allegations of Sexual Abuse (foxnews.com)
• Sandusky’s wife: Accusers fabricated stories (espn.go.com)

Hockey’s bad boy, Sean Avery, forward for the New York Rangers, has made headlines again for an arrest early Friday morning for assaulting a police officer. According to news reports, the incident happened a little after midnight in Hollywood Hills, California.

The Associated Press reports that officers came to his house, where an argument ensured. Avery, attempting to re-enter his house, pushed a police officer. He then slammed his front door and refused to exit the house when repeatedly asked to do so by police officers on the scene.

Additional officers were called to the house. Avery eventually exited the house and reportedly was cooperative. The police arrested Avery for battery of a police officer. He was jailed for seven hours before posting a $20,000 bond.

According to NBC New York, the police visited Avery’s house two times late Friday night after neighbors complained of loud noise. The altercation occurred on the second visit.

Sean Avery, a professional hockey play from Canada, is currently playing hockey for the New York Rangers. He has also played for the Los Angeles Kings, the Detroit Red Wings and the Dallas Stars.

Hiring a Criminal Defense Lawyer

Assault and battery is a criminal offense which may give rise to either criminal or civil charges. Assault and battery may be considered either a felony or misdemeanor but are generally considered felony charges if the actions are accompanied by any type of criminal intent such as the intention to rob, rape or kill.

Defendants who are convicted of assault and battery face a variety of criminal penalties which can include fines and imprisonment. Jail time and fines may vary based on the jurisdiction where the arrest occurred. Defendants who kill another person with the intent to murder may be charged with a felony in all states.

If you have been charged with assault and battery you will need legal assistances from a criminal defense lawyer. Defense attorneys understand criminal law and can review your case and determine the right legal actions.

Related articles

• Hockey’s Sean Avery arrested in L.A., accused of shoving cop (latimesblogs.latimes.com)

Patricia Krenwinkle went before a parole board on Thursday, January 20, 2011, for the 13^th time.  Once again, she was denied parole and will have to wait another seven years to go before she is up for parole again.

Krenwinkle was a follower of Charles Manson more than 40 years ago.  She, along with Manson, and several other Manson followers, went on a killing spree in California back in August 1969 where they tortured and killed seven people in the course of two days.  Manson led his crew to believe that they were supposed to begin an ‘apocalyptic race war.’  The seven victims totaled 169 stab wounds and 7 gun shot wounds.

Krenwinkle was convicted of seven counts of first degree murder for her involvement in the killings.  Krenwinkle was originally sentenced to death, but her sentences were automatically commuted to life back in 1972 when the US Supreme Court briefly removed the nation’s death penalty laws.

According to CNN.com a tearful Krenwinkle said, “I’m just haunted each and every day by the unending suffering my participation in the murder has caused the family and friends of my victims.  The enormity of the grief I caused fills me with intense sorrow.”

In response, the parole board said, “The panel concludes that she is not suitable for parole and would present an unreasonable amount of danger if released.”

The murders of Manson and his crew are known world wide, and remain one of the most notorious crimes of the 20^th century.

The Supreme Court Justices agreed today that they will review a federal court decision that approved a single gender-bias lawsuit against Wal-Mart that involves roughly 1.5 million people over the span of a decade.  This will be the largest US employment class-action suit ever.

This lawsuit was originally filed by seven women against Wal-Mart nine years ago.  It accuses the company of paying male employees higher wages than female employees for doing the same job.  Also, the company is accused of giving their female employees fewer promotions than their male employees.

Wal-Mart says that the problems were isolated incidents coming from various stores in various parts of the country.  The case involves women from 41 regions, 400 districts, and range across 170 job classifications.  Wal-Mart believes that the cases should be looked at individually rather than as a single case because of the varied amount of claims.

Class-action lawsuits make it easier to sue large companies and receive higher payouts.

If Wal-Mart is found liable, they have not set aside any funds to pay the damages and can not estimate how much they would be.  The company is the world’s largest retailer and has taken in approximately $400 billion in the past year.

The Supreme Court is expected to hear arguments in this case in March and render their verdict in June.

On June 5, 2002, a 14 year-old girl named Elizabeth Smart went missing in Salt Lake City, Utah.  She was kidnapped out of her bed in the middle of the night while her younger sister watched.

Nine months later, Elizabeth Smart was found by police with her kidnappers Brian David Mitchell and Wanda Ileen Barzee.  Smart was dressed in a disguise and did not reveal her identity to police right away.  Once her identity was confirmed, Mitchell and Barzee were arrested.

Brian David Mitchell had been previously hired by the Smart family to do some handy-work around their house.  He went by the name Immanuel and was named by Elizabeth Smart’s sister as her kidnapper.

Both Mitchell and Barzee were charged with kidnapping, sexual assault, and burglary but were declared unfit to stand trial due to mental incompetence.  That ruling has since been overturned.

On November 17, 2009, Wanda Barzee was sentenced to 15 years in prison for her part in kidnapping Smart.

One year later, on November 8, 2010, the case against Brian David Mitchell began.

Mitchell claims to be a very religious person.  His faith is loosely based on Mormonism.  He believes that an angel named him “Lord and Master over all religions” and he took the name Immanuel.  Mitchell wrote a manifesto entitled “Book of Immanuel David Isaiah I” which outlined all of the revelations he had as well as the commandments that he was given.  In this manifesto, he was commanded to take multiple wives.  This is believed to be the reason that he took Elizabeth Smart.

Smart has spent three days this week testifying against her captor.  Smart claims that Mitchell and Barzee used both force and religion to manipulate her while she was in captivity.   She claims that while in captivity, Mitchell raped her daily and forced her to drink alcohol, take drugs, and view pornography.  If Mitchell is convicted of the crimes, he could spend the rest of his life in prison.

Governor Arnold Schwartzenegger has temporarily postponed a man’s execution date in California.  Albert Greenwood Brown was scheduled to die by lethal injection at 12:01 a.m. on Wednesday but has now been rescheduled for 9:00 p.m. on Thursday.  This could be the first execution for the state of California in five years.  Brown’s attorneys have filed both state and federal appeals cases claiming that California illegally adopted the lethal injection procedures and that lethal injection is a cruel and unusual punishment.

The lethal injection process contains three drugs.  The first drug is two shots of sodium thiopental, a sedative to make the prisoner unconscious.  If the first two shots do not work effectively, a third and fourth shot can be given.  Once the prisoner is unconscious, he or she is given both pancuronium bromide and potassium chloride, which are the lethal drugs.

Ironically, if Brown is not executed by Friday, the sodium thiopental will expire.  There is only one company in the entire United States that makes the drug and they will not be able to ship any more sodium thiopental until next year.

Michael Morales, another death row inmate, received a temporary reprieve.  September, 14, 2010 was his scheduled court date to determine his execution date.  It has since been cancelled due to the drug shortage.  Morales was originally scheduled to be executed on February 2006 but was granted a stay of execution two hours before the scheduled execution time.  His stay of execution was granted by a federal judge who wanted to revamp the state’s capital punishment system calling it cruel and unusual punishment.

Brown’s attorneys have asked the state to grant him a stay of execution until Morales’ case of cruel and unusual punishment has been resolved.  Three other inmates were scheduled to be executed in the near future but may have their execution dates postponed due to the drug shortage.

So, will the lethal injection ‘be back’ in California or will the state decide to overhaul its capital punishment system?  That is the question of life and death for Albert Greenwood Brown.

Dubbed the “Botox Bandit,” Maria Chrysson, 29, pleaded guilty to stealing more than $5000 worth of botox injections and other cosmetic services in Miami, Florida.

Chrysson allegedly received services from doctors and then walked out of the clinics without paying or she would write a check with insufficient funds.  She is also accused of using someone else’s identification card.

Chrysson was arrested Monday, September 20, 2010.  She is being charged with three counts of grand theft and one charge of possession of fraudulent identification.

One medical office claims to have Chrysson on video tape committing the crime.  Chrysson denies that she committed the crimes and claims that someone that looks like her did it.

If convicted Chrysson could receive up to five years in prison for each count of grand theft equaling 15 years.  Possessing a false identification is a third degree felony in Florida and could result in up to five years in prison and up to a $5000 fine.

Six high school students in Massachusetts are being charged with bullying a classmate, 15 year-old Phoebe Prince.  Prince was an Irish immigrant and was a freshman at South Hadley High School.  She committed suicide by hanging herself in January after being bullied relentlessly for more than three months by her classmates.

The first three students being charged appeared in juvenile court on Thursday, September 23, 2010.  Ashley Longe, Sharon Velasquez, and Flannery Mullins are being charged with harassment and with a violation of civil rights resulting in bodily injury.  Mullins and Velasquez are also being charged with stalking.

According to prosecutors, Prince was targeted and bullied for having a relationship with Mullins’ boyfriend, Austin Renaud.  Longe allegedly taunted Prince with slurs during school and as Prince was walking home from school, Longe allegedly threw an aluminum can at her.  This was just hours before Prince committed suicide.  Mullins allegedly threatened Prince in a high school restroom, sent her threatening text messages, and posted inappropriate comments about her on Facebook.  Velasquez allegedly taunted Prince with slurs at school and exhibited violent behavior toward her.

Massachusetts does have a law against bullying which includes harassment and stalking.  The anti-bullying laws include training all school employees on the proper procedures to prevent and handle bullying at school.  It states that all bullying must be reported and investigated, and that anti-bullying curriculum must be taught in all schools.

According to the Massachusetts anti-bullying law, if convicted, the students could be facing up to a $1000 fine and up to 5 years in a state prison.

Prosecutors are expected to have up to 50 witnesses to testify against the students.  All three girls have pleaded not guilty.  The case is expected to go to trial in 2011.

Embattled Illinois Governor Rod Blagojevich presented his closing arguments this morning in an impeachment trial that he has called “unfair.”

The governor had initially refused to take part in the trial that began Monday, but announced yesterday that he would speak to the Illinois Senate.

The two-term Democratic governor spoke for 45 minutes in what one could only call an impassioned plea to keep his job.

In his closing argument, Governor Blagojevich told the chamber that the prosecution had “proved no crime.”

“How can you throw a governor out of office with incomplete or insufficient evidence?” he asked.

The governor also claimed that statements attributed to him in recordings of his telephone conversations about filling the U.S. Senate seat vacated by President Barack Obama had been taken out of context.

Illinois House prosecutors and Illinois State Senators hearing the case openly criticized Governor Blagojevich for not testifying under oath or taking questions.

“He simply says there’s no evidence and walks off the stage,” said David Ellis, the House prosecutor, during his rebuttal.

“He says, ‘walk a mile in his shoes,’” Ellis continued. “Well, if I were innocent and I were in his shoes, I would have taken that witness stand and I would have testified and I would have told you why I was innocent. The governor didn’t do that.”

“I’m immune to his speech giving,” said Senator Christine Radogno, the Republican leader of the Senate, in an interview after the governor spoke. “We’ve seen those tricks before.”