The short answer is “No.”  But then again, is any government activity “Christian?”  The answer is that any government intervention is, unfortunately, not Christian.  It is all secular.  So, when you ask yourself whether suing someone is the “Christian” thing to do, consider this, is anything government does, “the Christian thing?”

The primary reason for positing this question is the fact that we all have suffered a great loss here in the Gulf Coast region.  Each person that lives, owns property, works, or even plays here at the Gulf of Mexico has suffered a tremendous loss.  So, many of my friends and relatives are hesitant to make a claim for their loss.  They ask whether it would be right to sue, or whether it is the Christian thing to do.  For any of you who feels hesitant, like my friends and family, allow me to lay your concerns to rest.

Jesus said, “If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector.” Matthew ch. 18, 15-17.  This is Jesus’ way of letting people know that a court of law is the last place you want to be.  Do everything you can to avoid putting a dispute in the hands of the Government.

Doing everything you can do is simply not enough sometimes.  Sometimes, there are circumstances that require Court-Ordered intervention.  For instance, when DeepWater Horizon and BP’s oil drilling platform erupted causing the Gulf of Mexico to become a giant oil slick, and BP dumped millions of gallons of Corexit toxic waste on top of the mess to cause the oil to lose boyancy and sink, millions of people lost their livelihoods with no recourse.  BP set up claims adjusters to pay any “legitimate” claim up to $6000.

Perhaps your entire life can be settled legitimately for under $6000.  For the rest of us on the Gulf Coast, we must resort to other means.  Many of us have “legitimate” claims that must be brought to court.  Many of us require a judge to proctor our trial before a jury of our peers, who will be needed to determine what is a fair value of what the disaster has cost us.  For those of us that require an objective view of our loss, we must consider redress of our grievance to a court of law.  Justice requires it.

For anyone that has suffered a loss of income and a loss of their livelihood to the BP Oil Spill, contact us.  We, along with our affiliated network of trial lawyers, some of the best in the country, are helping our clients reach the maximum settlements for their loss.  We can weather this storm, but we must remain vigilant and hold accountable those who caused this man-made disaster.

Police have a duty to investigate crimes and catch criminals.  But what happens when they see their responsibility as that of the prosecutor or judge?  In many cases, officers find themselves catching a defendant, accusing the person of the wrongdoing, and charging the person with the highest possible crime (felony or misdemeanor), in order to make a reasonable criminal charge seem more digestible.  Such a technique is becoming more the norm, rather than the exception.

Yesterday, our office received a call from a Spring Break vacationer, charged with Burglary.  He had been out on Panama City Beach drinking all day, only to find himself locked out of his hotel room.  He went into what he thought was the lobby of the hotel, when it was actually the adjacent business.  He waited for someone to come to the counter to assist him, but nobody came to help.  He observed some loose change lying around, and he helped himself to a handful of change to go across the street for some beer.

In this person’s defense, being locked out of your hotel room with no money, when all you want is another beer, can be a frustrating experience for our Spring Break crowd at the beach.  So our client heads to the store with his new found windfall, only to be arrested for grabbing the change.  Apparently someone in the place saw him take the money.  Our young friend is charged with taking the nearly $20, and is subsequently taken to jail.

Although, most would find this funny, this young man is hardly laughing.  He is charged with Burglary for his mischief, and now faces 5 years in prison.  Justice would have been better served if a charge of Petit Theft had been lodged against him, but because Police are conditioned to charge a higher level crime, knowing the likelihood of a plea negotiation, even a foolish drunken moment can have serious consequences.

When accused of something seemingly simple, or even almost innocent by a police officer, remaining silent and calling an attorney are always advised.  You will be glad you did.

Ever wonder why you pay taxes ’til it hurts, and others pay nothing?  It’s simple, because we are complacent about the law.  That’s right, we are not required to pay taxes that others are exempt from paying, according the the United States Constitution.

Article 1, Section 8 states, “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be UNIFORM throughout the United States.”

Can it be any clearer?  When I was in the military, we wore uniforms, and no one was exempt.  The uniform consisted of the exact same dress code for every single soldier, without exception.  Sure some didn’t take as much pride in the polish of their boots, or the grooming of their hair, but they would not dare attempt to unilaterally disregard the uniform of the day.  It applied to all of us, from the commander to the lowest ranking soldier.  It was a uniform.

So the definition of the word, uniform, is not in question, but the application may be.  There are only two ways to apply taxes uniformly to individuals, by the same amount every year or the same percentage.  Since the first method is prohibited by Article 1, Section 9, which says,  ” No capitation, or other direct, Tax shall be laid…,” which is based on a head-count, there is only one method left, the percentage method.

This last remaining method of taxation allowed under the U.S. Constitution, the uniform percentage method, requires every taxable entity to pay an equal percentage.  To do this, there are two further break-downs to consider, whether to tax income or expenditures, or both.  Either way is legal, and both, combined, would be legal.  The first method would allow the IRS to continue to exist, and the latter nearly eliminates any need for harassment of individuals or businesses.

People are consistently being harassed by tax collectors at alarming rates as economic times become ever increasingly difficult.  We are all just one accusation away from being incarcerated.  Our tax system needs to be reformed to operate within Constitutional boundaries.

For a further discussion of a Constitutional method of taxation, log on to www.fairtax.org. Call your Representative today, and tell them to apply the Constitution to all of our laws, not just the ones that get them elected by their constituency.  It has become politically expedient to tell the voters that, “If elected, I’m going to steal from someone else and give it to you.”  Call your representative today!

Let’s Party!  And I don’t mean the keg stand, beer pong, hold your girlfriend’s hair while she throws up kind of party.  I’m talking about a new concept sweeping this country that people call the Tea Party.  In most cases it has no headquarters, no hierarchy of officials, or a national convention.  It’s a movement based primarily on the frustration building in citizens around the country about a government believed to be out of control. The originator, is, I believe, one Samuel Adams.  He opposed taxation without representation. The watchword of the new Tea Partiers is “Taxed Enough Already.”

For those of you wondering what the Tea Party is all about, allow me to explain.  For anyone who has ever felt the frustration of paying extremely high property taxes during a period of unemployment, you are a Tea Partier.  If you feel that nationalized healthcare resembles something closer to the Kremlin’s policy, rather than a good idea for America, you are a Tea Partier.  If you have ever felt that the powers enumerated to Congress do not include saddling your grandchildren with debt that their grandkids cannot even begin to pay, you are a Tea Partier.  If you think that random checks on your bank accounts by the IRS are intrusive violations of your right to privacy, you are a Tea Partier.  If you think that a traffic light taking a picture of your license tag, presented as the only proof charging you with a crime, violates the Confrontation Clause, you are a Tea Partier.  If you think this country no longer resembles the country you grew up in, and you are afraid it may never be that wonderful place again, you are a Tea Partier.

The good news is this, the modern tea party movement started in places like Panama City, Florida.  People like Derrell Day, who was the first President of the Bay Patriots, helped start a movement that has spread like wildfire across this still great nation.  The Patriots’ message was simple, “Read the US Constitution.”  What a concept?!?  People all over the country started reading a simple document that set the foundation for a great nation.  It has truly passed the test of time!

Now that the US Congress has formed a Tea Party Caucus, the establishment in Washington is getting nervous, as well they should.  The Ruling Elite is thinking to themselves that the gravy train of goodies may be nearing its end.  The lavish lifestyles supported with a seeming endless supply of tax dollars might become a thing of the past.  Austerity awaits D.C.’s Ruling Class. Say it ain’t so!  Not yet, it isn’t.  However, if accountability becomes the new chic, and frugal parties with self parked cars and cash bars, where a drunk is even held accountable for paying for his or her own bar bill and traffic tickets, look out! The jig is up.

So for those of you that have found yourselves feeling more and more irritated with a Ruling Class that is so completely detached from the realities you and I face every day, then you are not alone.  You have millions of partners in solidarity demanding a return to the constitutional principles upon which this country was built.  You have a voice right here in Bay County, and his name is Derrell Day.  Don’t get mad, voice your frustration with all those career politicians on Aug. 24, at the primaries.  Nothing says we’re taking back this country better than electing one of the people that helped get this party started.

Sincerely,

William B. Price

Sometimes they really are out to get you.

A few weeks ago I represented a gentleman by the name of Frank Valencia, who was accused of DUI.  Mr. Valencia was found on the side of the road trying to call a tow truck to get his wrecked pick-up truck out of a ditch.  Nobody saw Mr. Valencia driving, and therefore the Bay County Sheriff’s Deputy that found him on the side of the road trying to use his phone determined that it was best to let Mr. Valencia go home with his friends who pulled up behind the Sheriff’s vehicle shortly thereafter.

Florida Highway Patrol arrived a few minutes later and dismissed everyone from the scene, except Frank.  The trooper took no statements and gave Mr. Valencia some field sobriety exercises to perform, and determined he was intoxicated.  Mr. Valencia also agreed to give a breath sample, but maintained that he was not the driver of the truck when it crashed.  Nevertheless, he was charged with DUI.

At trial, the SAO brought a Panama City Police Officer to the witness stand that said Mr. Valencia made an “excited utterance” that he was driving the vehicle when it was wrecked, and that he was intoxicated.  No Panama City Police officers made any reports in this case.  All other witnesses on the scene testified that the only other Law Enforcement on scene was a Sheriff’s Deputy, who left upon request by Fla. Highway Patrol.

The jury did not believe the Panama City Police Officer, apparently.  Mr. Valencia was acquitted.

The following week, Mr. Valencia had another charge dismissed for allegedly driving while his driver’s license was suspended or revoked.  He had been pulled over by a Parker Police Officer on November 2, 2009, and ticketed for driving without a license, although he had a valid temporary permit from the Department of Motor Vehicles.  Not satisfied with the unsuccessful attempts to prosecute a man that had apparently broken no traffic laws, the state files an information on July 8, 2010, on his violation of license restrictions for his Nov. 2, 2009, crime caper.  Ostensibly, the theory will be that the DMV only issues “Business Purpose” permits, and therefore evidence will be presented that he wasn’t engaged in business.  Their efforts will again prove unsuccessful.

Frank Valencia is a small business owner struggling with responsibilities and debt like many others in this area.  He is a regular guy, who has never been in trouble in his life.  The problem is simple; he defied the government’s authority.  He has refused to sign any plea deals, maintained his innocence, and now will argue those annoying Rules of Criminal Procedure that require a misdemeanor information to be filed within 90 days of the date of arrest, not eight months later on an uncharged offense.

As conditions deteriorate, it seems to be an ever increasing situation of “Us vs. Them.”

No, it’s not the Eighties’ film with John Cusack that you were thinking of.   In this case, I am referring to a girl named Kelly Holley, who was viciously shot last year by an ex-boyfriend named Jeremiah Cuomo.  The case revolved around a not-so-impressive ex-boyfriend, who simply refused to go away.  When Kelly Holley broke up with Jeremiah Cuomo after a brief dating relationship, Cuomo sent Holley a parting gift by shooting her in the back.   Holley would recover for the most part, but the prosecution of this case was slightly more remarkable.

Kelly Holley was a pretty waitress working her way through school at O’Charley’s restaurant in Panama City, Florida.  Jeremiah Cuomo was a young man with few prospects, a couple of criminal convictions, and a bad-boy attitude, who met Holley while working at the same restaurant.  As with many naive young ladies, Holley got involved with Cuomo without knowing much about him.  Although Cuomo liked having a bad-boy persona, he did not tell his new girlfriend about his criminal history.  The two dated awhile, but eventually drifted apart… or so Holley thought.

After breaking up with Holley, Cuomo became obsessed with her whereabouts and goings on.  Although Cuomo quit his job at O’Charley’s shortly after he began dating Holley, he would often come by her work to attempt reconciling the relationship with her.  Having only dated for a few months, Holley found the constant approaches to be nothing less than stalking.  She considered taking out a Temporary Restraining Order, but did not have the proof needed for such action.  She avoided places that Cuomo would frequent.  She attempted changing friends.  Nothing worked.

One night, at a friend’s house in a quiet neighborhood in Lynn Haven, Kelly was hanging out with a group of people.  Cuomo, who routinely contacted as many people as possible to locate Kelly, tracked her down to this house in the Derby Woods subdivision.  A brazen young man, Cuomo greeted a man walking his dog on the street where the house was located where Kelly and her friends were hanging out.  Cuomo politely chatted with the man, but concealed a pistol under his shirt.  After the man walking his dog disappeared around a corner, Cuomo double backed down the street to the house to try to find Kelly.

While Cuomo watched, Kelly and her friends drank and had fun.  As the night progressed, Kelly and a new love interest, began hugging and kissing.  This was what Cuomo seemed to be waiting for.  He readied his aim, waited for Kelly to turn her back toward him, and he fired a shot straight through her back.  Amazingly, it only hit her, and missed all vital organs.

As Jeremiah raced away, the man walking his dog recognized the car.  Having heard the gunshot, and having seen the car racing away, the man called 911 for help.  Bay County Sheriff’s Deputies came quickly, took the description of the car and Cuomo (having been identified by one of Kelly’s friends as a person that might want to harm her), and put out a BOLO for Cuomo.  He was picked up a few miles away.

Cuomo refused to talk with deputies, but met with his mother in a room at the Sheriff’s Office, where he was recorded making admissions to the crime.  Cuomo’s attorney moved to suppress all evidence seized, including the admissions made to his mother, which would leave the state with virtually nothing upon which to prosecute the case.  Judge Dede Costello ruled in Cuomo’s favor.  She reasoned that any evidence, including Cuomo himself, seized after the BOLO was put out, was the fruit of a poisonous tree.  The description the man walking the dog gave, and the description of the car Cuomo drove, were not sufficient enough to arrest Cuomo, according to the court.

Currently, the order of the court is being reviewed in Tallahassee at the First District Court of Appeals.  Kelly Holley awaits justice, but feels as if she would only have been taken seriously as a victim if Cuomo had actually killed her.  In that respect she probably would be better off dead!

Public trust is a fleeting commodity today.  From the White House to our local law enforcement, greed and selfish desires have a way of ferreting under the wire and finding safe harbor in sacred positions of trust.  Recently a woman reported to Bay County officials that a friend of hers was picked up by a Bay County Sheriff’s Deputy and forced to have sex with him against her will.  The victim is reported to have come forward reluctantly to admit that she did tell people the story about the Deputy, but she was not the only one.  Another woman in Panama City Beach has alleged the same thing.

In a recent story published in the Panama City Newsherald, Deputy Ben Logue is alleged to have raped a couple of women using his badge and gun to carry out the crime.  Not so, says his attorney, but that’s exactly what the lawyer is paid to do; deny, delay, and pray for inconsistent testimony.

The real crime in this situation is the lack of public outcry over this matter.  The shame of the accusations that a trusted public servant used his position and gun to commit a traditionally capital offense (at Common Law rape is punishable by death), is that such an accusation is fairly common these days.  Although many in the community in Bay County, Florida, are utterly shocked that the accused was who the women say he was, the accusation is not terribly outrageous to most.  Some say, “It’s expected that a few bad apples are everywhere, even in law enforcement.”  That’s completely unacceptable!

Recently, a prosecutor told me about his primary law enforcement witness in a criminal case, that his witness simply did not have the truth “in him.”  However, when testifying, the Deputy was proven to have been mistaken about his testimony to the extent that perjury seemed evident.  The judge allowed the testimony, and the case proceeded without sanctions against the officer.  The problem, as the Court determined, was that perjured testimony from law enforcement was just too common or difficult to prove.  If the “choose your battles” argument keeps the system from confronting every single liar with accountability, our flaws will persist and grow even larger.

A Rudy Juliani approach to public officials is the only solution.  Our children should have the opportunity to experience shock over such a violation of public sanctity.  Complacency over a few kickbacks here and a few untruths there, allows the evil to ferret in and take refuge among us.  Vigilant and strict accountability must become the new normal.  This Fourth of July, be a good citizen, and call your Mayor, Commissioner, Police Chief, Governor, Congressman, or even the White House, and ask where all that money, material, manpower, or anything went.  Ask, because it is YOUR STUFF!  The office is YOUR OFFICE!  This is YOUR COUNTRY!  And God Bless it!

For a link to the Panama City Newsherald story, click below:

?http://www.newsherald.com/news/lynn-85044-bcso-rape.html

Most people do not show much interest in the confirmation of a Supreme Court Justice. Many more Americans follow the eleven players on the football field at their favorite NFL Stadium than they do the confirmation hearings of one of the nine Supreme Court Justices. I grew up no differently.  I was a big Dallas Cowboys fan.  But I put away those notions of my childhood long enough to realize that the world goes round without regard to which team scores touchdowns.  Consider this, the Supreme Court is made up of nine people that decide cases as important as who gets to buy guns, how elections for public office are run (and therefore which candidate becomes President, as in the year 2000), whether women have the right to have abortions, or whether 100 million babies are killed, whichever side you might be on that argument.  These things are far more important than most Americans appreciate, and yet, most do not care that Elena Kagan is projected to slide into the seat next to the justices that may decide an issue that means life or death for them or someone close to them.

If you read this, consider that most 25 year old new law school graduates at any given prosecutor’s office around America have more trial experience than the next Supreme Court Justice.  That’s right, the next Supreme Court Justice has never tried a case to a jury.  She has probably read about it many times, but will be Monday Morning Quarterbacking cases from all over this Great Nation having never actually been there herself.  Alarming?  Apparently not to most Americans.

How about this: Prior to her current position as Solicitor General, she served as the Dean of Harvard’s Law School.  As dean of one of America’s most exclusive legal educational institutions, full of legal scholars that have sworn to uphold the United States Constitution, she kicked United States Military recruiters off her campus.  The very people that actually risk their lives defending the Constitution are rejected by the academics that study it.  The reason given for the abolishment of servicemen and women from Harvard’s campus was a protest of the policy under which those men and women served in the Military, which was called the “Don’t Ask, Don’t Tell” policy requiring homosexuality to be a private matter, not discussed by servicepeople.  The Soldiers and Sailors banned from her campus had no more to do with making that policy, than they had to do with the color of the uniform they wore.  But they were not welcome there at Kagan’s ivy tower of elitist ideals.  Is that the kind of person we want sitting  on our highest court deciding how we live and die?

We have a responsibility to ourselves to pay attention to our leaders and the policies they will force down our throats.  People that treat our Military with disdain are no different than the spoiled rich brats we knew growing up that had everything, and continued to treat their parents like second class servants who could do nothing right.  Those children were embarrassing growing up, and they are embarrassing in government offices.  We should be ashamed of ourselves.

Panama City Pharmacist, Ismail Mohamed, has been recently arrested on drug related charges, but is not being prosecuted in the usual manner.  The case has become the center of great controversy, as Mr. Mohamed has not only been accused of a crime, but the Sheriff and the State Attorney have embarked to seize his entire business in a civil action.  Although forfeiture actions happen all the time in Bay County, never has a civil action been used to steal a citizen’s property prior to a conviction.  This action, known as an injunction, circumvents a citizen’s right to trial and due process guaranteed by the 5th amendment.  The 5th Amendment of the US Constitution states:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Although Judge McClellan will have the final say on the matter, it seems that a trial on whether there was any criminal liability should at least have an opportunity to proceed, first.  The Hearing was held Friday afternoon, on June 25, 2010.  We will patiently await the Judge’s ruling, and hope that the court will find merit in patiently granting the defendant his 5th amendment procedural due process rights.

For a complete copy of the United States Constitution to begin a study of your rights under the law, log on to www.usconstitution.net.