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Rights & Liberties

‘Marsy’s Law’ Protections for Crime Victims Sound Great, but Could Cause Problems

October 13, 2018 | FlaglerLive | 4 Comments

The purple bag that often accompanies the victim's advocate in Flagler County court. The bag contains tissue paper and comfort items for victims who sit through their assailant's trials or hearings. (© FlaglerLive)

Giving crime victims constitutional rights equal to those of defendants sets up a clash over the accused person’s Sixth Amendment right to due process and the right to be presumed innocent until proven guilty.

Amendment 4: With 1.4 Million Florida Felons Banned from Voting, Voters Will Decide On Restoring Right

October 12, 2018 | FlaglerLive | 19 Comments

voting rights

Amendment 4 would automatically restore the right to vote for felons who have completed their sentences, paid restitution and fulfilled probation. Murderers and sex offenders would be excluded.

Palm Coast Government Will Fly 3 Drones For Civil Uses, Excluding Code Enforcement And Private Property

October 10, 2018 | FlaglerLive | 29 Comments

palm coast drones

Palm Coast government will use drones in IT, planning, PR. utilities, construction and with its fire department, but officials stress that private property is excluded, as is surveillance of any sort.

After Granting Stay, Supreme Court Clears Way for Execution of Murderer Jose Antonio Jimenez

October 4, 2018 | FlaglerLive | 5 Comments

Jose Antonio Jimenez

Jimenez had cited a February execution of Death Row inmate Eric Branch, who reportedly screamed and made body movements as he was being executed, among reasons not to proceed.

Saint Kavanaugh

October 4, 2018 | Pierre Tristam | 66 Comments

brett kavanaugh saint

Whether Kavanaugh was confirmed or not is irrelevant: whoever’s next might be less personally sleazy, more temperamentally amoebic, but judicially? Same shill, different name.

Judge Moore-Stens Denies Gag Order on Sheriff, Dissolving Mound of Motions In Eric Cooley Case

September 27, 2018 | FlaglerLive | 12 Comments

Defense attorney Josh Davis, left, shaking hands with Kayla Hathaway, the sheriff's office's attorney, after the hearing before County Judge Melissa Moore-Stens this afternoon. Assistant State Attorney Jason Lewis is to the right of Davis. (© FlaglerLive)

Telling the attorney seeking a gag order on Sheriff Rick Staly that he was on a “fishing expedition,” County Judge Melissa Moore-Stens this afternoon denied the motion, ending an unusual sideshow in the battery case against Flagler Beach City Commissioner Eric Cooley.

Open Court Proceedings Require NRA-Backed Gun Litigants To Be Named, Florida Argues

September 26, 2018 | FlaglerLive | 4 Comments

Two teens are conflating the right to bear arms with the non-existent right to sue anonymously. (Martin Suhl)

Attorney General Pam Bondi’s office is asking a federal appeals court to reject arguments that two 19-year-olds should be able to remain anonymous in a challenge to a new state gun law.

Why Women Don’t Report Sexual Assault

September 23, 2018 | FlaglerLive | 40 Comments

That urge to discredit accusers of sexual assault like Christine Blasey Ford is exactly why it takes so long for some to come forward in the first place.

Attorney Calls For Gag Order on Sheriff Staly in Eric Cooley Case, Claiming Prejudicial Words

September 19, 2018 | FlaglerLive | 19 Comments

Palm Coast attorney Josh Davis has been critical of Sheriff Staly's folksy ways, such as the nick-naming of the county jail as the 'Green Roof Inn.' Davis considers the sheriff's approach prejudicial to defendants who've yet to be tried. (© FlaglerLive)

Palm Coast Attorney Josh Davis wants a court to muzzle Sheriff Rick Staly in the case of alleged domestic violence involving Flagler Beach City Commissioner Eric Cooley. The sheriff is having none of it.

Judge Orders Spanish-Language Sample Ballots in Flagler and 31 Other Counties

September 7, 2018 | FlaglerLive | 19 Comments

yo vote

Making clear that only time restraints limited his decision, a federal judge ordered that sample ballots in Spanish be provided but stopped short of ordering actual Spanish-language ballots in Flagler and 31 other counties.

Flagler Jail Sends ‘Inmate Work Crew’ Around Town, and Gets Paid GED Instructor

August 29, 2018 | FlaglerLive | 26 Comments

Pearl Brazelton in a video still teaching her new students at the Flagler County jail. (FCSO)

A black-and-white-striped Flagler County jail work crew will start duties around the community, and the jail is getting a GED instructor for nearly 30 hours a week.

Low, $500 Bond For Sex Offender’s Re-Arrest Raises Sheriff’s Eyebrows–and Unravels
Bleak Case Through Court Maze

August 28, 2018 | FlaglerLive | 12 Comments

Tavares Calloway in his prison mug shot, left, and at the Flagler County jail in 2015.

Tavares Calloway was 21 when he was charged with the statutory rape of a 15-year-old girl. Probation violations landed him in prison for 3 years. He’s been rearrested again on a violation weeks after his release.

Judge Boots Victim’s Rights’ Proposal Known as “Marsy’s Law” Off the Ballot, Citing Deceit

August 27, 2018 | FlaglerLive | 4 Comments

Circuit Judge Karen Gievers. (Second Judicial Circuit)

A judge found fault with what was left out of the ballot title and summary, and that the proposal would not explain to voters how it would affect the rights of people accused of crimes.

Without Fear Or Favor. Or Whining.

August 26, 2018 | FlaglerLive | 44 Comments

Juan Gris' 'Le Journal,' 1916. press freedom

Defending the press against Donald Trump’s “enemy of the people” attacks may have its place, but reporters’ best bet is to shut up and do their job well: it’s the most eloquent response.

Judge Will Decide Whether to Remove Victim’s Rights Proposal From November Ballot

August 24, 2018 | FlaglerLive | 1 Comment

marsy's law amendment

Lawyers opposing the measure known as Marsy’s Law say it restricts the constitutional rights of those accused of crimes while misleading voters about its intent.

Calling Florida Prison Officials Ignorant and Bigoted, Judge Orders Accommodations For Transgender Inmate

August 23, 2018 | FlaglerLive | 13 Comments

A briefing at a Florida prison, where guards will have to learn to accommodate transgender inmates. (Facebook)

A federal judge ordered Florida prisons to continue providing hormone treatments to Reiyn Keohane, who identifies as female since age 8. She started serving a 15-year sentence for attempted murder in 2014.

Supreme Court Clears Release of Parkland Massacre Videos School Board Sought to Block

August 22, 2018 | FlaglerLive | 1 Comment

A video still from surveillance footage outside Marjory Stoneman Douglas High School after the Feb. 14 massacre began.

The order sides with a coalition of news organizations and ordered the release of footage from the afternoon of Feb. 14, when 17 people were killed at the school.

Immigrant Youth Shelters: “If You’re a Predator, It’s a Gold Mine”

July 29, 2018 | FlaglerLive | 9 Comments

Southwest Key Programs’ Estrella del Norte facility in Tucson

An investigation of police reports and call logs from more than two-thirds of the shelters housing immigrant children provides a snapshot of what has largely been kept from the public as well as members of Congress.

In Restoration of Florida Felons’ Voting Rights, Lawyers Make Novel 1st Amendment Argument

July 26, 2018 | FlaglerLive | 9 Comments

Yraida Guanipa Miami felon voting rights

Lawyers for the plaintiffs maintain that Florida’s discretionary process violates the First Amendment, despite a dearth of cases anywhere in the country supporting that argument.

Protest and the Double-Edged Sword of ‘Civility’

July 25, 2018 | FlaglerLive | 5 Comments

protest and civility

Uncivil action may be a necessary strategy, just as civil disobedience, bearing witness, and making politicians uncomfortable were critical to the civil rights movement.

Fearing Lawsuit, a Commissioner Questions Streaming Government Meetings

July 23, 2018 | FlaglerLive | 3 Comments

bunnell commission

A deputy clerk in Bunnell and a city commissioners wanted to end streaming government meetings from fear of getting sued until the city attorney saw an overreaction.

Local Police Should Not Collaborate With Immigration and Customs Enforcement

July 18, 2018 | FlaglerLive | 24 Comments

collusion police ice

As reports of abuse at ICE emerge and increase, robust sanctuary policies that end the collusion with local law enforcement that ICE relies on gain urgency.

What’s At Stake If Brett Kavanaugh Joins the Supreme Court

July 11, 2018 | FlaglerLive | 27 Comments

abortion restrictions

All Americans say they value personal freedom, especially the right to make our own decisions about our private lives. Expect that to end.

Flagler Government Will Crack Down On Mobile Campaign Billboards And Other Signs

July 11, 2018 | FlaglerLive | 15 Comments

mobile billboards

Flagler County commissioners will approve new rules next Monday regulating or banning campaign-sign-blaring vehicles and campaign signs from county properties.

Drug War Blowback: Why Those Central American Immigrants Are Still Coming

July 10, 2018 | FlaglerLive | 7 Comments

immigrants central america

Between the drug war and the backing of brutal regimes, the U.S. created conditions in Central America that families are desperate to flee — even if they risk being separated.

Abolish ICE

July 8, 2018 | FlaglerLive | 37 Comments

customs enforcement

Immigration and Customs Enforcement is supposed to keep Americans safe. Instead, it’s terrorizing refugees, families, and small children.

Unlocked And Loaded: Families Confront Dementia And Guns

July 1, 2018 | FlaglerLive | 8 Comments

guns and dementia

The epidemic of gun violence that kills 96 people a day is focused on mental illness. But a little-known problem is what to do about firearms in homes of aging Americans with dementia.

Zero Tolerance: Here’s What It’s Like to Work at a Shelter for Immigrant Kids

June 30, 2018 | FlaglerLive | 21 Comments

A photo provided by the U.S. Department of Health and Human Services shows immigrant children inside Casa Padre on June 14.

A window into a system pushed into overdrive, straining to serve traumatized kids amid the uncertainty of America’s immigration system.

A Dagger in the Heart of Unions, Workers and Democracy: Behind the Janus Ruling

June 28, 2018 | FlaglerLive | 2 Comments

A National Nurses United rally. (Facebook)

Their end game is to overturn a fundamental premise of majority rule, and lock in place permanent Constitutional changes to bar any limits on oligarchical rule.

Being Separated From My Child Nearly Destroyed Me

June 26, 2018 | FlaglerLive | 2 Comments

The administration’s policy of separating families is torture, and Trump’s executive order to incarcerate families together doesn’t solve the crisis.

For a 6-Year-Old Snared in the Immigration Maze, Lifeline in a Memorized Phone Number

June 23, 2018 | FlaglerLive | 21 Comments

Alison Jimena Valencia Madrid. (Facebook)

As the U.S. attempts to reunite migrant families, children will bear the burden of helping to identify who and where their parents are. One 6-year-old girl has an advantage.

Flagler County Passes Precedent-Setting Ordinance Protecting Public Use of Private Beaches, But Its Future Is Uncertain

June 21, 2018 | FlaglerLive | 10 Comments

One of the illustrations used during a presentation on the public's customary use of Flagler's beach-front shows the old Flagler Beach Hotel, which opened in 1926, and the Moody Boulevard beach ramp granting public access to the beach. Click on the image for larger view.

Flagler’s customary-use ordinance forbids the walling off of private sections of beaches, though a new state law allows just such segregation from public use. Flagler expects its ordinance to be challenged.

Floridian Wins 2nd Case at Supreme Court Over Arrest During Public Comment

June 19, 2018 | FlaglerLive | 9 Comments

Fane Lozman is asked to leave, then arrested, during the meeting's public comment period.

Justices, in an 8-1 decision, sided with Fane Lozman, who filed a lawsuit against the city contending that the arrest involved retaliation for his outspoken criticism of officials in the Palm Beach County community.

Cruel and Usual Trump

June 17, 2018 | FlaglerLive | 81 Comments

President Trump and Melania Trump signing a 'Be Best' initiative the day after Sen. Senator Jeff Merkley was barred from examining a children's detention center in Brownsville, Texas. (White House)

The Trump-Sessions zero-tolerance policy of separating children from their parents at the border has no precedent except in America’s slavery times.

The Truth About ‘Sanctuary Cities’

June 11, 2018 | FlaglerLive | 10 Comments

A rally in defense of sanctuary cities. (Chris Devers)

The term “sanctuary city” typically refers to a jurisdiction that wants to limit the use of local law enforcement resources to carry out federal law enforcement work, in violation of constitutional protections.

Pious Homophobes Win One

June 10, 2018 | FlaglerLive | 32 Comments

masterpiece cakeshop gay wedding cake

The Supreme Court in its wedding-cake ruling declared gays once again second-class citizens, at least when their sexuality has to compete with someone else’s more stone-throwing version of Christianity.

Bunnell Short-Lists Six Men For City Manager, But May Have Violated Sunshine Law

June 7, 2018 | FlaglerLive | 11 Comments

The Bunnell City Commission drew up its shortlist of candidates for city manager outside of an official meeting. From left, John Sowell, John Rogers, Mayor Catherine Robinson, Bill Baxley and Elbert Tucker. (© FlaglerLive)

The Bunnell City Commission short-listed six city manager candidates out of 18 outside of a public meeting, a method courts have found to violate the Sunshine law.

Court Largely Sides With Florida State In Weapons Dispute With Florida Carry

May 29, 2018 | FlaglerLive | Leave a Comment

guns florida state university

An appeals court Friday backed Florida State University in much of a legal battle with a gun-rights group about weapons on campus, though the case goes back to circuit court.

To Protect Public Use of Private Beachfronts, Flagler Calls on Memories of
Long-Timers’ Customs

May 23, 2018 | FlaglerLive | 23 Comments

customary use

To ward off a new state law potentially allowing private property owners to fence off beach sands, the Flagler County Commission is enacting an ordinance to preserve public use and forbid fencing.

Brushing Aside 1st Amendment Claim, Appeals Court Uphold Florida Ban on a Prison Magazine

May 22, 2018 | FlaglerLive | 2 Comments

prison legal news

Florida alone among 50 states bans Prison Legal News. Paul Wright, the publisher of the magazine, intends to appeal to the U.S. Supreme Court.

Israel’s Mass Shootings

May 20, 2018 | FlaglerLive | 30 Comments

A scene at the Gaza fence east of Gaza City in late April. (Muhammad Sabah, B'Tselem)

You can always depend on Israel periodically to mass-murder bunches of Arabs in proportions as lopsided and unforgiving as our own mass shootings in the U.S., then scapegoat the bloodletting.

Haspel, Spies and the Destruction of Evidence

May 13, 2018 | FlaglerLive | 20 Comments

gina haspel torture cia

The CIA official who ordered the destruction of videotapes that had documented the treatment of terror suspects, says he told Gina Haspel what he intended to do.

State Objects to Anonymity of 19 Year Old Woman Seeking to Join NRA Lawsuit

May 7, 2018 | FlaglerLive | 1 Comment

nra lawsuit secrecy anonymity

Lawyers for Attorney General Pam Bondi asked a federal judge to deny the anonymity request, calling it unjustified, and open court proceedings more important.

Compromise Over School Deputies in Flagler, But Look Beyond False Security of “Hardening”

May 3, 2018 | FlaglerLive | 10 Comments

school safety flagler

There’s an effective way to end the stalemate between the Flagler Sheriff and the school board over deputies in schools without breaking the bank or compromising security.

With Sharpton Headlining, Rally Calls For Restoring Felon Rights After Stinging Court Defeat

April 26, 2018 | FlaglerLive | 7 Comments

'By ruling on the eve of this rally, they gave us the impetus to really build a movement,' Al Sharpton said, referring to the federal appeals court's decision--a setback for those seeking to restore felons' voting rights. (NSF)

The long-planned march followed a late-night ruling from a federal appeals court that gave Gov. Scott a victory in a bitterly fought challenge to the state’s voter-restoration system.

With Social Media Surveillance, Flagler School District Is Breaching Community Trust

April 22, 2018 | FlaglerLive | 31 Comments

magritte le faux miroir social sentinel surveillance

With its contract with Social Sentinel, a social media snooping company, the Flagler school district is going into the secretive surveillance business for a much heavier cost than advertised.

A Palm Coast Resident Says “School Shooting” In a Facebook Video That Has Nothing To Do with School Shootings. Cops Show Up.

April 18, 2018 | FlaglerLive | 22 Comments

Tony Lagano, 35, of Palm Coast, describes himself as an artist and a musician who won't censor himself. (Facebook)

Tony Lagano, 35, was upset over a family court issue and alluded to a school shooting in a sarcastic Facebook video last week, only to be visited by sheriff’s deputies.

Students Raise Concerns, But Flagler School Board Approves Social Media Surveillance

April 18, 2018 | FlaglerLive | 30 Comments

Flagler County Student School Board members Margaret O’Mahoney and Jessica Middleton posed most of the tougher questions about the district's contract with Social Sentinel Tuesday evening, ahead of the board approving its contract with the social media trolling company. (© FlaglerLive)

The Flagler County School Board Tuesday approved a three-year, $55,500 contract with Vermont-based Social Sentinel to troll eight different types of social media accounts.

Flagler School Board Wants To Snoop on Students’ Social Media, And Maybe Yours. Wrong Move.

April 16, 2018 | FlaglerLive | 52 Comments

social sentinel spying snooping

The School Board is set to contract with Social Sentinel, a company that will troll social media accounts across Flagler for $18,500 and issue “alerts” to select officials. It’s an inappropriate move down a slippery slope.

Ballot Proposal Would Ensure Crime Victims Have Their Say in Plea Agreements and Sentencing

April 16, 2018 | FlaglerLive | 5 Comments

In Flagler County, victims routinely do so, and judges ask, during plea agreements and at sentencing, whether victims have been consulted. Victims also routinely address the court during sentencing hearings. (© FlaglerLive)

The proposal, which will need support from 60 percent of voters in November, would seek to ensure the rights of victims to receive information and provide input during criminal cases.

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