Currently, my case load is a local woman with feral cats she has adopted as her own, being threatened by the Local Police Department and says she is being Harassed by the Chief of Police himself.
The issue has been ongoing for some time with a tit for tat attitude by the peritrator of the issuance, James White, and the two neighbors he feels are violating his property rights by allowing their cats roam free on his yard. The complaint however does not stop with the cats, it continues to newer levels with the request by Mr. White fo the village to stop possums and racoons from going on his property as well. The request that makes me chuckle the most is the request for the village to make birds stop deficating on his property as well. I'm not quite sure what Mr. White is expecting to be done but I do realize that issue is unfortunately unavoidable.
My effective suggestion to the village to deal with the problem at hand for the time being is to amend the "pooper-scooper" law to include domesticated cats, thereby making it the duty of the owner of the pet to clean up the defication on the demised premise. This, however, is not enough, so it was suggested to Mr. White to buy moth balls to keep the animals away as they do not like the smell. Mr. Whites response was that he could not afford moth balls at the dollar store. One gets a sense that the complaint is not about the cats but rather a new land owner trying to assert his authority over the neighborhood.
I think i should state that I dont feel that the Village Police are corrupt in this issue. Just there seems to be an unclear, severly lacking in focus on laws and statutes, in regards to the issue at hand. I have done nothing but supply all the relevant and pertinant information from a legal standpoint but the issue is like a dog chasing its tail and it is just getting worse. To the point that Mr. White in his dire frustrations is now taking it out on the neighborhood with gross misconduct in public to the point of lewdness.
Monday, March 31, 2008
Update to the State Police Issue
At the begining of this month, after being fed up with the gross negligence of the state police and the situation with my daughter being completely ignored, I went up to the Super Intendants Office and tried to have a conference with him.
Again his office called up IAB and sent an LT down to talk to me. The LT said the investigation was not going to be looked into or evaluated on its merrits as this is not CSI this is real life. I said in turn that maybe if we started investigating Murders and rapes at this level everything would be half-assed. He then told me that if I swore onbe more time I would be arrested and to this I said, I would have gladly had this conversation in your office, you however chose the more public venue not I. He left and I said I would stay there until someone spoke to me.
I called up the Inspector General and told the Inspector General what was occurring and specifically stated I wanted Preston Felton to be listed as one of the people violating my rights.
While on the phone, the guard officer they assigned to me to make sure i didnt swear again so if i did he could arrest me, radiod up to Feltons Office and let them know what I was doing.
5 Minutes after sitting down I was greeted by the LT again as well as Felton. We sat in the lobby and we had our conversation. It was off the record which to be honest I don't care. They gave me three out of five of my contentions, but refuse to investigate whether Salatel did hit the car or not because they believe it cant be substantiated. The plan and I was given Feltons Word on this, is to make Salatel Re study Pursuit Proceedure and V&T Law. The IAB would contact Cairo and find out what the hold up on my daughters complaint is and get it moving.(This has yet to occure). And Officer Salatel is to refrain from harrassing me.
1 Week after this, Preston Felton resigned from his position.
Again his office called up IAB and sent an LT down to talk to me. The LT said the investigation was not going to be looked into or evaluated on its merrits as this is not CSI this is real life. I said in turn that maybe if we started investigating Murders and rapes at this level everything would be half-assed. He then told me that if I swore onbe more time I would be arrested and to this I said, I would have gladly had this conversation in your office, you however chose the more public venue not I. He left and I said I would stay there until someone spoke to me.
I called up the Inspector General and told the Inspector General what was occurring and specifically stated I wanted Preston Felton to be listed as one of the people violating my rights.
While on the phone, the guard officer they assigned to me to make sure i didnt swear again so if i did he could arrest me, radiod up to Feltons Office and let them know what I was doing.
5 Minutes after sitting down I was greeted by the LT again as well as Felton. We sat in the lobby and we had our conversation. It was off the record which to be honest I don't care. They gave me three out of five of my contentions, but refuse to investigate whether Salatel did hit the car or not because they believe it cant be substantiated. The plan and I was given Feltons Word on this, is to make Salatel Re study Pursuit Proceedure and V&T Law. The IAB would contact Cairo and find out what the hold up on my daughters complaint is and get it moving.(This has yet to occure). And Officer Salatel is to refrain from harrassing me.
1 Week after this, Preston Felton resigned from his position.
Tuesday, January 1, 2008
Perjury By a Cop in the Court of Law
Perjury In New York is Defined as Follows:
http://ypdcrime.com/penal.law/article210.htm
Officer Salatel swore under oath that my speed was less than 65 miles an hour. He stated this inorder for the criteria to be fulfilled for V&T 1120b which states that slow moving vehicles (going slower than the normal flow of traffic which is the speed posted) need to be in the right hand lane.
According to the Thruway Aurhority, the distance between exit 31 (Utica) and 23 (Albany) for which I drove the night in question is 91.1 Miles and takes 1 hour and 24 minutes. According to the New York State Thruway Authorities EZ Pass Data it took me 1 hour and 34 minutes to include the time that the vehicle in question was pulled over. Given that the Officer questioned me, then took the time to fill out the Ticket after running my liscence, how much time over 1 hour and 24 minutes could it have possibly taken me to drive? This goes to the assertion in court that I maintained that I was doing the Speed Limit at the time (65) as was cooberated by trooper Salatel's supervisor Sgt Dollard. Trooper Salatel committed perjury in court. I had alerted the judge in court and she did nothing. She didn't even want the evidence. I alerted Sgt Miserendino and he said again that he refuses to look into any perjury that the ticket was valid and not harrassment and that he hopes I have a good new year and I stop all this crap, in those words. I would stop all this "crap" if someone would get off their ass and do their job.
Update:
January 3, 2008
Mr. Joseph Oathout9 Highland Avenue, Apt. 7Catskill, NY 12414
Re: FOIL Request No. (F08-0001)
Dear Mr. Oathout:
In response to your Freedom of Information request of January 1, 2008, pleased be advised the Authority's video cameras record only in real-time and any preserved images are retained for a period of three days and destroyed. As such, there is no video footage pertaining to your request. Attached please find incident history details for four accidents which occurred between Mileposts 161 and 171 during August 2 * 5 of 2007.
As requested in your e-mail dated January 2, 2008, Exit 31 of the Thruway is located at Milepost 232.85.
Please be advised there is no reproduction fee for electronic responses.
At this time, your request is considered a closed file.
Sincerely,Jill B. WarnerRecords Access Officer.
According to testimony Salatel said he we could clearly see each other from mile post 167 to 166 for 1 mile. Given that exit 31 is located at mile post 233, there is a distance of 67 miles. Given that the easy pass data says that I entered at 7:30 and the ticket at mile post 166 says 8:30 which is exactly 1 hour you come up with a speed of 67 miles per hour. 67 miles per hour is not impeeding the normal flow of traffic and to assert such a claim is erronious and perjurous. The officer in question is lying and has been lying consistantly without any repercusions. This is unfair to me and the other citizens of this state who have suffered similar.
http://ypdcrime.com/penal.law/article210.htm
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| Perjury Proof |
Officer Salatel swore under oath that my speed was less than 65 miles an hour. He stated this inorder for the criteria to be fulfilled for V&T 1120b which states that slow moving vehicles (going slower than the normal flow of traffic which is the speed posted) need to be in the right hand lane.
According to the Thruway Aurhority, the distance between exit 31 (Utica) and 23 (Albany) for which I drove the night in question is 91.1 Miles and takes 1 hour and 24 minutes. According to the New York State Thruway Authorities EZ Pass Data it took me 1 hour and 34 minutes to include the time that the vehicle in question was pulled over. Given that the Officer questioned me, then took the time to fill out the Ticket after running my liscence, how much time over 1 hour and 24 minutes could it have possibly taken me to drive? This goes to the assertion in court that I maintained that I was doing the Speed Limit at the time (65) as was cooberated by trooper Salatel's supervisor Sgt Dollard. Trooper Salatel committed perjury in court. I had alerted the judge in court and she did nothing. She didn't even want the evidence. I alerted Sgt Miserendino and he said again that he refuses to look into any perjury that the ticket was valid and not harrassment and that he hopes I have a good new year and I stop all this crap, in those words. I would stop all this "crap" if someone would get off their ass and do their job.
Update:
January 3, 2008
Mr. Joseph Oathout9 Highland Avenue, Apt. 7Catskill, NY 12414
Re: FOIL Request No. (F08-0001)
Dear Mr. Oathout:
In response to your Freedom of Information request of January 1, 2008, pleased be advised the Authority's video cameras record only in real-time and any preserved images are retained for a period of three days and destroyed. As such, there is no video footage pertaining to your request. Attached please find incident history details for four accidents which occurred between Mileposts 161 and 171 during August 2 * 5 of 2007.
As requested in your e-mail dated January 2, 2008, Exit 31 of the Thruway is located at Milepost 232.85.
Please be advised there is no reproduction fee for electronic responses.
At this time, your request is considered a closed file.
Sincerely,Jill B. WarnerRecords Access Officer.
According to testimony Salatel said he we could clearly see each other from mile post 167 to 166 for 1 mile. Given that exit 31 is located at mile post 233, there is a distance of 67 miles. Given that the easy pass data says that I entered at 7:30 and the ticket at mile post 166 says 8:30 which is exactly 1 hour you come up with a speed of 67 miles per hour. 67 miles per hour is not impeeding the normal flow of traffic and to assert such a claim is erronious and perjurous. The officer in question is lying and has been lying consistantly without any repercusions. This is unfair to me and the other citizens of this state who have suffered similar.
Friday, December 21, 2007
Police Corruption : Called Up Troop T this Morning
I talked to Sgt. Miserendino about my 2nd IA complaint about how the second ticket the 1120b was harrassement for filing the first IA complaint. Sgt. Miserendino was present in court the night I was there probably in the course of his investigation and heard everything said. While on the stand Trooper Salatel admitted that 1: He lied on the ticket about what I said (thats perjury) 2: That Salatel stated he could not judge my speed while driving behind me after citing all his troop qualifications to do so and heard me bring up the radar and Salatel just shrugged and 3: That Salatel said he was in pursuit with no Turret Lights or Siren on in violation of police policy. 4: That the ticket was like the first and thereby a violation of my right against double jeapordy. Sgt. Miserendino denies he heard any of this and that none of it would be forewarded on his report. When I get a copy of the actual recording of the court hearing I will post it here for you all to listen to. When I say thats the Sgt. I talked to that was Sgt. Miserendino I pointed to.
Major Beach was moved a few days ago after IA finally looked at this blog. I was told that I can not know his whereabouts and so I am pushed onto another poor cop who had nothing to do with this. Seriously I feel bad for these guys that are being forced to get involved but I can only hope that one has Honor and a sense of duty and does the right thing. If not onto the list and the blog.
I once again called the DA and refiled the complaint as he is not returning my calls. Obviously maybe he is getting a little side knooky from the ADA and does not want to penalize her for any wrong doing. Well guess what, thats your damn job don't like it quit.
Major Beach was moved a few days ago after IA finally looked at this blog. I was told that I can not know his whereabouts and so I am pushed onto another poor cop who had nothing to do with this. Seriously I feel bad for these guys that are being forced to get involved but I can only hope that one has Honor and a sense of duty and does the right thing. If not onto the list and the blog.
I once again called the DA and refiled the complaint as he is not returning my calls. Obviously maybe he is getting a little side knooky from the ADA and does not want to penalize her for any wrong doing. Well guess what, thats your damn job don't like it quit.
Wednesday, December 19, 2007
Police Corruption : For those of you
For those of you who feel that police corruption is a serious issue i quote these following texts:
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government." - Declaration of Independence.
"Section 9
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."- Constitution
http://dictionary.reference.com/browse/Nobility
"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."- Bill of Rights.
The history of the present New York State Police is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these People. To prove this, let Facts be submitted to a candid world.
(I would ask that anyone who has a Grievance to display here to please email it to me to add)
1. That in the course of their duties, State Police often substantially violate vehicle and traffic laws without just cause and in violation of police policy and cause the motorists of this great state to fear for their lives and saftey constantly.
2. That with the power vested them they have abused that power consistently in a manner inappropriate their rank and station. Cases of evidentiary proof as follows:
a. State held responsible for injuries suffered by man falsely arrested in 1998 by state police. New York Law Journal September 26, 2005.
b. Lawsuit filed against state trooper who killed woman during a drug investigation in brooklyn. New York Post November 12 2003.
c.Ruling raps records policy as court questions longstanding State police Policy. Albany Times Union August 19 2007.
d. Fourth State trooper charged with Faking Evidence. Albany Times Union May 7 1993.
e. State Police probed by FBI drug trafficking, illegal gun sales other misconduct. Albany Times April 11 1994.
f. 1997 Trooper of the Year pleads guilty to bribery. The New York Times May 25 1999.
g. Disciplined Trooper gets bumped up to supervisor. Albany Times June 24 1997.
h. Ex trooper gets year for misconduct. Albany Times Jan 13 1993.
i. Officer demoted in Agenda arrest. Albany Times Union Jan 8 200.
j. Suspended trooper guilty of robbery. Albany Times Union Oct 22 1992.
k.Troopers sue bosses for misconduct. The Buffalo News June 24 1997.
l. Two ex state troopers charged with assualt. Lexington Herald Leader August 22 2007.
m. Trooper charged with stealing drugs. New York Times June 22 2007.
3. That the courts have bestowed upon them a title of nobility as assuming that the term officer grants that any words spoken from them are factual evidence when accordingly the united states constitution prohibits such titling. This creates an undo bias in our court systems and deprives the people of Due Process rights.
4. That in the course of their duties, Internal Affairs does not do their jobs properly in an attempt to hide facts and protect officers from being punished for violations of policy and laws. And that IA does not bestow a copy of that report to the civilian involved who should be bestowed a copy to promote fairness and equality in government.
5. That the Superintendant, as a public officer has a fudiciary resposability to the people, and in so shirking these duties has only acted as an accessory to the corrupt system of government that now lays before us.
6. That the people are held in a state of fear that the police will retaliate for filings of good faith complaints to the proper people for just cause.
We the People ask for redress. We ask our Government to investigate this situation and rectify it or to suffer the consequences of their actions as we the people tire of such inappropriate behavior by officials. The Government is For the People of the People, by the People.
I would ask for anyone who believes this to fill out: http://www.lawcollective.org/downloads/Misconduct%20Report.pdf
And Fax it to Govenor Spitzers Office attatching the Preeceding blog to it. The Fax # is 5184741513
then send a copy to Preston Feltons office at 5184857505 leaving your name off of it unsigned. I would suggest you do this from a public Fax service if you fear retaliation.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government." - Declaration of Independence.
"Section 9
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."- Constitution
http://dictionary.reference.com/browse/Nobility
"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."- Bill of Rights.
The history of the present New York State Police is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these People. To prove this, let Facts be submitted to a candid world.
(I would ask that anyone who has a Grievance to display here to please email it to me to add)
1. That in the course of their duties, State Police often substantially violate vehicle and traffic laws without just cause and in violation of police policy and cause the motorists of this great state to fear for their lives and saftey constantly.
2. That with the power vested them they have abused that power consistently in a manner inappropriate their rank and station. Cases of evidentiary proof as follows:
a. State held responsible for injuries suffered by man falsely arrested in 1998 by state police. New York Law Journal September 26, 2005.
b. Lawsuit filed against state trooper who killed woman during a drug investigation in brooklyn. New York Post November 12 2003.
c.Ruling raps records policy as court questions longstanding State police Policy. Albany Times Union August 19 2007.
d. Fourth State trooper charged with Faking Evidence. Albany Times Union May 7 1993.
e. State Police probed by FBI drug trafficking, illegal gun sales other misconduct. Albany Times April 11 1994.
f. 1997 Trooper of the Year pleads guilty to bribery. The New York Times May 25 1999.
g. Disciplined Trooper gets bumped up to supervisor. Albany Times June 24 1997.
h. Ex trooper gets year for misconduct. Albany Times Jan 13 1993.
i. Officer demoted in Agenda arrest. Albany Times Union Jan 8 200.
j. Suspended trooper guilty of robbery. Albany Times Union Oct 22 1992.
k.Troopers sue bosses for misconduct. The Buffalo News June 24 1997.
l. Two ex state troopers charged with assualt. Lexington Herald Leader August 22 2007.
m. Trooper charged with stealing drugs. New York Times June 22 2007.
3. That the courts have bestowed upon them a title of nobility as assuming that the term officer grants that any words spoken from them are factual evidence when accordingly the united states constitution prohibits such titling. This creates an undo bias in our court systems and deprives the people of Due Process rights.
4. That in the course of their duties, Internal Affairs does not do their jobs properly in an attempt to hide facts and protect officers from being punished for violations of policy and laws. And that IA does not bestow a copy of that report to the civilian involved who should be bestowed a copy to promote fairness and equality in government.
5. That the Superintendant, as a public officer has a fudiciary resposability to the people, and in so shirking these duties has only acted as an accessory to the corrupt system of government that now lays before us.
6. That the people are held in a state of fear that the police will retaliate for filings of good faith complaints to the proper people for just cause.
We the People ask for redress. We ask our Government to investigate this situation and rectify it or to suffer the consequences of their actions as we the people tire of such inappropriate behavior by officials. The Government is For the People of the People, by the People.
I would ask for anyone who believes this to fill out: http://www.lawcollective.org/downloads/Misconduct%20Report.pdf
And Fax it to Govenor Spitzers Office attatching the Preeceding blog to it. The Fax # is 5184741513
then send a copy to Preston Feltons office at 5184857505 leaving your name off of it unsigned. I would suggest you do this from a public Fax service if you fear retaliation.
Monday, December 17, 2007
Police Corruption : The First Day of the Rest of my Life
I start today with going to my daughters award cerimony. She's just like her dad. I cant be any prouder.
After her cerimony, I am driving up to protest in front of the State Police Headquarters. Maybe I will get arrested I dunno. But bad things wont change if you sit on your butt and wait for it. The call to action is now. Tyrany was ended in the 1700's and having it back is like spitting on the sacrifices made by the people for this system of government through the years. Maybe just maybe it will take me geting sick and dying out there for someone to notice I was telling the truth and things will change, or maybe the people of New York might see me on tv or in the paper and say Gosh ya that dudes right? Its not just about me any more but the greater good, and i do it for victoria so when she is my age that things will be better. A father can only hope and pray so.
Update: Because of the weather Victoria's award cerimony was postponed again. I went up to protest in front of Felton's Office. I was not dressed for the part as I had icicles hanging off of me after an hour and my eyes were frozen shut. Though I am thankful as I met a good cop...the kind I'm saying we need more of. He got in an accident with a college kid right infront of me and they did everything they could to help the kid out. They didn't throw blame on the kid and they didn't issue any stupid god damn tickets to cover up the fact of the officers ineptness like Salatel did. This cop is the kind of cop that inspires civilians not makes them abhore the system. A final note to this is there is a ying and a yang to everything. But the yang is getting bigger and more predominate in society then the ying. we have to have a balance or there will be chaos.
Things need to change.
After her cerimony, I am driving up to protest in front of the State Police Headquarters. Maybe I will get arrested I dunno. But bad things wont change if you sit on your butt and wait for it. The call to action is now. Tyrany was ended in the 1700's and having it back is like spitting on the sacrifices made by the people for this system of government through the years. Maybe just maybe it will take me geting sick and dying out there for someone to notice I was telling the truth and things will change, or maybe the people of New York might see me on tv or in the paper and say Gosh ya that dudes right? Its not just about me any more but the greater good, and i do it for victoria so when she is my age that things will be better. A father can only hope and pray so.
Update: Because of the weather Victoria's award cerimony was postponed again. I went up to protest in front of Felton's Office. I was not dressed for the part as I had icicles hanging off of me after an hour and my eyes were frozen shut. Though I am thankful as I met a good cop...the kind I'm saying we need more of. He got in an accident with a college kid right infront of me and they did everything they could to help the kid out. They didn't throw blame on the kid and they didn't issue any stupid god damn tickets to cover up the fact of the officers ineptness like Salatel did. This cop is the kind of cop that inspires civilians not makes them abhore the system. A final note to this is there is a ying and a yang to everything. But the yang is getting bigger and more predominate in society then the ying. we have to have a balance or there will be chaos.
Things need to change.
Friday, December 14, 2007
Police Corruption : Some of My older blogs on these issues
Here is a link to some of my older blogs and info on these issues.
http://www.thoughts.com/stopvotingforstupidpeople
http://www.nyc.gov/html/ccpc/html/home/home.shtml
http://www.nyc.gov/html/ccpc/html/home/home.shtml
http://www.usdoj.gov/crt/split/documents/polmis.htm
http://www.drugwarfacts.org/corrupt.htm
http://www.wiu.edu/library/govpubs/guides/policem.htm
http://www.killpolice.com/blog/category/police-corruption/
http://www.iejs.com/Policing/police_corruption.htm
http://en.wikipedia.org/wiki/Police_corruption
http://www.goodbadcorrupt.com/
http://michaelbluejay.com/police/
http://policewatch.us/system/list.php?c=new_york
http://www.cyberessays.com/Politics/141.htm
http://hyperreal.org/misconduct/
http://www.thoughts.com/stopvotingforstupidpeople
http://www.nyc.gov/html/ccpc/html/home/home.shtml
http://www.nyc.gov/html/ccpc/html/home/home.shtml
http://www.usdoj.gov/crt/split/documents/polmis.htm
http://www.drugwarfacts.org/corrupt.htm
http://www.wiu.edu/library/govpubs/guides/policem.htm
http://www.killpolice.com/blog/category/police-corruption/
http://www.iejs.com/Policing/police_corruption.htm
http://en.wikipedia.org/wiki/Police_corruption
http://www.goodbadcorrupt.com/
http://michaelbluejay.com/police/
http://policewatch.us/system/list.php?c=new_york
http://www.cyberessays.com/Politics/141.htm
http://hyperreal.org/misconduct/
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