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......."Callaghan's outrageous statements to the media were intended to bias the public," the motion states, "and make the public pressure so intense that it would be difficult for any of the minors to receive a fair trial.".........
You Don't Think The AR Have Been Using A Similar Bias Strategy For Years Against Gamefowl Breeders In The Court Of Public Opinion, Do You?
In a sharply-worded, 12-page defense motion, Deputy District Attorney Sheila Callaghan is accused of bias for her personal history of animal activism and for several public remarks she made about the aquarium case. Penned by a deputy public defender on behalf of one of the accused boys, the motion calls for Callaghan's recusal.
"Because Callaghan is so entwined with animal rights and the aquarium, she cannot separate herself from this case," according to the motion, which is expected to be heard Tuesday before Long Beach Superior Court Referee Robert Ambrose.
The Los Angeles district attorney's office plans to oppose the motion.
"Who's saying that a person who cares about life including animal life can't be a prosecutor?" said Sandi Gibbons, spokeswoman for the DA's office. "There are a lot of us in the world that are interested in animals. That does not make us biased."
The controversy was sparked in November after three 13-year-old boys allegedly broke into the aquarium's Shark Lagoon exhibit, pulled two sharks and a ray from their tanks, beat them and left them for dead.
The boys were arrested upon a return trip to the aquarium the night after the vandalism and are awaiting an adjudication hearing the juvenile equivalent of a trial. A fourth boy, a 14-year-old who did not take part in the killings, was also arrested and has been sentenced to time in a probation camp.
Callaghan, who is involved in rescuing terriers, held a one-year membership with the aquarium when it opened in 1998 and attended a free seminar there recently in which local children read essays about the shark killings that were held following public outcry over the crimes.
In November, the deputy DA told the Press-Telegram that the aquarium case "went to the very fiber of (her) being" and that she would "accept nothing less than deserving punishments" for the offenders.
Those were some of the facts seized upon by deputy public defenders Michelle Paffile and Stephanie Sauter in drafting the Dec. 22 recusal motion, which argues that the boys are sure to receive unfair treatment.
"Callaghan's outrageous statements to the media were intended to bias the public," the motion states, "and make the public pressure so intense that it would be difficult for any of the minors to receive a fair trial."
The motion also assails Callaghan, a supervising attorney in the Long Beach juvenile division of the district attorney's office, for handling the case at all.
"Callaghan has not appeared in court or tried a case in the Long Beach Juvenile Court in at least two and a half years … (and) she is appearing on this one because of her emotional involvement in a case," according to the motion.
Callaghan declined to comment, largely based on the nature of the allegations, but Gibbons said she acted appropriately and ethically. In addition, Gibbons said, Callaghan never intended to handle the youth's adjudication hearing, but was temporarily filling in for another prosecutor because the office was short-handed.
As far as aquarium CEO Jerry Schubel is concerned, Callaghan should stay involved in the case.
"I think she has done a very good job of leading the prosecution," he said. "I think she has done it with just the right balance of compassion and corrective measures, which is the key to all of this."
He added, "Her association with the aquarium, as far as we're concerned, is limited to a one-year membership, the first year it was open."
Whether the recusal motion has legal merit will be up to referee Ambrose to decide. In a closed-session hearing Tuesday, Ambrose is expected to hear arguments on the motion, which may be joined by attorneys representing the other two boys. If the motion is granted, the case would likely be transferred out of Callaghan's office.
Laurie Levenson, a professor with Loyola Law School in Los Angeles, said the public defender's office may face an uphill battle.
"I don't think that strong feelings alone by a prosecutor would be sufficient conflict to recuse the prosecutor," Levenson said, adding that conflicts of interest generally arise when an attorney or judge has a personal stake in a particular outcome.
"It's not unusual for prosecutors to feel strongly about their cases," she said
Source: http://www.presstelegram.com/Stories/0,1413,204~31714~2642779,00.html
.......Not only do vegans not eat meat, they keep all animal products out of their diet. They do not eat milk, cheese, eggs, and any of their by-products (lactose, cysteine, gelatin, and so on) It is important to point out that, although veganism started out as a diet, today it has evolved into a full fledged lifestyle. Vegans apply their ethics in all aspects of their lives, be it by avoiding animal-derived garments such as leather, silk and wool, or by buying only products that were not tested on animals.
So The Exploitation Of The Human Animal Is Fine?
What are your reasons for wanting to keep this tattoo a secret?
Because the government (US and Canadian) will find any reason to track down, question and arrest animal rights activists in the name of “domestic terrorism”. I don’t want to give them any more fuel to their fire. Also, as of last year, I am “known” to them as an ARA and affiliated with certain other “known” ARAs. The ALF is still controversial even in vegan and animal rights circles. I find that arguing about the ALF with vegan and other ARAs who are against them a waste of time. It does nothing to help the animals because we can argue whether we agree with them or not until our faces turn blue, but it is not addressing the real issues here which are animal exploitation of any kind (food, clothing, “science”, entertainment, and so on).
Each day we pore through countless articles, reports, and websites to bring you the most cutting-edge information on the band of activists hell-bent on taking away our food choices. If you already subscribe, use the form below to tell a friend. If you don't, click here to receive the Center for Consumer Freedom's daily headlines.
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Change of venue in PAWS lawsuit
A change of venue has been granted in the lawsuit filed by John Ham of San Andreas against the Performing Animal Welfare Society (PAWS).
PAWS, based in Galt, owns the Ark 2000 sanctuary outside San Andreas, to which Ham is a neighbor.
Since PAWS built the facility in 1999, Ham has filed complaints about PAWS with Calaveras County, the regulatory agency for PAWS' permit.
Monday PAWS successfully petitioned the court to transfer the case to Sacramento County, since that is where PAWS President Pat Derby and Secretary/Treasurer Ed Stewart live.
Ham is suing PAWS for suing him in 2002 for conspiracy, defamation, harassment, and trespassing. PAWS alleged Ham published false and disparaging statements about them.
A provision in the California Code of Civil Procedure allows judges to "strike" unmeritorious lawsuits that may have a "chilling effect" upon free speech or other constitutional rights. Such lawsuits are called Strategic Litigation Against Public Participation (SLAPP). Ham filed an anti- SLAPP motion, which was granted for all charges but the trespassing in September.
PAWS lost its trespassing case against Ham when a judge decided PAWS gave express consent to Ham, who maintains PAWS had no evidence of the trespassing.
Ham claims Derby, Stewart and attorney Sharon Simms maliciously prosecuted him.
Kevin Krantz of San Andreas is listed with Ham as a plaintiff in the lawsuit. PAWS also sued Krantz for trespassing but the charges were dismissed.
Court documents said Ham and Krantz suffer humiliation, anxiety, embarrassment, anger, loss of enjoyment of life, emotional distress, and mental and physical pain and anguish.
A case management conference is set for 1:30 p.m. Jan. 24, 2005, in Department 9 of Calaveras County Superior Court.
The case will not be transferred until an order is processed and filing fees are paid, according to the court clerk.
"The case is not a complex one," Ham and Krantz's attorney, Bob Reeve, said in a prepared statement Monday. "Ham and Krantz only have to show that the former suit against them lacked any probable cause."
Contact Vanessa Turner at vturner@calaverasenterprise.com.
Source: http://www.calaverasenterprise.com/articles/2005/01/10/news/news02.txt