Archive for March, 2009

Pelosi Protecting Undocumented Workers One Blunder At A Time

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What perfect timing! Despite the latest data showing the national unemployment rate at slightly over 8% and California peaking at close to 11, House Speaker Nancy Pelosi decided to make a stand for….the employment rights of undocumented workers. Speaking on March 8 to a group of legal and illegal immigrants in a San Francisco church, House Speaker Nancy Pelosi condemned the “un-American” trend of work “raids” by ICE (Immigration and Customs Enforcement) agents. 

“Who in our country would not to change a policy of kicking in doors in the middle of the night and sending a parent away from their families?” Pelosi asked. “It must be stopped….what value system is that? I think it’s un-American. I think it’s un-American.”

Is it no wonder that the Department of Homeland Security is in a holding pattern, frustrated that the policies set forth to control our borders is in ever changing paradigm? E-verify employees, your call will be answered in the order in which it was received.

March 22nd, 2009

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Stephen Curry’s Shooting Star

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College basketball fans, you will no doubt sense a void during this year’s March Madness Stephen Curry, the outstanding guard for Davidson College in Charlotte, NC, will not be making his 3rd appearance in the NCAA-based tournament.

Anxiously viewing the televised selection show Monday from his apartment with 6 other teammates, Curry stated he was not surprised Davidson missed the cut.

Even with the wunderkind’s assistance, Davidson’s 2008-09 team performance was not enough to propel them to the NCAA sweet sixteen. They squeaked by with a 6th seed in the National Invitation Tournament (NIT) and a first-round win against South Carolina Tuesday night. Curry’s 32 points accounted for almost half of the Wildcats’ output, whose opponent for round two this coming Monday is St Mary’s.

Curry’s 3 seasons with Davidson have been nothing short of remarkable. The son of 16 year NBA veteran Dell Curry, Stephen averaged 21.5 points his freshman year and ranked second in the nation in scoring. The following year, he boosted his scoring average to 25.5 and rounded out his gameplay with a season average of 4.7 rebounds and 2.8 assists. He propelled Davidson to a coveted Final Four spot, losing only by 2 points to the eventual 2008 victor, the Kansas Jayhawks.

Curry is of 3 finalists for the prestigious John Wooden award ceremony set to take place April 10 at the Los Angeles Athletic Club. He has become Davidson’s all-time leading scorer (2,488) with his 34 point performance on February 28th against Georgia Southern.

Pedigree is strong, with younger brother and freshman Seth making a name for himself at Liberty University. Though a “dream match” of the Curry brothers was envisioned for this year, but a date could not be finalized.

The NBA is certain to benefit from Stephen Curry’s astonishing abilities. Let us hope he becomes more seasoned as a senior before making that next step….want a do-over, Greg Oden?

March 20th, 2009

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The Fritzl Schnitzel: Rancid Meat Pounded and Served Au-Justice

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Josef Fritzl knew his sordid charade was over. The 73 year old Austrian was already convicted of rape and imprisonment of his daughter Elizabeth. The impetus behind his full confession came behind closed doors where a panel of judges and jury alike watched in horror as the now 42 year old woman testified via videotape this past Monday and Tuesday. According to a European source, Fritzl learned under Austrian law a full confession could result in a reduced sentence. To his lawyer’s surprise, Fritzl stated on Wednesday, “I declare myself guilty to the charges in the indictment” and referred to his behavior as “sick.” Psychiatrist Adelheid Kastner told the court Wednesday that Frizl suffers from a serious personality disorder, and, even at his advanced age, poses a threat if let among the general populace. She recommended Fritzl serve out his sentence in a prison facility specially equipped to handle psychologically deranged criminals.

A quick synopsis: in 1984, Fritzl locked then 18-year-old Elisabeth in the tiny, windowless cellar of their home. Over the span of many years, he raped her on countless occasions, fathering 7 children in the process. His steadfast refusal to grant medical care resulted in his son Michael’s death in 1996, who might have otherwise survived. Elizabeth and her remaining 6 children, ranging in age from 6 to 20, have spent the last several months recovering in an undisclosed psychiatric clinic. Elisabeth’s mental state is described as “broken.”

Please pardon my digression from the facts to present an unadulterated bit of commentary. Josef Fritzl is a monster. A man who outlived his usefulness years ago and is not fit to be a member of society. Let us dispense with the pretense of wasting Austria’s valuable tax dollars for his incarceration or baseless rehabilitation. An enterprising Austrian restaurateur made a short-lived attempt to capitalize on the spectacle by offering a “Fritzl Schnitzel”. I say, make it the specialty of the house! The symbolism of this dish is deliciously tantalizing. Imagine this barbarian encased in plastic wrap and pounded repeatedly with a metal hammer, then placed over an open flame to atone for his atrocities. The end result is a meal not even fit for a rodent. Quid pro quo may seem uncivilized in this parable, but do keep in mind the underlying theme: Lady Justice reigns supreme. Sooner or later, her will is inexorable and never should it be more so than in a little courtroom situated in St. Poelten, Austria.

The four day hearing concluded on Thursday. Fritzl received a life sentence to be served in a psychiatric institution, effective immediately. He has no plans to appeal.

March 20th, 2009

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Greetings!

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Greetings! Today I’ve launched www.janicebrenman.com. Please bear with me while I make some minor tweaks in the first few weeks of launching this blog. I hope you visit often to read my thoughts on legal issues, news and politics. Please contact me with any comments or questions you may have at janice@janicebrenman.com.

My Very Best Wishes,
Janice R. Brenman

March 17th, 2009

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Guilty Pleasure

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As a Los Angeles native I have to admit that following the Anna Nicole Smith saga, a staple of reality television and tabloid news, has been hard to avoid. I continue to see coverage of her life in the tabloids, but after I read some articles on her estate battle with her deceased husband’s family, I became intrigued by the legal intricacies in the case and the shenanigans of Smith and her lawyers. I even wrote a few articles on the subject, which you can find on this blog.  The case has been with the 9th Circuit Court of Appeals since May 2006.  However, just last week there was some movement in the case, instigated by Smith’s former lawyer-turned-beau, Howard K. Stern.

Here’s a quick thumbnail sketch of the case: Smith married the elderly J. Howard Marshall, II in 1994 in Texas; he passed away 14 months later.  Smith then discovered that she was not named as an heir in Marshall’s detailed estate plan – having already given her plenty of funds, but left his estate to his son. Undaunted, Smith claimed that, shortly before his death, Marshall told her –and her alone- that he would leave her a sizeable chunk of his estate. While the case was being deliberated in a Texas probate court, Smith hatched a secondary desperate attempt by filing for bankruptcy in a California court.  Please note:  She did have residency in California – because she never even lived with J. Howard!  I digress.  Even though the Texas jurors ultimately denied Smith her fantasy inheritance, evidence entered in the Texas case was inadmissible in the California bankruptcy court. Consequently, a judge awarded $447 million to Smith, without having viewed Marshall’s estate plan at all. Confused yet? The California case (called Marshall v. Marshall because she sued under her married name) was eventually appealed to the 9th Circuit Court of Appeals, and it’s been a bloodbath ever since. Over a 10 year+ period, Smith, with Stern’s help, has clogged the courts with tactics using moral, ethical and legal judgment which is questionable at best. Stern also became executor of Anna Nicole’s estate when she died in 2006. On her behalf – or on behalf of the percentage he’d be entitled to if her estate inherited anything- he recently filed an application to the U.S. Supreme Court. This was yet another desperate attempt to overturn the 9th Circuit panel decision and instigate some activity with the Marshall v. Marshall case. Too bad for Stern, U.S. Supreme Court Associate Justice Anthony Kennedy rejected his efforts on Friday to expedite the action in the 9th Circuit.

You think that’s complicated?  The latest revelation in Smith’s mysterious death has pushed Stern from the proverbial frying pan into the fire. The California Attorney General implicated Stern as one of Smith’s drug enablers, and charged him Thursday with six felony counts. Stern, along with two doctors, are alleged to have plied the model and actress with thousands of prescription pills in the months preceding her fatal overdose. After a two year probe involving Stern and Drs. Khristine Eroshevich and Sandeep Kapoor, L.A. County prosecutors had amassed enough evidence through public officials, medical and insurance records and the DEA, to issue a warrant for Stern’s arrest in Whittier, California, with bail set for $20,000. The two doctors were also charged with felonies for their roles in the conspiracy. The charges filed Thursday include unlawfully prescribing a controlled substance and prescribing, administering or dispensing a controlled substance to an addict. Stern faces six felony counts and the doctors face seven each. Each count carries a potential sentence of three years, according to California Attorney General Jerry Brown. The motives behind these nefarious actions remain to be seen, but Brown speculated that the allure of wealth, fame and glamour played some role. In a recent press conference, Brown voiced his strong views on those who “pump innocent and often vulnerable people full of…cocktails of methadone and antidepressants and sleeping pills and Xanax” which inevitably lead to an “explosion.”  Brown also referenced video footage of Smith shortly before her death, saying that she was clearly “drugged to the point of stupification” (sic).

Yes, folks, it’s been a busy week for Stern, and it appears the fun has just started. Fame. Power. Drugs. Death. Hollywood history is rife with examples of how this scenario has played out time after time. Paging Lady Justice…it might be soon time to unsheathe that sword once more.

March 17th, 2009

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