Mark Dymally is 5150 material


For background, first read my obituary on the late Mervyn Dymally, father of Mark Dymally:

For further interpretive background on what’s to follow, consider the following California laws–

Section 5150(a) of the Welfare & Institutions Code:

When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.

Section 653m of the Penal Code:


(a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith.



(b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business.


Now, aside from dozens of hang up calls placed to his ex-wife‘s cell phone [each of which is a misdemeanor under Section 653m(b)], here are the last five voice-message to text left on her cell phone by Mark Dymally:




“Don it’s mark look I received 3 different calls about what do went down that that that party at the ball is house when you guys got clark attempting to steal down that you’d be very very careful because that means has a contract on you right now.”



“Donna mark listen I heard what happened up with that house … that you went to the parking got discovered … of going through both ladies person in the bedroom donna the word on the street is that man has people out on the street looking for you and my … so you you guys gotta be careful because … I’ve got the state he said that he wants his people the beach you within into your life.”



“I know where you are … hi no with you … however.”



“Got you only your phone is on … you on the cellphone so now I’m home I can it is okay to call a. s. a. p. h..”



“Quick call me what’s up with that and we don’t know if you’re not you’re a great little role and okay I’ve got your number I’m turning in into to l. a. p. d. okay they’re gonna to find you through of global conditioning system okay all right and I’ll find you b. edge.”

UziIf Mark Dymally winds up getting “5150’d” over this pattern of behavior, it wouldn’t be the first time.  Nor would it be the only time he was taken into custody.  On December 20, 1985, he shot up his residence with an Israeli made Uzi sub-machine gun.  He was arrested and charged the next month.

So Mark, please cut it short but real short because serious legal reprisals will be made against you if you don’t.


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An outrage in Santa Rosa


santa-rosa-plazaThe latest outrage taking place in Sonoma County in the wake of the shooting of Andy Lopez by Deputy Gelhaus involves threats and humiliating treatment by Santa Rosa Plaza security officers who forced patrons, including women, to remove their shirts in public.  According to a letter by Justice Coalition for Andy Lopez (JCAL) attorney Jonathan Melrod to mall management:

This is to inform you in your capacity as owners and operators of the Santa Rosa Plaza of an incident that occurred on February 17, 2014 (Presidents’ Day).  On this Monday, uniformed security guards at Simon’s Santa Rosa Plaza perpetrated multiple acts on the Mall property in the upstairs Food Court that directly contravened your patrons’ First Amendment Rights to free and unfettered speech, as well as racially targeted and harassed Latino patrons. Such flagrant disregard for lawful rights and the treatment of Latino patrons as second-class citizens will not be tolerated by the Santa Rosa community.
Earlier in the afternoon on Presidents’ Day, many Santa Rosa youth, known locally as Andys Youth, and others peacefully marched under the banner of Justice for Andy Lopez. For your edification, Andy Lopez was a 13-year-old Latino boy shot and killed by a Sonoma County Sheriffs Deputy on October 22, 2013. The march proceeded peacefully and without incident through downtown Santa Rosa and concluded with a rally in front of the Santa Rosa Police Department where many of the young people poignantly spoke about the heart-wrenching loss of their friend and peer Andy.
Following the march, a number of the participants, including Andy’s parents Sujey and Rodrigo, visited the food court at the Santa Rosa Plaza to eat. At approximately 5:30pm, a contingent of Mall security guards approached the table at which Sujey, Rodrigo, their children and accompanying friends were eating. The security guards, who refused to provide their names, but who are on video in our possession, rudely and aggressively “instructed” the Lopez family and their friends to remove their t-shirts, which bore slogans such as “RIP Andy” and “Justice for Andy Lopez”. If they refused to remove their shirts, they were told that they had to leave the Mall.
The security guards specifically targeted only Latino patrons wearing Andy t-shirts. In fact, just one half hour earlier a white activist had walked in the front door of the Mall directly in front of the very same security guards without so much as a second-glance. Under any interpretation, the demand that Latino patrons, as a target group, remove their shirts was discriminatory and effectively treated a particular ethnic group as second-class citizens with limited free speech rights. Further, the actions by the security guards were a direct affront to the publics’ constitutionally protected First Amendment Rights – particularly the sacrosanct right of free speech – ironic as this occurred on Presidents’ Day. 
Mark A. Payne, Senior Associate General Counsel for the Plaza responded saying in part that, “Like you, Santa Rosa Plaza was shocked to learn that individual officers employed by the Plaza’s third party Security subcontractor elected to approach members of the group and ask them to remove the ‘RIP Andy’ or Justice for ‘Andy Lopez’ t-shirts that they were wearing.”  This is my response to him:

February 20, 2014

    Mark A. Payne, Senior Associate                       General Counsel

By email:

Dear Mr. Payne:

I have seen your response to Attorney Jonathan Melrod regarding the actions of security officers at the Santa Rosa Plaza. As a former seven-term chair of the board of the California Association of Licensed Investigators, I appreciate the difficulty of selecting competent security contractors and the further difficulty of keeping them in line with a client’s expectations.

Security officers guarding malls and other retail establishments should be trained to have at least a common sense understanding of their obligations under the Unruh Civil Rights Act as interpreted by the California Supreme Court in In Re Cox (1970) 3 C 3rd 205 and the implications of the subsequently passed Ralph and Bane civil rights acts in connection with that decision. As your letter to Mr. Melrod indicates that the actions in question were done by employees of a security contractor, I am requesting that you identify for me the name of the contracting firm and provide me with the company’s Private Patrol Operator (PPO) license.

It is my intention to report these serious violations by that company to the appropriate authorities at the California Bureau of Security and Investigative Services.

Thanking you for your prompt attention, I remain,

Respectfully yours,

Jan B. Tucker

State Director, California League of Latin American Citizens 

Andy LopezThe Bane, Ralph and Unruh Civil Rights Acts all provide for minimum civil penalties to the victims of such violations.  The Bane and Ralph civil penalties are potentially $25,000 each for each violation against each defendant, so the victims are looking at not less than $50,000 each not counting damages or punitive damages that the law provides should a jury find the security guards guilty.

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Bring Hollywood Home Legislation


BHHFAB 1780 has been introduced into the California legislature as a “spot bill,” a bill that is essentially a place holder in the legislative process until the actual language of the bill is negotiated with the bill sponsor (which in this case is the Bring Hollywood Home Foundation) and other interested parties and formalized through the legislative counsel’s office.  AB 1780 at this point declares the intent of the legislature (the road map for what AB 1780 is intended to accomplish) to enact “…a transferable tax credit for specified motion pictures in an amount equal to 20% of production and post production expenditures…”


Tim Donnelly

A couple of interesting points.  Republican State Assembly Member and candidate for Governor in the June primary Tim Donnelly is the bill’s official author.  With Democrats usually falling all over themselves to suck up to the elites of the Hollywood corporate establishment (major donors to their campaigns) one might normally wonder why no Democrat would agree to carry this bill.   The problem is that Bring Hollywood Home Foundation (BHHF) is more interested in promoting jobs for the working class of the movie industry through independent production, an anathema to the corporate controlled film studios.



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United Parking–Ripping Off Workers


United Valet ParkingUnited Parking/United Valet Parking Inc. (UVP) holds Los Angeles City Business Licenses for over 100 lots and is licensed by the Los Angeles City Police Commission to operate them.  As is typical in “pay to play” politics in Los Angeles, the company and its owner over the years have contributed thousands of dollars to Los Angeles politicians they consider to be friendly or at least in their interests to get or keep in office.  Most recently, on December 30, 2013, the company gave $700 to City Council member Jose Huizar who’s facing a big re-election fight because of allegations that he sexually harassed female staff members.

UVP routinely violates Sections 6400 and 6401 of the Labor Code, and Section 42.00(c)(1) of the Los Angeles Municipal Code by having their employees stand out in the street in traffic to solicit motorists to park in their lots:

20140110_142937 (2)20140110_143009 (2)Left:  UVP employees violating LAMC 42.00(c)(1)



Sections 6400 and 6401 of the California Labor Code require companies to keep their employees safe and not permit inherently unsafe work (like standing in the middle of the street during traffic) while LAMC 42.00(c)(1) provides that:

No person shall on any street offer for sale, solicit the employment of, or announce by any means the availability of, any goods, wares, merchandise, services or facilities, or solicit patrons for or advertise any show, exhibition, entertainment, tour, excursion, sight-seeing trip, or real estate viewing or inspection trip.  (Amended by Ord. No. 182,708, Eff. 10/20/13.)

Stealing Tips

In all my years as as a private investigator and former union organizer and labor union official I have never actually heard of an employer stealing tips from its own employees.  I have heard of restaurants who required waitresses to share tips with other employees, like busboys or chefs, but at least there’s a rational basis for the practice (and it’s rare).  But UVP is currently being sued for a policy that’s just beyond the pale of civilized corporate behavior.

In Los Angeles Superior Court Case No. BC529988, UVP and its owner, Kenny Sabet, are being sued for, amongst other things, deeming the tips earned by their employees to be company property and requiring those tips to be turned over to their supervisors at the end of each shift.  This is really sick.  Click the link below to see a copy of the civil complaint filed in Case No. BC 529988:

What should you do about this?

If a garment factory in Bangladesh is producing shirts for American markets and the workers are being exploited, then you stop buying from the companies that sell those products and let them know why.  If an American tech company is selling computers made in China under sub-standard labor conditions, same standard applies:  engage in a secondary boycott of those selling the computers, because you can’t do anything directly to otherwise influence the manufacturers.

So, please don’t do business with any of these establishments unless they pledge to fire United Valet Parking and get in a decent and humane operator to manage their parking and valet services:

AGO Restaurant


8478 Melrose Ave. West Hollywood, CA 90069


Tel.: 323.655.6333



Chloe Boutique Melrose Place


8448 Melrose Place Los Angeles CA 90069





Comme Ca Restaurant


8479 Melrose Ave., West Hollywood, CA 90069 323-782-1104



Fig & Olive


8490 Melrose Place


West Hollywood, CA 90069


310 360 9100



Fogo de Chao


133 N. La Cienega Blvd., Beverly Hills, CA 90211


(310) 289.7755





11777 San Vicente Blvd, Brentwood, CA 90049


(310) 207-8744



Le Petit Bistro


631 N La Cienega Blvd, West Hollywood, CA 90069


(310) 289-9797





8474 Melrose Ave, Los Angeles, CA 90048


(323) 655-6277





8460 Melrose Pl, Los Angeles, CA 90069


Phone:(323) 782-1101





246 N Canon Dr, Beverly Hills, CA 90210


(310) 888-8782



Monique Lhuillier


8485 Melrose Place. Los Angeles, CA 90069. 323.655.1088




903 N La Cienega Blvd, West Hollywood, CA 90069


(310) 657-5711



Oscar de la Renta


8446 Melrose Pl, Los Angeles, CA 90069


(323) 653-0200





9575 W Pico Blvd, Los Angeles, CA 90035


(310) 277-0133



Serge Normant @ John Frieda Salon


8440 Melrose Place, West Hollywood, California 90069


(323) 653-4040





9575 W Pico Blvd, Los Angeles, CA 90035


(310) 277-0210





755 N La Cienega Blvd, Los Angeles, CA 90069


(310) 659-3535



Taste on Melrose


8454 Melrose Ave, West Hollywood, CA 90069


(323) 852-6888



Stinking Rose


55 N La Cienega Blvd, Beverly Hills, CA 90211


(310) 652-7673











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Anti Gay Laws throughout the world


Anti Gay Laws

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Abused after death at LA Co Jail


Soon to be ex-Sheriff Lee Baca at L.A. County Jail

Soon to be ex-Sheriff Lee Baca at L.A. County Jail

It’s bad enough to die in custody; do they really have to abuse you after your demise?  Here’s the latest from a Whistle Blower in the jail system who reports that an inmate in Los Angeles Mens Central Jail Module 4200 hanged himself:

….an inmate in mens central jail LA  hung himself yesterday   Jan. 29 2014   then when the coroner arrived, they put the body on a stretcher and the body fell off at some point                     going up the stairs   ….



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Whistle Blowers Welcome & Protected



Whistle blowing on Crime in the Suites

Crime in the SuitesPoliticians usually rant and rave to get re-elected about “crime in the streets” and write draconian and frequently insane laws to spend taxpayer money willy nilly to do something about it. One of these days I’d like to see them get really serious about white collar crime in the suites, such as Banksterism. Banksters in my book should be treated with laws and sentences that are just as draconian as those targeting so-called street Gangsters.

In corporate America, whistle blowing can be just as dangerous to your health and job as informing on a street gang

In corporate America, whistle blowing can be just as dangerous to your health and job as informing on a street gang

Recently I’ve seen an uptick in Whistle Blowers responding to my blogs. This is a special thank you to the anonymous person who sent me information recently on Hanmi Bank. I’ve sent the information on to the FBI, Commissioner Jan Lynn Owen of the California Department of Business Oversight (Hanmi is a California State chartered bank), Melissa Schaetz (Senior Consumer Compliance Manager for the Federal Reserve Bank of San Francisco), and Rep. Maxine Waters (my own congressperson who is a member of the House Financial Services Committee).

If you want to blow the whistle on corruption of any sort, I will protect your anonymity to the best of my ability.


Aside from my role as a private investigator which gives my sources a certain degree of protection under Section 7539(a) of the California Business & Professions Code, I also am protected by the immunity conferred by the California Constitution Article I, Section 2(b) and California Evidence Code Section 1070. I am a card carrying member of the Pacific Media Workers Guild Local 39521. I formerly served as the First Vice President of Newspaper Guild Local 39069 under presidents Gary North and Joe Segura. I am criminal justice and legal affairs columnist for CounterPunch Magazine as well as the operator of this Detective’s Diary blog.

So, if you have tips, leaks, evidence, or anything else you want to blow the whistle on, email me at:

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Ivan Illich’s Toe by Rudy Acuna





Ivan Illich’s Toe




Rodolfo F. Acuña




L to R:  Jan B. Tucker, Dr. Rudy Acuna, Estela Ayala; @ Tia Chucha's

L to R: Jan B. Tucker, Dr. Rudy Acuna, Estela Ayala; @ Tia Chucha’s

Other than my stint in the army, the first time I had ever been outside of Los Angeles for more than a week was in the spring of 1971 when I visited Cuernavaca, Mexico for several months. Bored as hell I gravitated to el Centro Intercultural de Documentación (CIDOC) – a think tank founded by that Ivan in 1961. Illich was a guru who warned against the First World’s the imposition of its cultural values on Latin America, founding CIDOC to train priests and nuns to think of themselves as guests and not the saviors of the poor.





IllichLike almost every intellectual hippie of the time, I was anxious to listen to Illich, a radical priest who was in hot water with the Vatican for his criticism of Western culture. Born in Vienna to a Croatian Catholic father and a Sephardic mother, Illich spoke at least eight languages and had a doctorate.





Part of his mystique was that he had worked as parish priest in a poor Puerto Rican New York neighborhood. At 30, he was appointed as the vice rector of the Catholic University of Puerto Rico. Controversy followed him, and he resigned from the priesthood. He had come to the attention of the Vatican through Opus Dei.





Deschooling societyIllich’s publication of Deschooling Society (1971), a critical discourse of public education, moved him to the eye of the storm. According to Illich, universal education through schooling was not feasible, and he said de-institutionalizing education was starting point in de-institutionalizing society.





Schools, according to Illich, confused process and substance. Students were “schooled” to confuse teaching with learning, and success with a diploma. According to Illich, they schooled the students’ imagination to accept service in place of value. His solution was to get rid of the myth that bureaucracies guided by scientific knowledge were efficient and benevolent.





Illich called for collaborative learning. Admittedly, Illich’s hyperbole created a storm with approval of libertarians of the right and left who interpreted him they the way they wanted to. The value of Illich was not his theory; he was not a scientist but a thinker, a philosopher. He contributed to awakening the intellectuals’ cultural consciousness to the insidious effects of institutional dependency.





Illich’s dragon was the monopoly of the schools of education that in turn blinded poor people and gave them the illusion that schooling was the answer to their problems. The objective of schooling thus became the acquisition of material goods in order to increase their consumption.





According to Illich, schools served a function similar to that which the established church once played in claiming a monopoly as the repository of society’s myths. Illich distinguished between skill acquisition and humane education. Only by deschooling society would we be able to eliminate hierarchies and the mass production of education.





As an educator I was not enamored with the idea of eliminating schools. I had spent most of the sixties fighting for better access to education for minorities, and for me it was a question of who controlled the schools. Illich’s vision at the time seemed too utopian.





About this time, Illich sauntered into the CIDOC’s courtyard. He was wearing black cotton pants, a white guayabera, and sandals. But the only thing I saw at the time was his big toe; it was enormous. The crowd of a couple of hundred people went wild. “Ibán!” “ee-bán!” They shouted, “Ibán, what is knowledge?”





Tools for convivialityIt all began to come together with his next book Tools for Conviviality (1973), which continued the theme of specialized knowledge and technocratic elites in an industrial society. Illich boldly called for the reconquest of practical knowledge. “The result of much economic development is very often not human flourishing but ‘modernized poverty,’ dependency, and an out-of-control system in which the humans become worn-down mechanical parts.”





Illich PauloFreire..laeduc.Illich argued that we needed convivial tools; people had become the servants of machines. The book put Illich at the forefront of critical pedagogy along with Paulo Freire.





Illich attacked the do-gooders and their paternalism. In this book, Illich uses phrases such as “The altar of science,” explaining “Many shamans and herb doctors familiar with local diseases and remedies and trusted by their clients had always had equal or better results.”





According to Illich, “medicine has gone on to define what constitutes disease and its treatment.” Convivial Tools were a means for individuals and communities to take back control over technologies, which had been monopolized by professional elites.





Convivial was defined as the degree of a person’s control over a tool. People controlled a telephone but not television. Building homes was at first a convivial tool, but with the rise elite of housing contractors and strict building codes a person lost the option of building his own house in his spare time.



Ultimately, Illich was concerned with people’s freedom to be creative; he insisted that creative activity required the use of tools, which can be controlled by the individual using them. Her mastery and control of the tools “Tools foster[ed] conviviality to the extent to which they can be easily used, by anybody, as often or as seldom as desired, for the accomplishment of a purpose chosen by the user.”



Over the years I have related more to Tools for Conviviality than Illich’s other works, although my admiration for him has grown. I can think of many theoreticians but very few pure thinkers.



illich singerThis week I begin another semester. I am often asked how my present students differ from those of forty-four years ago. That’s where Tools for Conviviality comes in. My classes are overwhelmingly first generation university students, three quarters are Latinos, and almost all are working class. Every semester I ask them how many can use a sewing machine, keeping in mind the pedal powered Singer that we had when I was growing up.



When I first asked the question over three-quarters raised their hands. Last semester the number fell to two and that included me. Only two knew how to sew buttons on their shirts or blouses, and none had ever darned a sock. These were all routine when I was growing up.



On some Sundays I go out and watch immigrants hit the garage sales, picking up perfectly good clothes often almost new. A button is missing, or a zipper is jamming. They take the piece of clothing, put a button on it or a zipper, wash, starch and iron it, and give it to relatives back home.



When I was a child we would go downtown and window shop. My aunt would sketch the latest fashions, and if she liked a dress she would buy a pattern and a piece of cloth and make it. Today my students buy a blouse for $35 that they could make for $2.00.



My rumination about Illich’s toe was triggered by a conversation that one of my colleagues had with a part time instructor. Apparently the latter was miffed about our fight with the administration over the privatization of the university. She responded that why make a big deal about it, we could do nothing about it.



I (Jan B. Tucker) had the distinct privilege of taking a graduate seminar on Foucault taught by Foucault friend, Simeon Wade; but my studies under Rudy Acuna were far more important to my intellectual development.

I (Jan B. Tucker) had the distinct privilege of taking a graduate seminar on Foucault taught by Foucault friend, Simeon Wade; but my studies under Rudy Acuna were far more important to my intellectual development.

The part-time instructor thought of herself as educated, after all she had read Michel Foucault in grad school. But I guess she cannot appreciate or hear the chants of “ee-bán!” or admire his huge toe, and perhaps that is why she does not know the definition of the word struggle.



A Gift



Every time I come out with a new edition of Occupied America, I feel guilty. The cost of books has gone through the roof. For this edition I wanted to say thank you so I am posting online a 194 page Student/Teacher Manual—or, as I call it, the “Mini-book”—that is over 194 pages. It is designed to accompany Occupied America, it is also meant to guide the students through Chicana/o history as well as periodically refresh their knowledge of the field. The manual also makes Occupied America and the field of Chicana/o history more online friendly for teachers and students. It makes heavy use of the internet. If the hyperlink is down, please email me to It is available free of charge at It is also available on the link for Center for the Study of the Peoples of the Americas (CESPA; . It is not much but perhaps it will facilitate more Chicana/o History courses and your learning.




Rudy Acuña




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Telephone Metadata and Due Process



An Inarticulate Defense of Data Collection: It’s not just about prevention



Over and over and over again I hear everybody from President Obama to Senator Dianne Feinstein defending the continued collection of “meta-data” from telephone company records as being justified in that it might just help America prevent or disrupt a terrorist plot in the future. That is a possibility, but with no examples to trot out for the public, people remain skeptical.



Future prevention is by far not the only reason that there is a legitimate reason to collect and maintain meta-data records. From the government’s perspective, it puts a severe crimp into efforts to investigate everything from terrorist actions, to espionage, to organized crime, to cold case murders and other run of the mill felonies if you don’t have access to this data. From the private sector’s perspective, not having a government entity in control of this data limits the potential that this data can be used in an investigation for habeas corpus petitions to free falsely or improperly convicted inmates (perhaps even those facing the death penalty) or even to exercise the average person’s civil due process rights to chase down the assets of dead-beat dads, protect themselves from racketeers, stalkers, and hate crimes, or virtually any other legitimate effort where old records are needed.



The basic problem for the government is that the telephone companies don’t keep their data forever. It’s a pain in the ass to (a) store the data and (b) respond to subpoenas from the government and the private sector for the stored data. It’s not a service that makes them any money and probably is a money loser.



Presidents analystOne thing I can’t understand about the media, pundits and other assorted talking heads in this whole debate is why nobody has drawn a parallel to The President’s Analyst, a cult film released December 21, 1967—shortly after its star, James Coburn, had become a founding member of the Peace & Freedom Party (and remained registered PFP until his death). In the plot of the film, it turns out that the telephone company is more dangerous than any government on Earth (from Wikipedia):



Kropotkin arranges a pickup with his trusted CEA colleague Don Masters, but Schaeffer is kidnapped again — this time by The Phone Company (TPC), a far more insidious organization than the FBR or KGB, which has been observing him throughout the film.



James Coburn telephone companyTaken to TPC’s headquarters in New Jersey, he is introduced to the head of TPC (Pat Harrington, Jr.), who wants Dr. Schaefer’s help in carrying out their plan. TPC has developed a “modern electronic miracle”, the Cerebrum Communicator (CC), a microelectronic device that can communicate wirelessly with any other CC in the world. Once implanted in the brain, the user need only think of the number of the person they wish to reach, and are instantly connected, thus eliminating the need for The Phone Company’s massive and expensive-to-maintain wired infrastructure. (The operation of the CC is shown in animation that parodies the animated sequences in the Bell Telephone Science Series television programs.)



Conspiracy theorists really ought to resurrect this film immediately to fuel the publics’ paranoid delusions of grandeur.



Investigating Sleepers



How do you investigate a "sleeper" agent if you can't check their old phone records?

How do you investigate a “sleeper” agent if you can’t check their old phone records?

My blog at  tells a bit about an investigation into espionage I began in the private sector which was taken over by FBI Counter Intelligence. For reasons that should be obvious, I can’t go into details inasmuch as the investigation is on-going. Consider this: in the private sector I stumble onto a “sleeper agent,” a foreign espionage agent spying on America’s defensive (and I am specific about “defensive” and not “offensive”) capabilities. It is unknown by either the FBI or myself as to how long his espionage activities have gone on in the United States. Should the government not have the capability of checking to see who this person has called since he’s been in the United States?



If you’re answer is no, I’d really like to hear your thinking and your justification. BTW, in this real life situation, the spy is working for a government which executes people for being Gay, flogs women for asserting their rights under the International Covenant on Civil and Political Rights, tortures and shoots people for demonstrating for free elections; yeah, one of those kinds of regimes.



Some so-called civil libertarians have their


heads up their asses when it comes to the real world



ACLU TelephonesUsually, I agree with the ACLU, but when it comes to their legislative positions on privacy legislation, the organization evinces a class bias against the average criminal defendant who is too poor to pay membership dues to the ACLU. Example: some years ago the ACLU California lobbyists teamed up with the Sheriffs and Chiefs of Police associations to deny access to DMV address information to criminal defense investigators who need to find witnesses, giving police detectives a monopoly on this data to help put people in jail. The ACLU argued in writing that criminal defense investigators have adequate resources to find witnesses and refused to answer questions or debate the issue with me (I challenged their lobbyist to debate the issue in front of ACLU chapters). The fact is that not only does this impede just about any criminal defense investigation, it has a disparate impact upon the most oppressed people, undocumented immigrants, because witnesses to crimes committed by or against them also tend to be undocumented immigrants and it’s super difficult to find those witnesses. Frequently, the only way to find them is through vehicles which they owned even if they did not have driver licenses but because of the ACLU, private defense investigators don’t have access, period (you can’t even subpoena the information).



5th AmendmentThe debate on whether the government should own and control the data base of telephone company meta-data as opposed to forcing the telephone companies to continue to maintain old data needs to be looked at from the perspective of what the government’s obligations are under the due process clause of the Fifth Amendment to provide criminal defendants with potentially exculpatory evidence and the Sixth Amendment and the compulsory process clause of the Sixth Amendment. If the government has this data in its own possession, just as the government can use this information to investigate and convict somebody of a crime, so too does it have an obligation to provide access to this data base to criminal defense lawyers and investigators to help exonerate people or at least provide them with a fair trial. Telephone companies are under no constitutional obligation whatsoever to provide criminal defendants or anybody else with potentially exculpatory information that they might just happen to have in their possession; the government is.



The ACLU fought tooth and nail against legislation requiring people arrested but not convicted of crimes to provide DNA samples. Upon my recommendation and that of my criminal defense investigator colleagues then on the legislative committee of the California Association of Licensed Investigators (CALI), CALI endorsed this legislation not because it would help law enforcement but because it was likely to help the defense free people from wrongful convictions….and we have been proven right. Take the case of James Ochoa:



If, as the ACLU had urged, this data base didn’t even exist, James Ochoa would still be in prison. Just as I predicted this kind of outcome from the practical aspects of the government creating this data base, an unplanned outcome of the government taking over the telephone companies’ meta-data collection may very well be that the private sector is aided in perfectly legitimate investigations to protect the constitution, not void it.




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LA Connection to African LGBTI attacks






On Monday January 13, 2014 Nigerian President Goodluck Jonathan signed into law a measure which states that “Persons who enter into a same-sex marriage contract or civil union commit an offence and are each liable on conviction to a term of 14 years in prison…” and that “Any person who registers, operates or participates in gay clubs, societies and organizations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison.” The Nigerian law follows legislation in Uganda which established life in prison for what it calls “aggravated homosexuality” and “years in prison for anyone who counsels or reaches out to homosexuals, a provision that would ensnare rights groups and others providing services to lesbians, gays, bisexual and transgender people” according to CNN.



These anti-LGBTI laws in Africa are indirectly related to the recent decision of the United Methodist Church in America’s decision to defrock Rev. Frank Schaefer of Pennsylvania for refusing to recant after performing a same-sex wedding for his Gay son and son-in-law.



Adonijah Okechukwu OgbonnayaSeveral years ago the UMC brought in Adonijah Okechukwu Ogbonnaya as pastor at the Venice United Methodist Church. “Dr. O” as he is called is an Igbo tribe member from Nigeria…..and he’s a religious fanatic who has campaigned all over Africa for anti-LBGTI legislation while throwing LGBTI children out of youth programs at the VUMC, running Latinos out of the VUMC, and apparently colluding with a long time youthful church member to fabricate charges of molestation against another church leader.



Dr. O’s fanaticism does not stop with LGBTI issues. OGBONNAYA has expressed, personally to me, the following beliefs, which indicate nothing short of apocalyptic fanaticism:



In connection with the Igbo tribal belief that they are descendants of ancient Hebrews, he believes that Israel will eventually be destroyed;


Biafra” must be resurrected through secession from Nigeria;


The survivors of the destruction of Israel will be brought to “Biafra” as their new homeland.



Biafra was the short lived Ibo secessionist state of Nigeria which fought a bloody civil war from 30 May 1967 to 15 January 1970 (exactly 44 years ago today). Of the 13.5 million population, estimates of civilian casualties of the war are between 1-3 million people. The group that Dr. O has advocated and organized for is described in Wikipedia:



The Movement for the Actualization of the Sovereign State of Biafra (MASSOB) advocates a separate country for the Igbo people of south-eastern Nigeria.[16] They accuse the state of marginalising the Igbo people. MASSOB says it is a peaceful group and advertises a 25-stage plan to achieve its goal peacefully.[32] There are two arms to the government, the Biafra Government in Exile and Biafra Shadow Government.[33] The Nigerian government accuses MASSOB of violence; MASSOB’s leader, Ralph Uwazuruike, was arrested in 2005 and is being detained on treason charges; MASSOB is calling for his release. MASSOB is also championing the release of oil militant Mujahid Dokubo-Asari, who is facing similar charges.[16] In 2009, The MASSOB launched “the Biafran International Passport” in response to persistent demand by Biafrans in diaspora.[34]



A Los Angeles Weekly report in 2010 on Dr. O noted that:



The church’s new pastor, A. Okechukwu Ogbonnaya, who was appointed in June and moved here from the Chicago area, abruptly ended the youth group’s active participation in Sunday morning services, which had included performing raps and poems to the full congregation about their spiritual journeys.



Then Ogbonnaya, a fiery preacher during his Sunday sermons, forbade the kids from conducting their own service in the sanctuary.



Finally, the pastor locked the youth group out of its nighttime meeting room in the church complex.



Pine says he and other members of the youth group are still gathering, praying and talking — in the darkened Venice church parking lot twice a week.



“To be locked out from a place that I love to go, it felt like getting kicked out of my own home,” says Robert Alvarez, 18, who prays alongside Pine.




According to a former VUMC church official a person utilized by Dr. O to bring allegations of homosexual sexual misconduct was represented as being previously unknown to Dr. O prior to his VUMC assignment. However, the individual identified as having brought the charges against the other church leader turns out to have a record of utilizing Dr. O’s social security number in 2004, 2005, and 2010 in Auburn and Puyallup, Washington, when Dr. O was also living in those cities.



An internal complaint by long time church members to the UMC went nowhere:


JudicialComplaintDrOgbonnaya - SignedByChurchMembers_002

 JudicialComplaintDrOgbonnaya - SignedByChurchMembers_003


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