Monday, October 27, 2008

Bondsman Tracked and Arrested Animal Abuser

The Kern County woman accused of animal cruelty has finally been arrested. A bail bondsman tracked Anita Gilbert to the Los Angeles area, and 20 cats were found in a motel room she rented in Oxnard.

Gilbert was arrested Thursday night in Reseda near a friend's house. Bail bondsman Bob Herman said he and his investigators had staked out the area, and saw Gilbert drive up in a black BMW.

Investigator Silvio Suarez said as they approached her, Gilbert took off running and yelling. "That she had cancer, which is a lie. That she has heart problems, which is a lie. She's a pathological liar," said Suarez.

Herman said Gilbert said she had cats in a motel room where she had been staying in Oxnard. The bondsman and investigators went to that motel where they found a room in a complete mess, with 20 cats left in it.


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Alberta Fighting for Tighter Federal Bail System

Alberta's justice minister plans to spend a lot of time in Ottawa this fall, arguing that bail legislation needs to be sharpened so confidence in the justice system isn't undermined by the release of suspects charged with serious crimes.

Alison Redford says she will urge the federal government to give judges the flexibility to detain more people, fearing their release in cases of serious crimes could "bring the administration of justice into disrepute."

Redford has been talking extensively with her counterparts in B.C. and Saskatchewan -- and plans to speak to other provincial and territorial ministers -- in a bid to win support for Alberta's initiative.


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Thursday, October 23, 2008

Bounty-Hunting Pastor Helps Put People On the Right Path

Dr. Butch Varner is many things to many people.

He may be a fugitive’s worst nightmare, a preacher of the good news for the sin-sick soul or a trumpeter who completes a worship band. He’s also a husband, father, military veteran and man of letters.

“We don’t want to be what people think of as a stereotype religious ministry,” said Mr. Varner, the pastor of Hamilton Pointe Church in Hixson. “Being a bounty hunter/pastor is iconoclastic. We enjoy that. That makes us more approachable.”

Today, some words from the Chattanooga man who has combined two unlikely professions.


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Monday, October 20, 2008

Lord Chancellor in Britain Denies Need to Change Laws

Judges will still be permitted to grant bail to defendants charged with murder or manslaughter if Jack Straw follows their advice.

The Lord Chancellor launched a low-key consultation exercise in June after two controversial killings, one by a defendant awaiting trial for killing his wife.

Garry Weddell, a police officer, had been granted bail in July 2007. Six months later, he killed his mother-in-law before taking his own life.

The other case concerned Richard Whelan, a passenger on the top deck of a London bus who was fatally stabbed after remonstrating with his killer for throwing chips at passengers.

After two inconclusive trials, Anthony Leon Peart pleaded guilty to the manslaughter on grounds of diminished responsibility. There was extensive public concern because Peart had been released from prison on that day of the killing — despite a warrant out for his arrest.

Some people were surprised to discover that the presumption in favour of bail applies in murder cases as well as others. Shortly afterwards, though, Mr Straw spoke up for the judges.

“The decision as to whether to grant bail to a defendant is always a difficult one for judges and magistrates,” he said. “These must be independent judicial decisions based on the law as it is, and they do so to a very high standard.”

The Lord Chancellor maintained this measured tone in the introduction to his consultation paper in June.

“It is vital to ensure that the courts strike the right balance between respecting individuals’ right to liberty and protecting the public,” he said. “I do not take it for granted that it will be necessary to amend legislation, but we shall not hesitate to bring forward whatever change in guidance, rules or the law may be needed.”

And are changes needed? No, say the criminal appeal judges in a response just made public. “Some crimes cannot be predicted, and, in consequence, they will not be prevented by implementing reforms to the legislative regime which governs bail.” In their view, “it would be unhelpful to make cosmetic changes to the current provisions” given that judges already apply “a rigorous approach to the exercise of their discretion as defined by statute”.

And that view is shared by district judges who sit in magistrates’ courts — or “stipendiaries” as they used to be called.

“There is, in essence, nothing wrong with the present state of the law,” they say. “There is nothing to suggest that a difference in the law would have affected the decisions reached in the cases of Peart and Weddell; neither can courts protect against future actions which on the facts before them simply cannot be anticipated.”

But this is where the law of unintended consequences comes in. The district judges draw attention to a damning report on the Peart case published in April by the four inspectorates that review the Crown Prosecution Service, the police, court administration and the prisons.

“There is no single or specific act or omission in the course of events which can properly be said to constitute a predictable link leading to the chain of events leading to the defendant killing Richard Whelan while there was an outstanding warrant for his arrest,” the inspectors reported. “However, what we have found is what may best be described as a lackadaisical or nonchalant approach within the criminal justice system to many routine aspects of the handling of cases, the cumulative effect of which was to lead to the [killing].

The inspectors’ warning should be heeded, say the district judges.

“It is clear to those of us who sit daily in the magistrates’ courts from our meetings with relatively senior CPS and court legal staff that they are not even aware of the review’s conclusions and recommendations. In our experience, there continues daily in magistrates’ courts to be a lack of diligence in verifying suggested bail conditions and scant evidence of prompt and thereafter effective enforcement of those conditions.”

The district judges referred to cases where a defendant appeared in court, only for it to become apparent that he had broken some of his conditions while on bail.

“Appropriate action is not always taken — namely the immediate arrest of the defendant pursuant to section 7 of the Bail Act 1976 — be it because of a lack of police resources or a lack of knowledge on the part of prosecutors and legal advisers as to the correct procedure to be adopted.”

Crown Prosecution Service lawyers routinely provide the court with a list of previous convictions that does not include up-to-date details of the last period in custody nor impending prosecutions for which the defendant may already be on bail, the district judges complain.

“The police often bail offenders who are already subject to and have offended on bail; indeed it is not uncommon to witness in court the non-attendance of defendants bailed by the police for offences which include failure to surrender to bail.

“A failure by the police to understand the provisions of the Bail Act 1976 and their application is evident in some areas, as is their refusal to accept assistance offered both by court and CPS staff to engage in joint training for those responsible for making/advising on decisions as to bail.”

The district judges’ response is endorsed by the campaign group Justice, which quotes a further extract from the inspectorate report.

“The most striking feature of our findings,” said the inspectors, “does not relate to the systems and processes which were then in operation (some of which could be stronger), but to the attitudes and cultures of the criminal justice system to the handling of cases involving the commission of further offences while the defendant is on bail and the degree of tolerance towards non-compliance with bail conditions.”

The message to Mr Straw is clear — indeed it has been since the inspectorate report was published in April. We don’t need a high-profile change in the law on bail. What we do need is steady, unglamorous training to ensure that the existing law is properly applied.

But that would cost money, as well as bumping up the prison population. Something of a dilemma for the Government? Its response to this consultation paper should make interesting reading.

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More News About Wargod

Three of the wannabe bounty hunters who allegedly stormed a home for the elderly looking for a fugitive said on Friday that they had been duped by the ringleaders of their outfit.

The five-person fugitive recovery agency, Wargod Inc., operated illegally — without certification by a court system or being employed by a bail bondsman — according to police.

Professional bondsmen, who post bail for defendants, must obtain their licenses from the state Insurance Department and register with their local district attorney. They also must maintain a phone number and operate an office in each county in which they work, according to Insurance Department regulations.

Wargod's alleged leaders, Lawrence Colon, 39, and Kelly Hefferon, 40, whose home on Route 715 in Jackson Township was the outfit's base of operations, purportedly convinced the rest of their team members — and one of their parents — that the firm was legitimate.

"They even told me they had all those papers from the court and the state," Lucienne Normil, mother of Wargod member Darryl Normil, 21, said Friday outside District Judge Debby York's office.

"Those three are innocent," she said, referring to her son and to Anthony Laino and James Farrell, both 35.

Normil waived his right to a preliminary hearing. He faces charges that he impersonated a public servant, which is a misdemeanor, and summary charges for improperly using emergency lights and signals on his Ford Focus. His bail was reduced from $100,000 to $10,000.

He also stands accused of a felony charge for possessing a firearm. Already convicted of a felony, he is barred from having weapons.

Normil had previously been sentenced to a year's probation for theft and receiving stolen property. About six months later, he pleaded guilty to using another person's credit card without authorization.

Wargod initially attracted police attention after Hefferon's neighbors complained repeatedly about shots being fired in her back yard and sirens sounding until after midnight.

On Sept. 26, state police went to the house after another complaint from neighbors. Unbeknownst to police, Wargod was out hunting for a wanted criminal.

According to police, Wargod's search took them to West Gate apartments, a home for the elderly. They ran up and down the halls and tried to get into an apartment, which prompted a 911 call.

Wargod's appearance — black military fatigues, assault vests with empty holsters, badges, cans of mace and handcuffs — also prompted an emergency phone call in downtown Stroudsburg.

State police met with the members of Wargod once they returned to Hefferon's house that night. Officials later ran a background check and discovered that the company was not properly licensed and that two of its members, Normil and Colon, were felons.

"There were some things that should've been done that were not done," a pained Anthony Laino, 35, told reporters as he was led out of York's courtroom.

"I just made the mistake of being with the wrong crowd," Laino said before state police drove him away. "I just want to forget about this."

Charged with the misdemeanor impersonation charge, Laino had his bail reduced to $5,000. He waived his right to a preliminary hearing and proceeded straight to trial.

On his way out of the courtroom in police custody, Farrell said that Colon had duped him.

"He had a good line," said Farrell, who also waived his right to a preliminary hearing. "He said it was legal."

Farrell apologized to police and said he would no longer attempt to be a bounty hunter. "Next time, I'll let them do it," he said.

Accused of the misdemeanor impersonation, Farrell's bail was reduced to $1,000.

All three — Laino, Normil and Farrell — are cooperating with the District Attorney's office, according to Assistant D.A., Colleen Mancuso.

But she did not believe ignorance excused their actions.

"They knew and should have known because of their backgrounds that this could not be legitimate," Mancuso said. "What was their thought process? They could've been killed."

Colon and Hefferon, who did not comment when separately leaving York's courtroom, allegedly also made other efforts to convince their team that Wargod was for real. They administered exams and essays and levied $20 fines on team members if they were late posting bonds, according to Tom Sundmaker, Normil's lawyer.

Neighbors also told a reporter that they occasionally had seen the Wargod staffers armed, clad in black and marching in formation up and down Jackson View Road.

Colon and Hefferon both face impersonation misdemeanor charges. A felon, Colon also faces the firearms rap.

Hefferon also has been issued summary charges for improperly using emergency lights and signals.

They did not have lawyers at the preliminary hearing. Their hearings were rescheduled for Friday.


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Bondsmen Lose One Of Their Own

To this day, Richard Hodges is an enigma to former Austin police officer Burt Gerding.

Hodges, who died Oct. 6 at age 85, was a bail bondsman, someone Gerding bumped into frequently at the courthouse during the 1960s and '70s. In those days, if you were accused of a crime and couldn't make bail, you needed someone like Hodges to get you out. Judges wouldn't let you out on the promise to appear in court.

The job, and the way he did it, made Hodges a fixture at the courthouse during his heyday. The courthouse community was smaller then, and for a time, Hodges was the man you talked to if you didn't want to sit in a cell, according to those who remember him during those days. They said the brown-eyed, olive-skinned Hodges was a central character at the courthouse. He defied easy characterization by gregariously rubbing elbows with pretty much everyone there: cops, judges, prosecutors, celebrities, clerks, defense attorneys and criminals.

In exchange for a fee, usually about 10 percent of the bail, a bondsman vouches for a defendant, promising to pay the full bail amount if the accused doesn't appear in court.

"He did bonds for the Overton Gang, for Webbie Flanagan," said Gerding, who worked with FBI organized-crime investigators. "But then again, he did them for a lot of people. He was on the edge of everything."

The Overton Gang was a notorious clan of bank burglars, and John Webster "Webbie" Flanagan, the Overtons' lawyer, was among the attorneys with whom Hodges worked. Flanagan was later convicted on drug-smuggling charges.

Roy Minton, then a young criminal defense attorney, said Hodges established a profitable arrangement with some defense attorneys. Hodges would be called if a lawyer he knew found a client who needed a bail bondsman; conversely, one of the lawyers would get a call if someone Hodges bailed out needed legal counsel.

"To be honest," Minton said, "we abused (the arrangement) top, side and bottom in those days."

Frank Maloney, then a prosecutor, remembered Hodges as a scrupulously honest man. But his profession came with rough edges. Hodges' daughter Sheila Meeks, 52, recalled that one of his clients ran out on a $100,000 bond, leaving Hodges on the hook for the entire amount. Hodges hauled the accused drug dealerback from Mexico — and got a Christmas card from him every year, Meeks said.

"Daddy treated everyone respectfully, whether they were rich or poor," she said. "He was one of those people that everyone is drawn to."

Meeks said Hodges established a social network that included luminaries such as former Texas Gov. Price Daniel, Travis County Sheriff T.O. Lang and country singer Willie Nelson. "You'd think Daddy wanted to get a picture with Willie," Meeks said, "but it was Willie who wanted to get a picture with Daddy."

Away from the courthouse, Hodges hunted and fished, raised his seven children and pursued other business ventures. One of them was an establishment on East Sixth Street called Bar 609, where Hodges would sing and serve drinks to customers. He opened the place before the college bars moved in, at a time when, as Gerding put it, "that part of town was like Skid Row."

By the mid-1970s, changes in the law were making bail bonding a less lucrative business. Following a nationwide trend, the courts began releasing those accused of low-level crimes on the promise to appear in court. Other changes followed. Bail bondsmen began disappearing from the scene. Hodges' family said he continued bail bonding until the early 1990s, when he retired to his 138-acre ranch in Leander.

Courthouse regulars say Hodges began fading from the scene in the late 1970s — taking a little bit of its character with him.

"He looked the part," said Hodges' son, 65-year-old Richard Hodges Jr. "He played the part. He was the part."

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South Carolina Bondsman Gives Interview About His Duties

Jimmy Robinson's family has been in the bail bond business for 34 years. Robinson says it's rare for defendants on bail to run.

"It's not necessarily they're gonna flee the state," Robinson said. "They just go into hiding and they figure if they put their head in the ground and hide, it will go away."

Robinson says when he's hired to post bond, it's also his job to keep tabs on the defendant.

"It is the responsibility of the bonding company to make sure he lives where he says he's living, that he's working where he's supposed to be working, and that he appears in court," he said.

If the defendant doesn't appear in court, Robinson can lose a lot of cash.

"If it is a $50,000 bond, you stand to lose $50,000," he warned.

If one of the Robinson's clients jumps bail or fails to appear in court, they're licensed to go after them, arrest them and bring them back to jail.

"If you don't show up, you flee and that bond is forfeited, I'm gonna pay the money," Robinson said. "But I'm gonna go after your family, so it's a kind of locked in protection with us."

Robinson says he gets written reminders from the solicitor's office about court dates.

"They're kind enough to give us notice. They're not required to do it, but they do it," he said.

Still that doesn't guarantee a defendant will come to court. If that's the case, Robinson and his sons will be ready for action.

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Bounty Hunters To Head Caylee Search

EquuSearch will be in Central Florida next month along with bounty hunter Leonard Padilla.

Padilla and a group of other bounty hunters will be trained to be team leaders in the search for the 3-year-old.

Padilla bonded Caylee's mother, Casey, out of jail when she was charged with child neglect.

Casey Anthony is back in jail charged with Caylee's murder, Local 6 reported.

EquuSearch officials said they plan to sit down with law enforcement and go over any tips and sightings that have surfaced before the Nov. 7 search begins.

Meanwhile, Casey Anthony pleaded not guilty Friday to charges that she killed her daughter.

Casey Anthony's written plea came three days after a grand jury indicted her on charges of first-degree murder, aggravated child abuse, aggravated manslaughter and four counts of lying to investigators about the disappearance of her daughter, Caylee.

Caylee has not been seen since June but wasn't reported missing until a month later. The child's grandmother, Cindy Anthony, first called authorities in July to say that she hadn't seen Caylee for a month and that her daughter's car smelled like death.

Casey Anthony, 22, told authorities that she had left her daughter with a baby sitter in June, and that the two were gone when she returned from work. She said she spent the next month trying to find her daughter and didn't call authorities because she was scared.

Investigators immediately started poking holes in her story. The apartment where Casey Anthony said she had left her daughter had been vacant for months, they said. They said she also lied when she told them she had been working at an area theme park as an event planner.

Her attorney, Jose Baez, didn't immediately return phone and e-mail messages Friday. Shortly before the indictment was issued Tuesday, he said he believed his client would be vindicated.

Caylee On Cover Of People Magazine

For the second time in the last few months, People magazine has decided to put Caylee Anthony on its cover.

The issue, which hit newsstands on Friday with the cover headline "A Mom's Web Of Lies," features a big picture of the 3-year-old with a smaller image of her mother.

Unlike the first story People wrote regarding Caylee, the Anthony family was not interviewed.

Cindy Anthony said she felt duped by People after the first article was released.

"We did not in any way mislead anybody about what the story was, which is a story about this missing toddler," said Betsy Gleick of People.

The current story features a lengthy article that recaps the entire story with recently released photos of Casey Anthony allegedly using stolen checks to purchase items.

The story says the family continues to search for Caylee, and a private investigator is following a tip of a possible Caylee sighting two weeks ago, where someone took a grainy pic of a child who looked like the missing girl.

The current story went to press before murder charges were issued against Casey Anthony.

Meanwhile, Casey Anthony is scheduled to be arraigned on Tuesday, Oct. 28 in her murder case. On Nov. 5, pretrial proceedings are set for her child neglect and fraud cases.

Baez: Caylee Is Alive

The spokesman for an attorney representing Casey Anthony said Thursday that they believe the child is alive, and that he never told a cable television network the girl was dead.

Caylee's body has not been found in four months of searches, but her family has maintained she is alive.

"That is our belief," spokesman Todd Black said Thursday. "It's preposterous to report anything else."

The child's mother, Casey Anthony, was indicted Tuesday on charges of first-degree murder, aggravated abuse of a child, aggravated manslaughter and four counts of lying to investigators. Her attorneys have said she is innocent.

Black was interviewed by CNN Headline News on Tuesday. A transcript released by the network showed Black said "this is a very serious case involving not just the loss of the life of this little girl, but the loss of whatever is going to happen with Casey Anthony."

Jose Baez, Anthony's lawyer, held a news conference on Thursday to discuss the issue.

"We believe Caylee is alive," Baez said. "To take that out of context is a disservice to the Anthonys and the child."

The network stood by its interview.

"This was a live interview, and it is what he said," said Janine Iamunno, a Headline News spokeswoman.

Anthony told authorities that she had left her daughter with a baby sitter in June, and that when she returned after work, the two were gone.

Anthony said she spent the next month trying to find her daughter on her own and didn't call authorities out of fear. The child's grandmother called authorities and said her daughter's car "smelled like death."

But investigators said the apartment where the baby sitter supposedly lived had been vacant for months and that Anthony lied about her job.

Earlier this week, Baez, said: "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Judge Rules On Motions

Meanwhile, Ninth Circuit Judge Stan Strickland released his order on Anthony's motion to preserve forensic evidence and to consider additional testing.

The order stated:

"Being duly advised in the premises, the defendant's motion is denied in part and granted in part.

"Specifically, the portion of the defendant's motion which seeks to halt the handling and analysis of any and all forensic evidence is denied. The court knows of no authority or logical reason why the state should be prevented, even temporarily, from further analysis of relevant evidence.

"The defendant's request to be notified in advance regarding any further testing is granted. Following reasonable notice by the state the defendant may have an expert present to view any further scientific testing performed by the state. Should the defendant choose to have an expert present at any further testing, the expert's presence is merely to view and document the means and manner of testing. The right for a defense expert to be present at any further testing does not include the right to interfere with, thwart, or even comment on the testing procedures as they occur. The state shall make every effort to retain a large enough sample of any item tested so that the defense expert may have an opportunity to conduct their own test on same. Reliability and admissibility of any test performed by either party is not the subject of this motion or order."

Vehicle Swap Before Arrest

On Tuesday, Cindy Anthony, the mother of Casey Anthony, was videotaped scolding a TV news van and erratically cutting across traffic before her daughter was secretly transferred to a vehicle and later arrested during a wild post-indictment ride in Orlando streets.

A grand jury issued a sealed indictment charging Casey Anthony with first-degree murder in the death of daughter Caylee, even though the child's body has not been found during a four-month search.

The grand jury also charged Anthony with aggravated child abuse, aggravated manslaughter and four counts of lying to investigators about Caylee's disappearance.

After the indictment was delivered, Casey Anthony and her mother left attorney Jose Baez's office in Kissimmee and began to drive around Orlando at about 3:30 p.m. Tuesday.

Cindy Anthony was videotaped cutting across two lanes of traffic in an apparent attempt to lose several television crews following behind.

Anthony then cut across a shopping center and drove through parking lots.

Sky 6 showed Cindy Anthony eventually jumping out of the vehicle on a road and waving her finger at the driver of a television van while walking down the road.

Anthony jumped back in her SUV and drove into a no-fly zone near the Orlando International Airport and Casey Anthony switched vehicles.

"They pulled a switcharoo," a photographer yelled as the cars stopped underneath an overpass and out of view of helicopters.

A car traveling behind another sport utility vehicle then cut off a Local 6 vehicle.

Local 6 asked Baez about the incident.

"As he attempted to try to get away from them, he didn't know if someone was trying to harm Casey or what," Baez said. "At that point, finally, it turned about to be law enforcement and they in turned pulled him over and (the driver) identified himself as the bondsman."

Anthony was taken into custody by police during the stop.

Baez also said he didn't want a media circus or anyone filming Anthony being handcuffed, Local 6 reported.

A national search for Caylee continues.

Wednesday, October 15, 2008

Man Released From Jail Arrested Again in Jail Parking Lot

A Port Charlotte man was released from its County Jail at 6:30 a.m. this morning and arrested a short time later after he was caught burglarizing a vehicle and "carhopping" in the jail and adjacent Public Safety Building parking lots.

28-year-old Bryan David Dudenhefer was first arrested Wednesday shortly after 10:00 p.m. and charged with Burglary, and Possession of Burglary Tools for breaking into the Army-Navy Fashion Store in Port Charlotte at 3811 Tamiami Trail. Deputies found him outside the store next to a broken window. They found a bag with a brick inside the window and a search of Dedenhefer located a 3/8-inch ratchet socket wrench in his pocket and broken glass in his shoes. Inside the store they found a 3/8-inch socket for the wrench.

After posting bond this morning, Dedenhefer was observed by a Corrections Deputy checking car doors in the jail parking lot and appeared trying to locate an unlocked vehicle. The deputy contacted another deputy in the jail and when they came out they saw Dedenhefer get into a Ford F-150 pickup truck in the parking lot next to the jail. The deputies told Dedenhefer to get out of the truck but he refused several times; deputies then physically removed him.


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Monday, October 13, 2008

Felon Flees, Leaves Family In Bind

James Sanford and his lawyer were outside the St. Clair County Courthouse in Port Huron when they were notified a jury had reached a verdict on drug and weapons charges Sanford faced.

Sanford and Mike West, the lawyer, took an elevator up to the courthouse's third floor. When they got out, Sanford told West he had to use the restroom.

West said he told Sanford to inform court officials, which he did, and he was granted permission to visit the restroom. Then he left for the bathroom.

"That is pretty much the last we saw of him," West said.

The jury found Sanford guilty of six charges -- including manufacturing and delivering a controlled substance and possessing a firearm while committing a felony. But no one can find Sanford.

"He just plain walked out of the court like nobody saw him walk out," Wayne Lepiors, Sanford's brother-in-law, said about the Sept. 26 incident.


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Fake Bounty Hunters Claim to Have Been Duped

Three of the wannabe bounty hunters who allegedly stormed a home for the elderly looking for a fugitive said on Friday that they had been duped by the ringleaders of their outfit.

The five-person fugitive recovery agency, Wargod Inc., operated illegally — without certification by a court system or being employed by a bail bondsman — according to police.

Professional bondsmen, who post bail for defendants, must obtain their licenses from the state Insurance Department and register with their local district attorney. They also must maintain a phone number and operate an office in each county in which they work, according to Insurance Department regulations.

Wargod's alleged leaders, Lawrence Colon, 39, and Kelly Hefferon, 40, whose home on Route 715 in Jackson Township was the outfit's base of operations, purportedly convinced the rest of their team members — and one of their parents — that the firm was legitimate.

"They even told me they had all those papers from the court and the state," Lucienne Normil, mother of Wargod member Darryl Normil, 21, said Friday outside District Judge Debby York's office.

"Those three are innocent," she said, referring to her son and to Anthony Laino and James Farrell, both 35.

Normil waived his right to a preliminary hearing. He faces charges that he impersonated a public servant, which is a misdemeanor, and summary charges for improperly using emergency lights and signals on his Ford Focus. His bail was reduced from $100,000 to $10,000.

He also stands accused of a felony charge for possessing a firearm. Already convicted of a felony, he is barred from having weapons.

Normil had previously been sentenced to a year's probation for theft and receiving stolen property. About six months later, he pleaded guilty to using another person's credit card without authorization.

Wargod initially attracted police attention after Hefferon's neighbors complained repeatedly about shots being fired in her back yard and sirens sounding until after midnight.


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Tuesday, October 07, 2008

The Simpsons Take on the Bail Industry

For its 20th season premiere, The Simpsons takes aim at all the big targets: bounty hunting, the IRA, and erotic baking. These topics don’t make much sense together, but that’s not the point. The Simpsons has become a shaggy, genial grab-bag of parodies. The incoherence is part of the fun.

Our main storyline finds Homer and Ned teaming up as bounty hunters, a plot that allows them to explore their opposites-attracting friendship. Homer gets arrested for fighting at Springfield’s St. Patrick’s Day parade—an event that turns into a riot because it is alcohol-free.

The episode uses the occasion to skewer Irish stereotypes. There’s a “Small Irish Family” float with tons of kids and two tired parents on it, a “Straight Catholic Priests” float featuring only two priests, a float of the boy who looks most like a potato, a paddy wagon, and a Catholic versus Protestant smack-down involving warring leprechauns (not to mention the Hulk and the Thing). The best moment comes in Lisa’s explanation to Bart that “It always comes down to transubstantiation versus consubstantiation.”

Amid all the “folk dancing where you don’t move your arms,” Homer joins in the brawling by impetuously kicking both the Hulk and the Thing. He has make a $25,000 bail (this isn’t is first arrest) and so turns to the seedy world of bail bondsmen, specifically Lucky Jim (voiced by Joe Mantegna).

You guessed it: the episode here takes on Dog the Bounty Hunter. Homer learns from the menacing “Wolf,” a dead ringer for the A&E reality star, that there are really no requirements for being a bounty hunter. An ordinary citizen chases people he has no business chasing, claims the right to arrest them, and gets paid, to boot. Wolf reveals that the on-line course that was once required has been dropped. Now you only have to pay a $10 licensing fee to get in on the action. He also explains his jewelry. His necklace looks to be made of teeth, but they’re really just the molds he makes of teeth belonging to captured bail jumpers.

While he can’t match that wardrobe, Homer does decide to become a bounty hunter and places himself in immediate danger when he tries to corner bail jumper Snake and his pregnant girlfriend (Julia Louis-Dreyfus), and ends up on the wrong end of Snake’s gun. No surprise, he runs into more trouble when he goes into the bounty hunter business with Ned Flanders, leading to Homer’s experimentation with tasers and Ned’s warbling of Christian covers of ACDC songs during their stakeouts ("Kindly deeds and they’re done for free!").

As they bicker like an old married couple, Homer playing burly bad cop and Ned the good, Homer declares that together, they make “the perfect bounty hunter.” When at last Homer is forced to jump bail himself, an elaborate action sequence gleefully parodies an array of 2008’s summer blockbusters, most memorably The Dark Knight and Wanted.

While Homer is learning how much he really does care for Flanders (and tasers), he also comes to care more about Marge. Always on the look-out for self-fulfillment opportunities, she meets a handsome Irish baker at the St. Patrick’s Day parade. Patrick Farrelly (Robert Forster) wears green, has floppy dark hair and blue eyes, and seduces Marge with his Irish brogue. Having saved her from a band of Irish street urchins after her cupcakes, he convinces her to come bake for him at “Au Naturel.” She is, in a word, the new star artiste for an erotic bakery, inciting Homer’s realization what those “extra long twinkies” really are.

On The Simpsons, anything can inspire wicked wit, and the additive nature of the proceedings makes the whole greater than the sum of the parts. As always, parsing the non-stop pop culture references is wonderful fun.


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Armed Robbery Stopped By Quick Thinking Bondsman

Two men armed with a handgun storm their way into a bail bonds office and a worker fights them off single handedly.

The attempted robbery took place on September 25 in the early morning hours at Goodfellas Bail Bonds on Main Street and Bonneville. News 3's Dan Ball spoke with the man who fought off the two crooks.

Dale Hazel is a former cop from Texas. He works the graveyard shift as a bail bondsman. On September 25, the doorbell rang at around 4:30 a.m.

"I saw a mask, then I saw the weapon, so tried to grab the weapon," recalls Dale. " I didn't really get a hold of it - I kind of wrestled with the dude - spun around. He pulled the gun on me. I had it up against the wall."

Dale grabbed the first suspect holding the gun and as the second suspect entered, Dale somehow amazingly forced both of them back outside.

"You find out about yourself in times like that, you know," says Dale. "You have a fight-or-flight response to things. Turns out my response is to fight. So I was thinking, lets take it to the street and try and get some help...and hopefully I don't get shot in the process."

Once the two men took off from Goodfellas, Dale grabbed his handgun, jumped in his car, and took off after them. Within seconds, he was pulled over by Metro Police.

Once Dale worked out the situation with Metro, they began looking for the two armed men and caught one of them on Bonneville and Las Vegas Boulevard.

Police arrested Devion Austin, who has been in trouble with the law before. In fact, Dale's boss, Gina Caruso, says they've bailed Devion out of jail in the past.

"He had a balance due," says Gina. "I guess he came to rob it from us so he could pay it."

While police continue looking for the other wiseguy who tried to rob Dale, this Goodfella says he'll never forget about it.

"I was really happy to go home to my family that night - that's the truth. I was really happy to see my kids."



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Bail Phone Scam

It's a money scam we told you about last week, but since then more local businesses have fallen prey to the scammers pretending to be bail bondsmen.

Officials tell us the suspects are difficult to trace since they mainly work through the telephone. There was a breakthrough today.

This Panama City beach bakery manager says she didn't think twice when asked to help one of her employee's out of jail. Now Misty Reyes is short $500, intended for a good deed.

Misty Reyes, the Bakery Manager, says, "I'm glad that nothing happened to her and I'm glad that's all that happened cause it's just money and it's not worth somebody's safety."

Reyes says the detailed information they fed her over the phone was more than convincing.

Panama City Beach and Bay County officials say the common denominator between all these scams is they are all targeting restaurants everything from high class restaurants to mom and pops to even franchises.

Officials tell us phone scammers are usually difficult to trace. But the good news is Bay County investigators found this security video of a suspect entering a store to pick up a money order.

Pineapple Willy's fell prey to the same scam. A person claiming to be a bail bondsmen needing $500 to release their server from jail.

Eric Buskell, the owner of Pineapple Willy's, says, "We're more vulnerable than we thought we were so you improve your systems that's why when things like this happen you step up and look at it and how you can improve the systems."

Reyes says the incident's forcing her and the staff to be more careful about what they say and who they say it to.

Reyes adds, “It's a little bit scary it's a little bit creepy to know that someone knows this much about you and you have no idea who they are and why they know this much."

One of the restaurant managers we spoke to today is removing the last names off their employees name tags. If you have any information on the crime or recognize the suspect you are asked to call 785-TIPS.


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Bondsmen Sue County and Sheriff

A local bail bonding company has received a ruling from the United States 5th Circuit Court of Appeals allowing the plaintiffs to move forward with their federal lawsuit accusing Tunica County and Tunica County Sheriff KC Hamp of violations of their First and Fourteenth Amendment rights.

Owners of Hampton Company National Security LLC, James Hampton Gardner, and employee James Dean of Tunica filed a Section 1983 suit against Tunica County and Sheriff Hamp in 2006. The suits alleges violations of their constitutional rights under the Due Process and the Equal Protection Clauses of the Fourteenth Amendment and the First Amendments of the United States Constitution.

It was filed after owners and Dean claimed that Hamp removed their company name from the list of approved bail bondsmen, thereby taking their source of livelihood. According to court records, Hamp removed the plaintiffs from the list between February of 2005 through December of 2006. They claim their removal was caused by the sherifff’s retaliation “for Gardner and Dean’s participation in exposing illegal conduct by the prior sheriff, and for criticizing Hamp,” and that “the decision was racially motivated.”

Hamp argues that the Plaintiffs’ removal was because three criminal defendants they bonded failed to appear at a scheduled arraignment and that they did not follow proper procedure in obtaining a receipt from the Circuit Clerk proving those bond obligations had been met.

The case went before 5th Circuit Court of Appeals judges King, Higginbotham, and Southwick. In their ruling on Sept. 18, the trio gave the plaintiffs the right to proceed with the case.

“A surety company and two of its agents appeal from a summary judgment that dismissed their various Section 1983 claims,” the ruling states. “We affirm that part of the judgment that dismissed a Due Process claim against the sheriff who barred them from writing bail bonds in one county. Finding disputes of material fact, we reverse judgment on that same claim against the county, and on the First Amendment and Equal Protection claims against both the sheriff and the county based on the same events...”

The 5th Circuit Court ruled that of relevance is that the plaintiffs are white Caucasian and Sheriff Hamp is African-American.

In 2007, U.S. District Judge Glen Davidson dismissed the suit against the county and sheriff stating that the sheriff had suspended both black and white bondsmen at the same time for similar reasons. Plaintiffs disagree arguing that while both companies produced the required remedies for misconduct, only their company remained suspended after doing so.

In the September 2008 ruling, the Court of Appeals stated that while Hamp falls under “Qualified Immunity” on the Due Process claim in barring their writing of bonds in Tunica County, Tunica County does not noting.The sheriff’s decision to deny the plaintiffs the right to issue bonds was noted as “the kind of single decision by the relevant policymaker that can be the basis of liability.”

The Court of Appeals further ruled that they do not dispute that Hamp prohibited the Plaintiffs from writing bonds in Tunica County, but did state that in dispute were the “sheriff’s reasons”.

The court also ruled that on the Fourteenth Amendment Equal Protection Clause claim were two components; the initial removal from the approved roster and the continued removal of the white bail bondsmen from the approved list while shortly after their removal, the black bail bondsmen were reinstated.

“There is no qualified immunity for racial discrimination as such discrimination is clearly unconstitutional. The County would also be liable if all the elements for municipal liability are shown. Consequently, we reverse judgment on the Equal Protection claim as to both defendants and remand,” the ruling states.

The final claim states that Hamp’s actions violated the plaintiffs’ first amendment rights . They allege that Hamp removed them from the list because they “assisted in the investigation of the predecessor sheriff regarding the extortion of bail-bonding companies, and because they sent a letter to the local newspaper editor expressing concern over Hamp’s handling of bail bondsmen and that an editorial was published only two months before the Plaintiffs were removed as approved bondsmen”. The Court of Appeals noted a prior case (Baldwin, 250 F.3d at 945) involving the Tunica County Sheriff that the Court of Appeals remanded to trial. In the cited case, the sheriff was found to have retaliated when bail bondsmen complained about how the sheriff handled bonds and ruled “the failure to reinstate the Plaintiff’s distinguishes the entire action by the sheriff against these plaintiffs from his entire action against the other bail bondsmen.” Summary judgement was not awarded in this matter.

During an interview with agent James Dean of Hampton Co National Surety LLC, Dean stated that he and owners have not yet been notified of the date their case will go to federal court. Facts discussed in this article were taken directly from court records posted online at www.ca5.uscourts.gov.



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Friday, October 03, 2008

Bail Raised in Love Triangle Case

A judge has raised bail to $5 million for a former Los Angeles County sheriff's deputy accused of sexually assaulting his wife and torturing her lover after she threatened to leave him.

Robert Avery McClain, 34, of Irvine was charged in Orange County Superior Court with aggravated mayhem, torture and sodomy. If convicted, he faces a possible life sentence.

Bail was increased Thursday from $1 million to $5 million. The judge also issued a protective custody order that bars McClain from contacting either of the two victims. He is scheduled to be arraigned Oct. 17.

Prosecutors said McClain punched and kicked the couple on Sunday night after meeting them at the boyfriend's apartment complex. McClain is accused of cutting the man's face with a knife, forcing the couple to undress and ordered his wife to castrate her lover.

After she pretended to do so, McClain then allegedly sodomized her, chopped off her hair with the knife and brought her to their home. She escaped with their four children the next day.

The male victim was found early Monday by a cleaning crew and was hospitalized in a coma. He is expected to survive.

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Fake Bounty Hunters Captured

Four wannabe bounty hunters were charged Wednesday with impersonating public servants after they failed to collar a fugitive but succeeded in infuriating their neighbors and terrifying the elderly.

The self-styled bounty hunters told police they worked for a fugitive recovery agency called Wargod Inc.

On Friday, according to police, five members of Wargod searched for what one of them said later was a fugitive wanted for armed robbery. They wore black military fatigues, assault vests with empty holsters, and badges as they walked the streets of Stroudsburg that night, prompting emergency calls from concerned citizens.

At first, they were seen standing in front of a bar on Main Street in Stroudsburg, flashing cans of mace and handcuffs.

Then at about 9:45 p.m. Friday, the manager of West Gate apartments — a home for the elderly — dialed 911. The same five people were running up and down the halls trying to get inside one of West Gate's apartments, police said.

Meanwhile, state police — unaware of what was happening West Gate — arrived at Wargod's home base, a house occupied by Kelly Hefferon, 40, on Route 715 in Jackson Township. They were responding to the latest in a series of bitter complaints from neighbors about shots fired in the back yard and sirens sounding until after midnight.

Neighbors also told a reporter that they occasionally had seen the Wargod staffers armed, clad in black and marching in formation up and down Jackson View Road.

State police found Hefferon's two children and a friend there Friday night. One of them, a 16-year-old boy, was wearing a badge and an empty nylon holster. He and his friend said they also were fugitive recovery agents.

Just then, the five Wargod staffers, returning from their hunt at the home for the elderly, pulled into the driveway in a silver Ford Expedition, with a pistol-grip shotgun in the front seat, slugs rattling in the drink holder, and a red light on the dash.


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Bail Bondsman's Find Leads to Drug Arrest

A Bonita Springs man was arrested Wednesday on multiple drug charges after a bail bondsman who came to his residence to complete paperwork observed a large quantity of cocaine, marijuana and prescription pills.

Charles See, 30, of Sandy Hollow Lane, was arrested on charges of possessing cocaine, marijuana, prescription pills and opiate derivatives. He is being held at Lee County Jail without bond.

According to deputy Kenneth Ellis, bail bondsman Kevin Mchugh of Sunshine Bail Bonds arrived at the residence after scheduling to meet with See to discuss his paperwork status. As he peered through the apartment window, he saw See and another man inside. Mchugh said before he knocked, he saw See pouring a white powdery substance into a broken cigar.



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Judge: No Bail Enough to Hold "Rockefeller"

Bail was completely eliminated today for con artist Clark Rockefeller, who faces deportation, a prosecutor promised, once the German man’s kidnapping case is completed.

Judge d. Lloyd MacDonald ruled today in Suffolk Superior Court that no amount of bail - even the $50 million cash limit previously set - or a GPS monitor can keep him from fleeing.

Rockefeller, in truth German national Christian Karl Gerhartsreiter, 47, was ruled too high a risk today by the judge.

MacDonald said the defendant, in a “very ingenious capacity,” transformed himself “to maneuver his way around the country and the world through deception and the exercise of, obviously, powerful intelligence.”

The judge added it all adds up to a “defective life.”

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Thursday, October 02, 2008

Fugitive Investigator Acquitted of Manslaughter

A Callaway County jury has acquitted a fugitive apprehension agent in the fatal shooting of an unarmed parole jumper in Cape Girardeau.

Jurors reached the not-guilty verdict Tuesday in the involuntary manslaughter case against Steven R. Julian, 46, in the February death of Zachary Snyder. The trial took place in Callaway County on a change of venue.

Authorities say Julian went to an apartment complex to apprehend Snyder, who was wanted on a parole violation. He confronted Snyder, then shot him in the back after the suspect abruptly spun around. Julian testified that he could not see whether Snyder had a weapon in his left hand.

When the verdict was read, Julian's family members and co-workers breathed a sigh of relief with an audible gasp.

Across the aisle, Snyder's mother, Edith Snyder, sat in silence, a hand clasped to her mouth, eyes lowered, before hurrying out of the courtroom.


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