Jackson Jambalaya

World Tribune reports:
"Officials said the U.S. military was ordered to divert a shipment of smart bunker-buster bombs from Israel to a military base in Diego Garcia. They said the shipment of 387 smart munitions had been slated to join pre-positioned U.S. military equipment in Israel Air Force bases.

"This was a political decision," an official said.

In 2008, the United States approved an Israeli request for bunker-busters capable of destroying underground facilities, including Iranian nuclear weapons sites. Officials said delivery of the weapons was held up by the administration of President Barack Obama.

Since taking office, Obama has refused to approve any major Israeli requests for U.S. weapons platforms or advanced systems. Officials said this included proposed Israeli procurement of AH-64D Apache attack helicopters, refueling systems, advanced munitions and data on a stealth variant of the F-15E.

"All signs indicate that this will continue in 2010," a congressional source familiar with the Israeli military requests said. "This is really an embargo, but nobody talks about it publicly." Article

Bastards.

Crystal Hilliard nails JPD this morning. Too funny.

Found this little transcript online of a public meeting held by the Federal Government on flood control proposals for the Pearl River. Just thought I'd throw it out there for you guys. Enjoy.

Compare to recently failed Statewide Bank in Louisiana.

Here is HBG's latest balance sheet for your review.

Jim also says another recession is on the way. What are the Democrats going to do when that happens? Print up three trillion dollars in stimulus money?

Here are some more sanctions issued by the Mississippi Bar against wayward lawyers from the July-August-September 2008 issue of the Mississippi Lawyer. If the Bar won't post sanctions online or create an online database of sanctioned lawyers for consumers, I will. By the way, I noticed the current issue of the ML is not online. Hmmmm......I wonder why. Well what do you know, there are no sanctions listed in that issue. Guess they were all good little boys and girls back then. So these are from the May-June 2008 issue. Pay attention to the public and private reprimands. See a problem? Enjoy.

Balducci & Langston: Disbarment. Do I really need to say why?

John Edward Jackson, Jr. of McComb: Disbarment. Convicted of felony sale of weed within the jailhouse. Real smart. I'm all for legalizing weed but trying to be the dope dealer for the jailhouse? Good job.

Virginia F. Holliday of Greenwood: twelve-month suspension. Retained in two cases. Failed to complete work or communicate with clients. Didn't return documents and client property when they asked for it. Did not answer bar complaints. Never once defended herself in any of the proceedings.

Erika D. Suttlar of Southaven: six month suspension. Didn't communicate with her clients. Failed to list all creditors in a bankruptcy case, including herself. Attempted to collect fees from BK client even though federal law says she can't try to collect debts after BK is discharged. Failing to list herself as a creditor misled the Bankruptcy Court. Never answered any of the bar complaints.

John J. Morse of Meridian: twelve-month suspension. Failed to appear for client at trial. Turns out the no trial had been set for the time and date given to client although the client showed up for the alleged trial. Morse had filed to tell client he was already under suspension. Blew off the bar and didn't respond to the bar complaints.

John Louis Dolan of Southaven: twelve-month suspension and one year probation. Was suspended by Tennessee Bar. No other details given.

Thomas Dale Beavers, II of Hattiesburg: six-month suspension. Count I: Paid by client, didn't do much work, did not file case, quit communicating with client. Count II: Paid by company to initiate cases for collections of moneys owed. Lawyer took money but didn't file cases until nearly a year later, after client had terminated his employment. Did not return all files to client. Blew off the Bar and didn't respond to bar complaint. Count III: Failed to obtain a default judgement. Once again blew off the Bar and didn't respond to bar complaint. Only six months? Sumbitch should've gotten two years.

Walter Wood of Madison. This one is a complete joke. See earlier post. This prick should've been disbarred or at least suspended for five years. Damn pimp.

Becky Allen Farrell of Bay St. Louis: public reprimand. Client paid shyster for a divorce. Filed petition for divorce but disappeared. No one has been able to locate the lawyer. Lawyer failed to respond to bar complaint. Should have received a six-month suspension just for not responding.

Raymond Wong of Cleveland: public reprimand. Was ordered by the Bar to reimburse it for costs on an investigation. Paid out of his lawyer trust account.

Richard R. Vaughn of Elkhart, Indiana: public reprimand. Client hired shyster for a divorce. Paid him. Fired him later and requested refund. Lawyer did not refund money, did not file any documents with the court, refused to return any original papers belonging to the client. Blew off the bar and never responded to any of the bar complaints. So for keeping two grand, blowing off client and bar, this thief only got a public reprimand. The Bar is a friggin joke.

Richard Burdine of Columbus, MS: public reprimand. Client accused him of failing to perfect an appeal. Burdine blew off the bar and didn't respond to the bar complaint. Should've gotten six-month suspension just for that reason alone.

Joan Jenkins Potter of Memphis: public reprimand. Didn't safekeep client's funds in her trust account, which were stolen. I'm not so sure about this one as she did file criminal charges against the thief.

The Attorney with no name: parts unknown: private reprimand. Client paid him $3,000 for a divorce. Client fired lawyer several months later, demanded files, accounting of work performed, and the return of unearned fees. Attorney did none of those. Private slap on the wrist. Nice.

The Attorney With No Name: Parts Unknown: private reprimand. Client paid shyster $3,300 for a domestic relations matter. Case was dismissed for failure to prosecute and shyster did not return phone calls. Attorney admitted to the allegations. Private slap on the wrist.

Apparently the word has gone out to get real tight on traffic violations. Someone we ALL know got a ticket yesterday on Meadowbrook for doing 38 in a 35. JPD is now making an effort to ticket cars parked in Belhaven the wrong way or more than twelve inches from the curb. Police officer told one resident yesterday they had to "start making money for the city".

You know, making things up, falsely accusing others. Check this one out. I think is pretty funny considering in her professional writing class her manual given to the students is a collection of works from other authors and textbooks copied without their permission.

Vote in poll for best basketball player ever. Who gets my vote? Hmmmm.....right now leaning towards Magic. Had the rings but you could literally line him up at every position. Jordan was a guard and the Bulls couldn't win until they got him some front-court help. Lakers won rings with Magic as center and then guard. I'd vote for Akeem over Shaq as in the finals they were both in their prime and Akeem kicked his ass all over the court. Vote early and often.

JJ conducted a poll on the above interview last week asking what you thought of Paul Gallo's treatment of Angela McGlowan on his radio show. While a sizeable number of voters thought it was part of a Two Lakes conspiracy, only 19% thought he was being unfair to her. Nearly half of the voters thought she was bringing it upon herself with her answers to his predictable questions. Without the Two Lakes votes, it increases to 52%. She has run a pretty weak campaign and ignored quite a few fundamentals although she finally got a website up and running last week.

It was 26 years ago yesterday. Gary Plauche: a great American and good father.

This cat was set on fire in Grand Rapids, Michigan last year. Article Farm Bureau doesn't think this should be a first offense felony in Mississippi. See Columbus Packet article, Farm Bureau Newsletter stating opposition to SB #2623, Interview with Farm Bureau President David Waide stating opposition to making it a first offense felony.

"Gee Kingfish, how long will you keep posting this stuff?" As long as the legislature is in session, I'm going to remind everyone who led the fight to kill SB #2623 every few days. I'll also keep reminding you that one of the bills it thought was a good compromise REDUCED the maximum sentence from the current six months to 48 hours for aggravated animal cruelty.

"Oh, and lets not forget this part since someone at Farm Bureau might think I'm trying to sell insurance on this website:
The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

Money quote: Liesman says "It really doesn't matter that much" in reference to the possibility of the U.S.A. losing its AAA rating.

A dispute over the platting of the Longleaf subdivision has broken out in Madison County between Realtor Cherry Deddens and former 3rd District Congressional Candidate and now-developer David Landrum. Landrum owns half of Landrum & Slade Properties, LLC. Landrum & Slade is the developer for the Longleaf Subdivision in Madison.

The website touts its exclusive and reclusive nature:
"Longleaf is a high quality gated residential development in Madison, Mississippi located one-half of a mile west on Madison’s prominant Highland Colony Parkway. Located on fifty-six acres, Longleaf offers estate lots ranging from 1.6 to 3.1 acres secluded in thick hardwoods creating an “away from it all” feeling with access to every need within two miles. Access to Interstate 55 is minutes away.

A beautiful gated entrance leads through interesting terrain to each home site with building requirements of 3,500 square feet of living space. Protective covenants require licensed architect’s plans and assure long term quality and value. With Ridgeland’s newest retail addition of “Renaissance” north of Longleaf on Highland Colony Parkway and with Madison’s exclusive “Galleria” to the north, convenience is a luxury offered by Longleaf. Coupled with privacy, beauty, and secluded lots, Longleaf is an unusual opportunity for a great way of life. Prices range from $225,000 to $300,000."

Mrs. Deddens purchased a lot in Longleaf through her two companies, D&S Builders and Castlerock Properties. (She is a partner). Longleaf had a preliminary plat at the time of purchase but the lots were sold with the requirement of a minimum area of 3500 square feet per house in the sudbivision. Copy of deed. Mrs. Deddens also obtained a deed of trust on the property through Community Trust Bank (formerly Madison County Bank) for $195,330 on July 31, 2009. The note is due in full July 31, 2010 unless modified. Deed of trust

However, Mr. Landrum approached the Madison County Board of Supervisors last month with a request to allow him to replat Longleaf. The minutes for the February 16 meeting state: "Mr. Sellers reported that the developer proposes revising said plat to develop 42 lots instead of the previous 23 lots". The Board approved the motion on a unanimous vote. Minutes

A final plat map has never been issued for Longleaf. The County approved a preliminary plat map for the subdivision in April 2007: "County Zoning Administrator Brad Sellers did appear before the Board and requested the Board approve the preliminary plat of Longleaf Subdivision" Minutes. The County approved the size of 1.5 acres for each lot. Minutes, Map (If I got the map wrong, feel free to send me a correct one).

Mrs. Deddens purchased her lot based on the preliminary plat map. However, the approved replatting by the supervisors divided her lot into two lots although she still owns the property. Mrs. Deddens was not happy with the decision and fired off a letter to the Board of Supervisors on February 19. The letter states:

"It has come to our attention that Mr. David Landrum of Landrum Development has petitioned the Board of Supervisors to revise the preliminary plat of Longleaf Subdivision on Lake Castle Road in Madison, Ms. According to the original plat, D&S Builders and Castlerock Properties, of which I am a partner, owns Lot 3 of the original preliminary plat. Mr. Landrum has now subdivided the lot that we own into two lots. We were not advised of this petition and we do not agree with this new plat that he brought before the Board last Tuesday. Unless he dissolves the loan at the bank on Lot 3 and pays the interest on said lot, we do not agree to the replatting of the original preliminary plat. We were not notified that replatting was being presented to the Board of Supervisors last week. No notification was given to us by the Board or Supervisors or Mr. Landrum." It is signed by Mrs. Deddens.

One can only wonder why Mr. Landrum did not inform the Board there was another landowner involved or why no written consent was provided along with the other exhibits. Several sources have informed JJ that under the new platting, Mrs. Deddens loses a small portion of land to "greenery" as well.

The Madison Realtor apparently has a legitimate point of contention with the Board if she was not notified of the proposed changes. There is this little thing called due process where someone like Mrs. Deddens is supposed to be noticed in order to defend her interests. In this case, she purchased a lot with the expectation she was going to build a home based upon certain representations. Such representations (price range, lot size, square footage) were relied upon by her when she obtained a 12-month note for nearly $200,000 and purchased the property. JJ can also report the City of Madison tabled the proposed water and sewer revisions last week for Longleaf. This should get interesting. Stay tuned.

Update to earlier post: Landrum apparently sold shares in the Livingston Township project. SEC Filing

As a former Airborne troop, I'm proud to post this video.

Jackson crime stats for week ending March 7, 2010.

Jackson major crimes overview for week ending March 7, 2010.

City of Madison daily crime reports through March 11, 2010.

Word of warning in this video. I'm sure you can figure it out. Demopolis's own Jim Rogers has a few things to say about Greece.

Mark Helprin writes a pretty good argument for America to continue production of the F-22 in the Wall Street Journal:
"Cancelling the F-22 Raptor, the most capable fighter plane ever produced, is yet another act in the tragedy of a nation that, bankrupting itself, embracing moral decline, and apologizing to its enemies, is losing the will to prevail. In pursuit of false prosperities that have failed even the economy, America for three presidencies and an entire generation has diminished its arsenals, unbalanced its military, and forgotten its genius for strategy....

Amid such static one thing stands out. As we rapidly disarm, China is just as rapidly arming. Perhaps because Americans do not play much chess we seem not to understand that a nation can be defeated without war, that after failing in the art of balance and maneuver the king may still stand, but motionlessly in check, "soft power" notwithstanding. "Soft power" in the absence of hard power is like flesh without a skeleton.....

In the very long list of such things is the F-22. Its stealth, speed, agility, and advanced sensors are such that in a 2006 exercise against F-15s, F-16s, and F-18s, the F-22, its pilots scarcely accustomed to it, scored 241 kills to 2. Famously, before its opponents know it's there, their aircraft are exploding. Former USAF Lt.-Col. Joseph Sussingham, F-16 Experimental Command Pilot, put it best: "To face a flight of F-22s is to face a wall of death."

The average age of Air Force fighter planes has more than doubled from 1960-1990 and is fast increasing. As the number of combat wings was nearly halved, and the U-2 and F-117 were eliminated in its anticipation, the F-22 became the keystone of American air power. With no new fighter on the horizon other than the F-35, it was as well a guarantee against placing every egg in one basket...."

Found this lil gem on Youtube. Guess JR was getting Jack ready for Victor.

Someone purporting to be on the grand jury that indicted Robbie Bell just posted this on the Clarion-Ledger website:
"Mart S wrote:
I sat on the grand jury that indicted Robbie Bell. Both JPD and the State AG presented evidence in the case. The deliberation was long, deliberate, and contentious. The city and state had admitted that their staff could not agree whether she should be charged. When then DA Faye Peterson closed the door, it was apparent the citizens forming the grand jury did not share in those reservations. There were very heated discussions, all of which were focused on finding a harsher statute than 'conspiracy after the fact' with which to indict her. The state may not feel it could make a persuasive case, but I would much prefer to have let a jury decide based on the same evidence we were given.

Robbie Bell was in the house when Heather was sexually assaulted. (Rape is too mild a word to describe the violent acts which occurred.) Robbie was in the house when the murder occurred. She stayed at home while Heather's kidnapped roommate was brought in at gunpoint. She called her lawyer.
3/12/2010 4:15:16 PM "

Faye should have used 97-9-101 et seq.

What a shocker. Build America bonds are a ripoff of the taxpayers. TheWall Street Journal reported this week about how these municipal bonds are a huge scam for Wall Street to rip off City Hall:

"Wall Street firms have received fees exceeding $1 billion in less than a year selling "Build America Bonds" meant to spur jobs in struggling cities, often charging municipalities higher costs than for traditional bond deals. These new bonds were rolled out in April 2009 under President Obama's economic stimulus plan to create jobs building roads, schools and hospitals. Unlike conventional municipal debt, the new bonds are taxable and generally carry higher interest rates.
The U.S. pays 35% of the interest, so the bonds have enabled local governments to borrow during a credit crunch and save money at the same time, making the higher costs a wash for them....
The Wall Street fees are "surprisingly high," says Edward Prescott, a Nobel-prize winning economist at the Federal Reserve Bank of Minneapolis and a professor at Arizona State University.....

On average, the underwriting fees for Build America Bonds are $8.20 per $1,000, according to Thomson Reuters. By comparison, the standard fee for tax-exempt issues is $5 to $6 per $1,000, according to Wall Street banks. Thomson Reuters says 984 deals have been done since April. Underwriting fees were disclosed in just two-thirds of those, totaling nearly $1 billion....

Many municipalities are racing to issue the bonds this year to qualify for the 35% subsidy. The Obama administration has proposed making the program, due to expire at the end of 2010, permanent and scaling back the subsidy to 28%....." Article

Great. The government is virtually paying local governments to take on more debt. Wonderful. At least Bolivar County is showing some sense. Apparently the state has not done so.

Fondren had a few break-ins early, early Thursday morning:




Of course, you know who wrote this about crime in Fondren a few weeks ago:
"What will happen, and has happened here before, is that the corporate media will see this as a chance to pounce on Jackson again to sell papers and get viewers"

Actually, I think the media is doing us a favor as I like to know where crime occurs, especially since the police don't like giving out that information for the most part. I didn't notice the media soft-pedaling the epidemic of crime that broke out around the Reservoir last summer. Obviously over-reacting to a problem, even crime, is not a good thing and Fondren is obviously not a war-zone. I decided to post these videos as I want to see Fondren succeed. The residents and business-owners in Fondren have worked their tails off the last 15 years in revitalizing that neighborhood. Too often crime has been swept under the rug. Transparency is a good thing. For all the grief everyone gives Mary Hawkins-Butler, she is the only Mayor besides Harvey who publishes her city's crime reports on its website. Nice job, Haley and Marsha.

This dog was dragged by a truck in Alabama in 2008. Article by Paul Cloos in Al.com
Farm Bureau doesn't think this should be a first offense felony in Missisippi.

Mr. David Waide, the President of the Mississippi Farm Bureau Federation recently penned a letter to the Clarion-Ledger stating his position on his opposition to SB # 2623, the animal cruelty bill:

"We are working diligently toward a solution to this problem. We did offer a compromise bill in both the House and Senate and supported that bill, but the bill did not make it through the legislative process. We did have the support of other influential animal welfare groups. We will continue to work toward a solution to this problem as we move through the next session of the Legislature." Letter

Really? Hmmm....lets take a look at your "compromise bill", Mr. Waide, SB #2971. It creates two charges: animal cruelty and aggravated animal cruelty. The charge of animal cruelty would allow a judge to impose a fine between $150 and $1000 and jail up to six months. The judge could also impose up to thirty hours of community service and a psychiatric evaluation. The charge would be a misdemeanor.

Here is what Waide must think is a compromise: the charge of aggravated animal cruelty. Ready for this? Section 4 (1) states: "A person commits the offense of aggravated cruelty to a dog or cat if, except as otherwise authorized by law, he or she intentionally and maliciously tortures, mutilates, maims, burns, poisons or starves any dog or cat." That's the offense. Here is the penalty: "(2) (a) Any person who commits the offense of aggravated cruelty to a dog or cat shall be deemed to be guilty of a misdemeanor and punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), imprisoned for not more than forty-eight (48) hours, or both."

Got it? Burn a dog, drag a cat behind a truck, do the Luke Woodham thing, and the bill would have CUT the jail time from the current maximum of six months to TWO DAYS. TWO. Is that Mr. Waide's idea of compromise? When Mr. Waide and his fellow rednecks had their lil ole breakfast in Lowndes County and discussed how they were going to kill SB # 2623, is this what they had in mind?

The actions and statements of Mr. Waide and his allies show the falsity of his letter. They were never interested in negotiating or compromise. The Columbus Packet article did not report they were trying to fix that bill or push their "compromise" bill but instead were dead-set on killing it in committee. Someone should ask Mr. Waide if he thinks burning a dog to death should bring a sentence of no more than 48 hours in jail. Is that what Farm Bureau is really about? Weakening the current penalties for animal cruelty? If Mr. Waide was supporting a compromise bill, then how come his lobbyist didn't include in her statement of opposition to the bill that Farm Bureau preferred another bill? Mr. Waide's statements are simply not supported by the facts.

Update: More proof of Farm Bureau's duplicity: "Sen. Billy Hewes, R-Gulfport, who authored the measure, said there is “pretty broad support for it. (Passage of #2623)” “We have had input from everybody from the Humane Society to the Mississippi Farm Bureau (Federation) to the National Rifle Association.” Article

Debate on MPB last summer: start at 3:00 mark.

Oh, and lets not forget this part since someone at Farm Bureau might think I'm trying to sell insurance on this website:
The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

Is the Livingston Township development in trouble? Benchmark Design filed a construction lien against Livingston Township, LLC and Chestnut Developers, LLC for $14,683 and another one for $109,148 on January 19, 2010 in Madison County Chancery Court. Both LLC's are owned by former Republican Congressional candidate David Landrum.

Gus Primos conveyed a deed of trust for $400,000 on January 8, 2010 that is due in full at the end of the year as well as a deed. Trustmark issued an amendment to several deeds of trust for $3,888,998 on October 21, 2009 stating that they were due in full on March 22, 2010. Bankplus issued one in 2008 for $1,255,000 that is due on June 13, 2010. Metropolitan Bank also issued a deed of trust in 2008 for $3,077,675 that is due in full on May 12, 2010. What is disturbing is the registered agent and incorporator for Livingston Township, LLC is Patrick McCraney, one of the main cogs in the Steadivest wheel and a defendant in the investors' fraud lawsuit (see Steadivest posts collection on lower right side of the page.).

Its not hard to see how such a project could have some problems. Jumbo financing froze eighteen months ago and homes in that price range have sold more slowly since October 2008 as the recession and much tighter underwriting guidelines have made it tougher for homebuyers to obtain mortgages for such homes. It is hoped this project succeeds as there has been too much cookie-cutter development in the last twenty years and this area could use some architectural diversity.

On another note, rumors have circulated for months about the Lost Rabbit development having financial problems. Community Bank did file a Substitute of Trustee notice in September against the LLC. However, the bank recently filed a release stating the loans were paid in full, thus canceling the notice.


Note: Releases, modifications, and partial releases are often not filed at the courthouse in a timely manner. Thus any or all of these deeds of trust could have been satisfied or extended without public notice.

Today was her birthday.

Well, Dean Kirby of Brandon pats himself on the back and the AP goes right along with it for stopping state employees from "double-dipping" on their retirement pay:

"The Mississippi Senate on Tuesday passed a bill that aims to prevent "double dipping" by state employees who retire and then return to work as part-time or contract workers for the government.

House Bill 957 would require state agencies to make a contribution to the Public Employees Retirement System fund for those employees, even though the contract workers and part-time workers cannot accrue more time toward retirement.

Currently, neither the returning employees nor the agencies that hire them contribute to the retirement system.

Senate Finance Chairman Dean Kirby, R-Pearl, said Tuesday that the bill would prevent "double dipping." He said many state employees retire and then soon return as contract workers.."

Just one question Dino: When are you going to do something about SLRP? You DO remember SLRP, don't you? In case you forgot, SLRP is your special retirement plan I reported last month for the legislature.

Hypocrites.

Check Table 9. Not good. Not good at all.

Wasn't even close. Recent JJ poll on the preferred choice of flood control for Jackson was the Two Lakes proposal. Personally I favor Two Lakes or another plan that combines economic development and flood control. Interesting how almost no one wants the levee plan, yet that is what the government seems intent on forcing down our throats.

Ben Allen provides an update on Jackson Now! about the Standard Life Building project:
"The "rehab" is on target to finish by Sept 1st. The project will contain 76 apartments, and has an "I am interested" list of 153 prospects. David Watkins is relatively certain that it will be completely leased the day it opens...." rest of the story

Hopefully Mr. Watkins will be able to provide us with some photos of the progress.

Added feeds from news and opinion sections of the Wall Street Journal. Thinking about removing Marketwatch and Ipse Blogit as it has really slowed down due to Jim and Matt's caseloads.

go to www.jacksonfreepress.net and see what you get. Too funny.

Financial Times reports
"Brazil moved to raise tariffs on a wide range of American goods on Monday, potentially igniting a trade war with the US over cotton subsidies after eight years of litigation at the World Trade Organisation. The decision takes effect next month, starting a 30-day period during which US and Brazilian officials will attempt to negotiate a solution to the dispute...

Under the Brazilian plan, duties would rise most steeply on cotton products. Many that are currently taxed at between 6 per cent and 35 per cent would be taxed at 100 per cent....." Article

It is unknown how much this will affect Mississippi Farmers* but it is sure to impact them to some degree as Mississippi shipped $278 million in cotton last year. Census data This 2005 article written by a Mississippi State University associate professor provides a thorough history of the case. The ironic part is the subsidies that were at the heart of the dispute were phased out in the 2006 farm bill.

Jason Riley writes in the Wall Street Journal last week about the success charter schools are having in Harlem:
"New York state passed a charter law in 1998, and the first charter school in Harlem opened the next year. But it is New York City's mayoral control law, passed in 2002, that's allowed school choice for low-income families to blossom. Mayor Mike Bloomberg has the authority to hire and fire the schools chancellor and appoint a majority of the city's board of education, which previously had been controlled by teachers unions.

Today there are 24 Harlem charters. They select students by lottery, and they educate about 7,700 of the community's 50,000 school-age kids. Another 5,700 children matriculate at one of Harlem's 30 private and parochial schools.

"Harlem now has more school choice per square foot than any other place in the country," says Eva Moskowitz, who operates four charters in Harlem. Nationwide, the average black 12th grader reads at the level of a white eighth grader. Yet Harlem charter students at schools like KIPP and Democracy Prep are outperforming their white peers in wealthy suburbs. At the Promise Academy charter schools, 97% of third graders scored at or above grade level in math. At Harlem Village Academy, 100% of eighth graders aced the state science exam. Every third grader at Harlem Success Academy 1, operated by Ms. Moskowitz, passed the state math exam, and 71% of them achieved the top score..." Column

In fact, this study by Stanford Professor Caroline Hoxby compared charter schools and regular public schools in New York City. study Some highlights from the study:
*"The most distinctive feature of the study is that charter schools' effects on achievement are estimated by the best available, "gold standard" method: lotteries. 94 percent of charter school students in New York City are admitted to a school after having participated in a random lottery for school places." In other words, no cherry picking.

*"charter schools' neighborhoods are about 40 percent black non-Hispanic whereas New York City as a whole is only about 22 percent black non-Hispanic. Charter schools' neighborhoods are about 38 percent Hispanic whereas New York City as a whole is only about 25 percent Hispanic.
Charter schools' neighborhoods are also economically disadvantaged. For instance, the average household income in charter schools' census tracts is $37,639 while it is $59,743 in New York City overall. 43.7 percent of households in charter schools' neighborhoods have incomes less than $20,000, but only 28.4 percent of New York City households have such low incomes." See See page 14 of study

*"On average, a student who attended a charter school for all of grades kindergarten through eight would close about 86 percent of the "Scarsdale-Harlem achievement gap" in math and 66 percent of the achievement gap in English."

*"the lotteried-in students who attend New York City's charter schools start out with the same level of achievement as the lotteried-out students who attend the city's regular public schools. By the third grade, the average charter school student is 5.8 points ahead of his lotteried-out counterpart in math and 5.3 points ahead in English Language Arts. In grades four through eight, the average charter school student gains 5.0 more points each year in math and 3.6 more points each year in English than his lotteried-out counterpart. Remember, these gains are in addition to whatever gains the students would have been expected to make in the regular public schools, had they been lotteried-out." (p.43)

Meanwhile, David Jordan from Greenwood brings the wood for the Klan in smacking charter schools away from minority children as he blocks any substantive charter school legislation.

Jackson crime stats for week ending February 28, 2010.

Jackson major crimes overview for week ending February 28, 2010.

Latest crime reports from Madison.

Who is Samantha Cawthorn? Examination of the Cease and Desist emails sent from a Mississippi Farm Bureau address reveal Farm Bureau employee and lobbyist Samantha Cawthorn likely wrote the emails. The above screen shots show the "properties" associated with each letter and the author was scawthorn. This website used Farm Bureau's logo featured above in recent posts criticizing and parodying Farm Bureau's stated opposition to the animal cruelty bill that died in committee this week. See earlier post on Cease and Desist letters Ms. Cawthorn is not an attorney and graduated from high school in 2003. She is listed on Farm Bureau's website as a "public policy coordinator" and is registered with the Secretary of State as a lobbyist for MFB.

An examination of public records such as lobbying reports and Form 990's reveal some interesting facts. This report shows Agriculture Committee Chairman Greg Ward and fellow committee member Preston Sullivan attended a dinner at Farm Bureau President David Waide's home last year. The reports also show Mr. Ward is a regular guest of MFB as they treat him to some grub three to four times per session. 2010 campaign lobbying report, Additional 2009 report. It should also be noted Farm Bureau Federation's 2007 Form 990 reveals Agriculture committe member Bill Pigott is a director on the board of the Federation. While you are at it, check out this article about preventing livestock abuse in Farm Bureau's magazine. The irony.

Since Ms. Cawthorn is not an attorney, I'm posting this for her benefit:

The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

For a collection of all posts on the Evans case, see sidebar at the right side of the page.

Amy McCullough of the Mississippi Business Journal reports the Evans brothers are still operating their Gulf States Directory company:

"Employees from a phone book company operated by a man who filed for bankruptcy in October are selling ads to small business owners in Rankin and Madison counties. And money is being collected for ads for new phone books that will likely never be distributed or printed.

Rankin County books were supposed to be distributed in June but have still not been delivered due to nonpayment to the printer. The phone books’ printer, Utah-based Liberty Press, still holds 45,000 Rankin County books in its warehouse. Gulf States paid for 1,700 Rankin County books in spring 2009, which the company has distributed sparingly to stall angry customers who have inquired about books.

Gulf States has produced Metro West Jackson and Rankin and Madison county phone books for years.

Pure Air Consultants in Ridgeland wrote a check for $1,200 to Gulf States in January for their balance on advertising in the Rankin book. Employee Jennifer Sanders contacted Gulf States ad salesman James Garner early this month about distribution of the books. Garner was “extremely rude and defensive” and told Sanders that directories had been distributed and that she was welcome to come by the office to pick one up, she said. Garner told her that ad representatives were too busy selling ads for the upcoming Madison County book to handle her request personally, Sanders said." Article

I can personally testify to the attempts by Gulf States to sell more ads. Gulf States tried to sell an ad to a friend a few weeks ago. She called me and asked about these guys as she reads this site. She was writing out a check for several hundred dollars. The rep tried to blame everything on real estate deals gone bad, disgruntled banks, and a former employee poor-mouthing them to everyone. Thankfully for Chris Evans, my friend decided not to buy the ad after she had already written the check. However, the article reports other organizations such as the Flowood Chamber of Commerce never received their copies and the publisher still has not been paid for the directories which are still sitting in the publisher's warehouse. I also spoke to the Hinds County District Attorney's office about this case and was told if any of the injured parties file a complaint, they can investigate. However, it takes someone willing to stand up for themselves.

MFB opposed a bill that would make such scenes a felony in Mississippi.

This picture was taken in China where the government ordered the wholesale slaughter of dogs due to an outbreak of rabies. Instead of simply administering vaccines, tens of thousands of dogs were beaten to death. Keep in mind Mississippi Farm Bureau Federation and its allies in the legislature think something like this should be a lil ole misdemeanor.

Columbus Packet article reporting MFB's opposition to the bill. MFB newsletter stating opposition to Senate Bill #2623.

The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

Even CNBC rips up the New York Times.

Update: Farm Bureau sent a second cease and desist letter, if it is Farm Bureau, of course. Apparently Mr. Waide himself is behind this one: "The previous letter you received and this letter are authentic, authorized by Mississippi Farm Bureau Federation President." In other words, Mr. Waide himself is probably behind this one. It ended: "If you refuse to remove the FARM BUREAU® mark from the blog, you will be subject to legal action under state and federal law." My response was the same as written below and included state law. Copy of letter


Well, what do you know, I got someone's attention. Someone purporting to be Mississippi Farm Bureau sent me a Cease and Desist Letter last night. I say purporting because it was not signed nor was any name such as an attorney listed. The letter states:

"It has come to our attention that you are using the FARM BUREAU® logo on your
website (http://kingfish1935.blogspot.com/) without our express written permission.
Please note that we allow use of our logo only if we have granted express written
permission; see http://msfbins.com/disclaimer.asp. Such unauthorized use constitutes
trademark infringement and unfair competition under both federal and state laws. It
misleads consumers into believing that some association exists between you and Farm
Bureau; and it weakens the ability of the FARM BUREAU® mark and name to identify a
single source, namely, Farm Bureau." Letter

Oh really? It does? Lets look at some law first. Federal law states:

"the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." 17 U.S.C. 107 link

The Mississippi Code, you know, state law, further affirms this use of copyrights or trademarks if used in criticism, comments, or news reporting:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

The American Bar Association has even weighed in on this subject:
"The fair use of copyrighted works for purposes such as criticism or comment is
not an infringement of copyright. See 17 U.S.C. § 107. The idea of fair use
reflects copyright law’s careful consideration of First Amendment principles, as
fair use permits later authors “to use a previous author’s copyright to introduce
new ideas or concepts to the public.” SunTrust Bank v. Houghton Mifflin Co., 268
F.3d 1257, 1265 (11th Cir. 2001).....

The Supreme Court has unequivocally held that a parody may qualify as fair use
under § 107. According to the Court, a parody is the “use of some elements of a
prior author’s composition to create a new one that, at least in part, comments on
that author’s works.” Id. at 580. Like other forms of comment or criticism,
parody can provide social benefit, “by shedding light on an earlier work, and, in
the process, creating a new one.” Id. In other words, parodies can be considered
“transformative” works, as opposed to merely “superseding” works....
ABA paper

It should be obvious to all this is a news and commentary website but then again, we are dealing with a company who seriously thought the animal cruelty bill would affect soybean and corn production. Jackson Jambalaya is a website of "commentary, politics, culture, and jackassery in Jackson, Mississippi". This description is posted at the TOP OF THE PAGE for everyone to see. This site has been cited as a news source by several tv stations, newspapers, and websites. Commentary and parodies are published from on a regular basis as well.

The use of the Farm Bureau logo was a form of commentary and use of parody to further the point of said commentary. It was reported by WLBT and the Columbus Packet that the Farm Bureau, led by its President David Waide, led the fight to kill Senate Bill #2623. MFB's own newsletter this year stated it opposed the bill. It is the position of this commentator that if Mississippi Farm Bureau led the effort against a bill narrowly tailored to make animal cruelty a felony under some circumstances, then MFB's involvement should be pointed out and made known to the public. Unfortunately for Mississippi Farm Bureau, its successful attempt to kill #2623 means burning a dog to death or shooting a cat through the head with an arrow for sport will remain misdemeanors. Mississippi Farm Bureau was not interested in compromise or "fixing" the bill but instead decided to use its club and kill it.

Mississippi Farm Bureau's goals and tactics to achieve such goals in the legislature are merely an exercise in their rights to free speech and petitioning their government. MFB needs to remember such rights apply to everyone else as well. Mississippi Farm Bureau has done many good things for Mississippi over the years and stands up for the farmers when the radical environmentalists and yes, the PETA nuts try to force their extremist positions on the rest of society. It is indeed the farmers who are the salt of America and have helped build up this great country. However, there are times when Mississippi Farm Bureau is wrong and this is one of those times.

The MFB sign was used in a non-commercial way and can not be construed under any interpretation that it is competitive in nature. To imply this website used such logos in a commercial manner is specious and clear evidence of MFB attempt to make an argument in bad faith. Jackson Jambalaya is exercising its rights under the fair use sections of federal and state law when it uses the MFB sign and logo in news articles, commentaries, and parodies.

The saga of Boxcar Billy Murphy and his Fine Arts Institute of Mississippi continues. Mr. Murphy operates the Ridgeland charity for the purpose of promoting the arts in Mississippi and funding scholarships for students according to his website and numerous public statements. FAIM is funded by his bingo operation, Boxcar Bingo. Funding a charity with a bingo operation is challenging at times as the charity must operate under the rules of two state agencies: the Secretary of State (charities regulation) and the Gaming Commission (bingo regulation). FAIM was formed in 2001 but did not obtain a charitable gaming license until 2006.

The charity has drawn controversy after the Clarion-Ledger reported "According to the secretary of state's office, the institute in 2007 posted revenue of nearly $4.5 million. It spent nearly $173,000 on programs, just shy of 4 percent of its total revenue. In 2006, the agency collected nearly $1.3 million in revenue and paid out $1,000 on programs, less than 1 percent of its budget."

The state investigated the charity's finances and sought to deny the renewal of its charitable gaming license. The Gaming Commission suspended the license several weeks ago but allowed Boxcar Bingo to continue operations while it appealed the decision. The suspension was based on three issues: Mr. Murphy spent $7500 of bingo receipts for software to track and report revenue and expenses for complying with state regulations, paid Madison County Supervisor Tim Johnson a monthly fee to lobby the legislature, and did not disclose a loan from another charity operated by Tim Johnson's wife when it applied for a bingo license.

FAIM/Boxcar Bingo presented its appeal at a hearing held at the Commission several weeks ago. Mr. Murphy and his attorney Eric Hamer (Attorney for the Madison County Board of Supervisors) vigorously defended his case. A razor-sharp Hamer ran rings around the lawyers for the Gaming Commission that day as he used every argument and trick possible to defend his client. One Commission attorney looked like a linebacker going to a funeral as he fumbled around from point to point while the other looked like he just learned how to shave as he feebly argued the state's case. Ms. Myers was the only one that asked tough questions and seemed to have a good grasp of the case as she grilled Mr. Murphy at the end of the hearing in a manner that was tough but allowed Mr. Murphy to answer the questions in full.

Meanwhile, the media was in attendance: MC Journal, The Monica Hernandez from WLBT, later Ballou the Bear, and even Ms. Laraye Brown of the Clarion-Ledger who arrived fashionably late (thirty minutes) in typical sorority girl fashion: coffee in hand, sunglasses on head, you get the idea. Ms. Myers at first banned cameras from the hearing and relented after Ms. Hernandez repeatedly challenged her decision during a break. Credit must also be given to Ms. Brown who strongly objected to an attempt to seal many of the documents filed in the case. Ms. Brown did so in the middle of the hearing and Ms. Myers was forced to concede the point to the young intrepid reporter.

Mr. Murphy claimed a Doug Tyrone of Charitable Gaming called him and asked him if was interested in starting a bingo operation to fund his charity. He said there was no training for running a bingo hall and it was difficult to follow two different agencies with two sets of rules that he said at times conflicted with each other. He claimed he purchased the software because he paid a CPA $1500 a month to provide reports to the state. He argued the software gave him the ability to compile the reports without a CPA and thus save money for the charity in the long run (I actually thought this was a good point).

However, Mr. Murphy complained about the strict rules imposed upon him by the Gaming Commission. The Commission requires Boxcar Bingo to send 40% of the net proceeds to the charity, FAIM. Murphy said it was "arbitrary" and "antibusiness" and was the reason he hired Tim Johnson as a lobbyist. It was stated Mr. Johnson was hired to get the legislature to allow him to raise employee pay, increase the maximum payout per bingo session to $10,000 and relax the 60/40 rule (He claimed the rule was too strict and few charities could adhere to it.).

Well....you long time readers of JJ know what is coming next: I filed a public records request with the Gaming Commission asking how many charitable gaming licenses were denied over the years for violating the 60/40 rule. The Commission stated it was 13 since 2002: 5 in 2002, 5 in 2003, and only three since 2004. The Commission testified there were 87 bingo halls in Mississippi. Thus, the Commission has only denied said licenses three times in the last six years, thus belying the claim that the rules were too strict as few charities seem to get in trouble over this particular regulation. Mr. Murphy even went further and said the Secretary of State's office told him to hire a lobbyist in a letter, a letter he never produced (He repeated the claim at the SOS hearing this week). The SOS office told this correspondent it never sent Mr. Murphy such a letter or told him to hire a lobbyist.

Ms. Myers recommended the charitable gaming license not be renewed last week (It must be noted the opinion here came from the Clarion-Ledger article last Saturday and that it is not signed.).

Ms. Myers also denied Hamer's motion for recusal. Hamer argued she had a conflict of interest since the hearing examiner and prosecutors both worked for the Attorney General's office. Mr. Hamer know this is a fundamental part of administrative law and few courts are going to grant such a motion (Indeed, Mr. Hamer should adopt that defense the next time he answers a bar complaint and see how far he gets as the Bar uses the same practices in um, disciplining wayward lawyers.).

Ms. Myers ruled the software purchase violated Commission regulations as the purchase was paid out of a charity bank account and thus grounds for denial as bingo expenses are to be paid out of a separate account for said expenses. Paying such expenses out of the charity account thus prevents the commission from accurately determining whether Boxcar Bingo is spending more than 60% of bingo income on expenses.

The hearing officer then ruled the hiring of Tim Johnson as a lobbyist violated Commission regulations as well as Mississippi Code section 97-33-52(2) stating all net proceeds from bingo "shall be expended only for the purpose for which the charitable organization was created" and was grounds for denial as well.

FAIM paid $24,500 to Tim Johnson for lobbying services pertaining to "gaming reform". Mr. Hamer repeatedly argued Murphy had a constitutional right to free speech. Ms. Myers stated he indeed had a right to free speech but not a right to use "net proceeds from bingo to pay a lobbyist". Ironically, Mr. Murphy told the Commission he still employed Johnson at a salary of $3,000 a month for "marketing" services.

The final issue adjudicated by Ms. Myers was whether some dealings between MYART and FAIM consituted a violation. MYART, Mississippi Youth Activities & Recreation Team, is a nonprofit operated by Tim Johnson's wife. It apparently loaned $25,000 to FAIM. Mr. Murphy called the loan a "donation". MYART and FAIM entered into an "asset-sharing agreement." Under the terms of the agreement, FAIM was required to repay the $25,000 within 90 days of denial if it was unable to secure a charitable gaming license. The agreement had a fixed term: five years (Thus, does FAIM have to repay $25,000 to MYART if its appeal fails?). The opinion states this was a loan, not a contribution even though FAIM reported it as a contribution on its tax returns.

FAIM had a duty under the law to report any loans or asset-sharing agreements to the commission. The asset-sharing agreement also stated FAIM was to give 70% of the "net assets received from FAIM's bingo operation" to MYART. While such payments would have been a violation, Ms. Myers found that no payments were made to MYART and thus no violations occurred.

However, she did state "Regulation L, Section 12 (the 60/40 rule) requires that a charitable bingo lincee's 'net proceeds' from bingo must be at least 40% of the licensee's adjusted gross receipts from bingo and must be devoted to the specific purpose for which the charity was created." The opinion also states "at the hearing Murphy testified that in FAIM's first year of operation, it was able to spend only about 7% of its net bingo proceeds on charitable programs. The rest of the net proceeds (about 93%) was used for its administrative expenses. The next year it spent approximately 13% or 14% on charitable programs, with more than 80% used for administrative expenses; and in 2009, it spent about thirty percent (30%) on charitable programs, with about seventy percent being used for administrative expenses."

Be that as it may, Ms. Myers ruled "FAIM was deceptive in failing to disclose to the Commission the Asset Sharing Agreement executed between FAIM and MYART. However, she states in her conclusion it was not a violation but the "deception" did bring "into question the general character of the FAIM charity."

Mr. Murphy is appealing the decision to the Gaming Commission board. The Secretary of State held its own hearing this week and a decision will be announced in the next two weeks. The Madison County Journal reported the parties were discussing a possible settlement of the case.

Copy of Recommendation of Denial by Hearing Examiner, 2007 Form 990, 2006 Form 990, 2005 Form 990, Copy of SOS order

"On Saturday afternoon, October 18, the Humane Society of Missouri responded to a call from the St. Louis City Police Department and a concerned citizen about an injured cat in north St. Louis City. The HSMO Animal Cruelty Investigator and St. Louis City Police Officers determined that the cat had been bound, beaten numerous times with a metal object and set on fire. Humane Society veterinarians who examined the cat found she was suffering from numerous abrasions and bruises, her lungs were irreparably damaged by inhaled smoke and her flesh was severely burned. To alleviate further suffering, the cat was humanely euthanized."



Mississippi Farm Bureau thinks this should be a misdemeanor. The Columbus Packet reported in its February 18 issue a story about SB #2623 with the headline :"Animal Cruelty Bill dominates Farm Bureau Legislative Breakfast". Representatives Gary Chism, David Gibbs, and Senator Terry Brown attended the Lowndes County pow-wow (Why does this make me think of Jock and JR at the Cattlemen's Club?). Article

Farm Bureau President David Waide said "We're very sympathetic to abuse, but I've yet to see a state pass one bill for dogs and cats and didn't impact meat producers. It has tremendous impact on things you don't think about, like soybeans and corn.' He said he didn't want to see those industries hurt 'simply because there are those who want to see a first-offense felony for animal abuse." Waide then further justified his opposition by citing the costs of investigating prosecuting, and incarcerating.

Chism spelled it out for everyone: "On the dog deal, you really need to kill it in committee and not let it come out (to the House floor). If you do, you'll have alot of people in the gallery- and they don't' tell you what he just told you. maybe they'll tell you some horrible stories about setting a dog on fire. That's horrible but I'm like him, it doesn't need to be a felony. The papers called me about this little dog-fightin' bill and I said, "It's not even a felony to kill a baby and we're talkin' about making it a felony to kill a dog?!" Mr. Chism, perhaps you forgot the Supreme Court had something to do with that little angle of the law and that actually it IS illegal to kill a baby or kill someone else's unborn child. Chism continued: "Don't let it get out of committee or it might have the same fate as the Senate."

I think what really disgusts me is their attitude. They weren't interested in a compromise or fixing the bill. I think most if not all supporters would favor changing the bill to protect Mississippi farmers and industries. Unfortunately for them, Waide, Chism, and Farm Bureau gave them no respect whatsoever and had their little lapdog, Billy McCoy, require two committees pass the bill. It looks like supporters of #2623 will have to wait another year.

Note: This group also opposed the bill.

The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25