Law "entirely symbolic," but Boulder County DA says he's paying attention to public sentiment

Nederland became the second municipality in Colorado to legalize marijuana within its borders on Tuesday night.

The mountain town's residents went further than Breckenridge, which last year legalized possession of less than one ounce of marijuana, and by a vote of 259 to 218, removed all criminal penalties against buying, selling, possessing, consuming, growing and transporting marijuana for anyone age 21 or older.

Nederland voters also chose Trustee Sumaya Abu-Haidar to replace incumbent Mayor Martin Cheshes, making Cheshes the fourth mayor in a row to not win re-election.

Marci Wheelock, appointed to fill a vacancy just a few months ago, won election to her seat, along with newcomers Kevin Mueller, Chris Perret and Rob Joseph. When a new trustee is appointed to fill the vacancy left by Abu-Haidar, that makes for four new faces on the six-member Board of Trustees.

Boulder County law enforcement officials said the marijuana vote was largely meaningless because state laws against the non-medical use of marijuana remain in effect.

“The issues we focus on are drug-dealing and trafficking, and we don't get very many cases like that involving marijuana,” Boulder County District Attorney Stan Garnett said.

Boulder County Sheriff Joe Pelle, whose deputies work closely with Nederland town police, said his department enforces state, not local, laws.

“Marijuana enforcement for small quantities and personal use is not a priority for our department or for our community, but we'll continue to investigate and enforce trafficking," he said.

For "Michigan Mike" Torpie, who gathered the signatures to put the issue on the ballot, such distinctions miss the point.

"It's entirely symbolic, but it gets people's voice out there,” he said. “As more and more communities do this, it sends a message to the state legislature that people believe this to be largely harmless."

Garnett agreed about the political ramifications.

“I'll pay attention if it passes,” he said Tuesday afternoon, before the votes were counted. “Marijuana enforcement is a sensitive issue, and it's important to gauge public sentiment.”

Abu-Haidar, the mayor-elect, said she favors decriminalization of marijuana, but she thinks the initiative was a bad idea.

"We don't need to take this on at a local level,” she said. “We're a statutory town, so we're still bound by state laws. We have more important things to worry about.”

Melanie Dougherty, a stay-at-home mother of two who voted to decriminalize marijuana, said she knows overturning local laws won't change anything, but she still wanted to vote her conscience.

"I just don't like all the hoopla around it," she said after voting. "What people do in their own homes is their own business."

Town Clerk Christi Icenogle said turn-out was high, with 482 people out of a population of a little more than 1,300 people voting. Votes were counted by hand, and results were not released until after midnight.

Abu-Haidar, a stay-at-home mother of two, said that as mayor she would focus on maintaining a positive vision for Nederland, promoting economic development and encouraging cooperation between various entities in the town.

She also said she'd be a more consistent presence on the board than Cheshes, a retired diplomat who has had several extended absences, one related to his wife's health and two others related to brief returns to foreign service.

IF YOU SEARCH FOR "Sumaya Abu-Haidar", YOU WILL SEE SHE IS A WEALTHY BENEFACTOR TO THE DEMOCRATS WITH HEALTHY DONATIONS TO THEIR CANDIDATES! IF YOU KNOW ANYTHING ABOUT HER - E-MAIL ME AT THE ADDRESS IN THE HEADER. PUT "POT" IN THE SUBJECT LINE OR I WILL IGNORE.

"HELL, I WAS VACATIONING ON THE RIVERIA WITH MY BILLIONAIRE COAL MINE OWNER BUDDY; WHO SAYS I MIGHT SHOW ANY FAVORITISM TOWARDS HIS COMPANY IN A $70 MILLION DOLLAR LAW SUIT BEFORE THE SUPREME COURT OF WEST VIRGINIA THAT DON BLANKENSHIP SPENT MILLIONS TO GET ME ELECTED TO - WE JUST DON'T LIKE THE WAY YA'LL DO IT UP NORTH!"

Massey Energy Bought Workers Comp Insurance Coverage Shortly Before Mine Explosion

Massey Energy Corp., owner of the Upper Big Branch Mine in West Virginia where at least 25 miners were killed April 5 in a methane gas explosion, apparently arranged for and purchased disability compensation insurance coverage only a month before the disaster, according to one source with inside knowledge about the company’s risk management operations.

Prior to that, the company, known for its aggressive challenges to workers’ comp claims, was self-insured for workers compensation.

But given the number of safety violations at its mines--there were 53 in March alone, 495 in 2009 and 1300 since 2005, at just the Upper Big Branch Mine, and 2,074 over the past year at other mines owned by Massey across the Appalachian region--perhaps the money spent buying insurance to cover workers’ injury claims might have been better spent fixing chronic problems with methane gas build-ups in the mine. Then again, maybe the company felt that violation citations were no big deal--it has reportedly challenged two out of three instead of fixing them as a matter of course.

The company certainly has not shown particularly good judgement when it comes to its insurance decisions. Last year, despite noting in its annual report that its operations were “subject to certain events and conditions that could disrupt operations, including fires and explosions,” Massey Energy decided not to purchase business interruption insurance, according to Business Week magazine. With some analysts suggesting that the accident at the big West Virginia mine, where metalurgical coal used in the production of steel is extracted, could lead to a shutdown of that mine, and to a nearly 50% loss in overall corporate earnings this year, that decision could prove costly to Massey investors. The ratings agency Standard & Poors earlier this week placed the company, which already sports a junk-bond-level BB- credit rating, on watch for a downgrade, citing lost production, the “workers’ compensation liability and any impact potential lawsuits brought against the company may have.”

The accident could also prove costly for Massey CEO Don Blankenship, who only recently had the performance pay portion of his compensation package upped significantly by the company’s board of directors from $900,000 in 2009 to $1.5 million for 2010 and 2011. Blankenship reportedly would also be in line to receive 81,500 Massey shares if certain performance targets are met for the year, and another 32,250 shares if a second set of targets are met. Among the performance areas considered are financial results, sales volume, and safety performance, all of which are likely to be problematic this year in the wake of the West Virginia disaster.

Blankenship, a local boy who made good and became the first non Massey family member to head the giant mining firm, has been aggressively anti-union, as has the entire company. A bitter strike by the United Mineworkers in 1984-85, in which the company, backed by the Reagan administration, brought in scab workers and hired private armed guards backed by West Virginia State Troopers to harass and intimidate unionized workers, lead to a breaking of the union at the company, which is now largely non-union, and across the country.

A call to Massey asking for comment had gone unanswered as of this posting.

West Virginia Mine Explosion: CEO Tried To "Buy" Supreme Court Judge

Posted by Brett Emison

Since the tragic Montcoal, West Virginia coal mine explosion, the world has learned a lot more about Don Blankenship, the CEO of mining giant Massey Energy, Co. What you might not know is that Don Blankenship tried to "buy" a West Virginia Supreme Court judge in 2004. It's a story that great novels are made of -- literally. Don Blankenship's attempt to "buy" a supreme court judge was the basis for John Grisham's novel, The Appeal.

In 2004, Blankenship threatened to shoot and then physically assaulted an ABC reporter attempting to interview him about the case.

In 2004, [Blankenship] spent millions on advertising that attacked a West Virginia state Supreme Court justice, leading to the election of challenger Brent Benjamin.

Massey had a $70 million case before the state Supreme Court and, once elected, Benjamin made the controversial decision not to recuse himself because of Blankenship's support of him and to hear arguments anyway. Another member of the court hearing the case was Chief Justice Elliott "Spike" Maynard. He later recused himself after photographs surfaced showing that he vacationed with Blankenship in the French Riviera.

When an ABC News reporter tried to interview Blankenship about the possible conflicts in the parking lot of a Massey Energy office in Belfry, Ky., Blankenship became agitated.

"If you're going to start taking pictures of me, you're liable to get shot," Blankenship told the reporter before grabbing his camera.

Blankenship later told the Charleston Daily Mail he couldn't recall making any threats. "Quite frankly, I don't know what I said except that I know I'm never loud, vulgar or rude to strangers," he said.

The conflicts surrounding the state Supreme Court saga triggered a cascade of changes, including a U.S. Supreme Court ruling that called on judges to recuse themselves when major donors come before them in court, and a vote by the West Virginia legislature to adopt public financing of judicial campaigns.

In Caperton v. A.T. Massey Coal Company, a Don Blankenship, through his company, Massey Energy, tried to buy the vote of a Supreme Court judge after it received a verdict against it at the trial court level.

In Caperton, a West Virginia jury found the Massey Coal Company liable for fraudulent misrepresentation, concealment and tortious interference with contract in this corporate litigation lawsuit and awarded Caperton $50 million in damages. After the award, West Virginia held its 2004 judicial elections.

Knowing the State Supreme Court of Appeals would consider the appeal, Massey's chairman supported the challenger -- Brent Benjamin -- rather than the incumbent justice seeking reelection.

Massey's $3 million in contributions to Benjamin exceeded the total amount spent by all other Benjamin supporters and by Benjamin's own committee.

Benjamin won by fewer than 50,000 votes and then heard Massey's appeal of the $50 million verdict against it. Newly elected Justice Benjamin was the deciding vote overturning the verdict.

The United States Supreme Court narrowly held that Justice Benjamin should have recused himself and not heard the appeal because "the probability of actual bias on the part of the judge or decisionmaker [was] too high to be constitutionally tolerable."

However, the Court provided little - if any - guidance as to an actual standard for when recusal is constitutionally required. Rather, its said merely that the question was whether, "under a realistic appraisal of psychological tendencies and human weakness," the interest "poses such a risk of actual bias or prejudgment that the practice must be forbidden in the guarantee of due process is to be adequately implemented."

There is a serious risk of actual bias when a person with a personal state in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge's election campaign when the case was pending or imminent. The proper inquiry centers on the contribution's relative size in comparison to the total amount contributed to the campaign, the total amount spent in the election, and the apparent effect of the contribution on the outcome. It is not whether the contributions were a necessary and sufficient cause of Benjamin's victory. In an election decided by fewer than 50,0000 votes, [Massey's] campaign contributions - compared to the total amount contributed to the campaign, as well as the total amount spent in the election - had a significant and disproportionate influence on the outcome. And the risk that [Massey's] influence engendered actual bias is sufficiently substantial that it "must be forbidden if the guarantee of due process is to be adequately implemented. [citation omitted] The temporal relationship between the campaign contributions, the justice's election, and the pendency of the case is also critical, for it was reasonably foreseeable that the pending case would be before the newly elected justice.

***

[T]here was here a serious, objective risk of actual bias that required Justice Benjamin's recusal.

Remarkably, four Supreme Court justices dissented, essentially finding that paying $3 million to purchase a hand-picked West Virginia Supreme Court justice to overturn a negative verdict is constitutionally acceptable. In fact, Justice Roberts disagreed that Massey's conduct was even an "extreme case."

You can learn more about safety-related issues at our safety blog and become a fan of Langdon & Emison on Facebook.

Find this article at:
http://kansascity.injuryboard.com/wrongful-death/west-virginia-mine-explosion-ceo-tried-to-buy-supreme-court-judge.aspx?googleid=280122 (c) 2010 InjuryBoard.com

GLOBAL CASH ADVANCE CORNERS THE MARKET!
http://www.lasvegassun.com/news/2010/mar/23/casino-atm-company-sues-its-founders-former-employ/
CATHOLIC PERVERTS PREY ON THE MOST VULNERABLE!
http://www.pennlive.com/midstate/index.ssf/2010/01/scranton_catholic_schools_supe.html
http://gawker.com/5506599/best-new-catholic-church-defense-its-not-pedophilia-if-the-boys-were-post%20pubescent?skyline=true&s=i
http://www.stltoday.com/stltoday/news/stories.nsf/laworder/story/7288285BEE562E28862576F800079918?OpenDocument
http://www.hiddenfromhistory.org/
INDIGENOUS PEOPLES OF HARLEM BEING FORCED OUT BY HONKIES AND SPICS! OY VEY! WHAT IS THIS WORLD COMING TO?
http://www.eutimes.net/2010/03/white-and-hispanic-people-moving-to-nyc-harlem-are-a-threat-to-the-indigenous-people/
AS SOUTH AFRICA PREPARES FOR THE WORLD CUP, SAVAGE NEGRO BEASTS RUN AMOK, KILLIN' N' SHEET!
http://www.eutimes.net/2010/03/pretoria-schoolgirl-stabbed-to-death-hands-hacked-off/
DENVER DRUG LORD TIPPED OFF BY LOCAL COPS! MADE MILLIONS FROM SELLING, "ROCKY MOUNTAIN HIGH"!
http://www.kdvr.com/news/kdvr-dan-tang-letter-032910,0,7545654.story
Read the letter sent to Dan Tang
FBI probes alleged corruption within North Metro Drug Task Force
WORTH PONDERING! THE "BIG BANG", RELIGION DISQUISED AS SCIENCE?!http://whatreallyhappened.com/WRHARTICLES/bang.html?q=bang.html
http://www.washingtonsblog.com/2010/03/evidence-grows-for-multiverse.html
COMPUTER APPLICATIONS EASILY HACKED! WHAT WILL IT BE LIKE IN 100 YEARS? http://news.cnet.com/8301-27080_3-20001126-245.html
FBI UNDERCOVER AGENT INSERTED WITH MILITIA!
http://online.wsj.com/article/SB10001424052702304739104575154041322442962.html?mod=WSJ_hpp_LEFTTopStories
ALL PAYS AND PLAYS VOIDED IF MACHINE MALFUNCTIONS!
http://cbs4denver.com/local/casino.jackpot.slot.2.1600993.html
FLASHBACK! PARMALAT EXEC TURNED INTO FISHFOOD!
http://www.timesonline.co.uk/tol/news/world/europe/article691063.ece
CONSERVATIVE THINK TANK GOES APESHIT OVER PHONE SUBSIDY GIVEN TO POOR!
http://blog.heritage.org/2010/01/18/government-welfare-cell-phones-for-the-poor/
WHO REALLY BE OBAMA N' SHEET!?
http://atlasshrugs2000.typepad.com/atlas_shrugs/2010/03/the-biggest-hustle-in-human-history-.html
HIGH SPEED RAIL IN COLORADO-COOL!
http://www.thedenverdailynews.com/article.php?aID=7865
HEAD CHIMP AT DETROIT PUBLIC SCHOOLS BE DRIVIN' GOOD!
[THANKS TO TAXPAYERS AND A LITTLE SCAM HE BE RUNNIN'N'SHEET!]
http://www.freep.com/article/20100328/NEWS01/3280515/1318/DPS-Scam-cost-57-million
PORNO NATION! ADDICTED AS HELL!
http://www.alternet.org/story/146205/the_power_of_porn_stars%3A_why_we_love%2C_hate%2C_fear_and_want_them?page=entire
CRESTOR-A DANGEROUS STATIN WITH BIG TIME SIDE EFFECTS SELLS 100'S OF MILLIONS OF DOLLARS WORTH OF PRODUCT THANKS TO SLICK MARKETING CAMPAIGN!
http://www.nytimes.com/2010/03/31/business/31statins.html?src=me&ref=business
I SAW WHAT YOU DID AND I KNOW WHO YOU ARE!
http://home.att.net/~whitesox/867latest_monitoring_device.htm
F***ING OIL SPECULATORS! http://news.yahoo.com/s/mcclatchy/3467023;_ylt=AlJ3.8sHTGwFcHDKXpzYlEuGWo14;_ylu=X3oDMTMzaXBkdW91BGFzc2V0A21jY2xhdGNoeS8yMDEwMDQwMS8zNDY3MDIzBGNjb2RlA21vc3Rwb3B1bGFyBGNwb3MDNgRwb3MDNgRzZWMDeW5fdG9wX3N0b3JpZXMEc2xrA3doYXQzOXNkcml2aQ--
FRIENDS OF ISRAEL CALL OBAMA ANTI-SEMETIC! WORST SLUR EVER HURLED NEXT TO BEING A PEDOPHILE! HEBREWS EAT THIS PAP UP! http://www.thecypresstimes.com/article/Columnists/A_Time_For_Choosing/SARAH_PALIN_SLAMS_IMPOTENT_AND_ANTISEMITIC_BARACK_OBAMA_OVER_HIS_INCOHERENT_IRAN_POLICY_AND_JIHAD_AGAINST_ISRAEL/28926
WIKILEAKS DISINFORMATION CAMPAIGN!
http://kennysideshow.blogspot.com/2010/03/is-wikileaks-ciamossad-front.html
http://www.nytimes.com/2010/03/18/us/18wiki.html?ref=us
http://www.theregister.co.uk/2010/03/16/army_wikileaks/
http://wikileaks.org/
HEBREWS GO NUTS! INFILTRATION COMPLETE!
http://snardfarker.ning.com/profiles/blogs/new-fbi-files-alleging-aipac
http://onlinejournal.com/artman/publish/article_5691.shtml
http://www.youtube.com/watch?v=wwq04_KhCeI&feature=player_embedded
http://kennysideshow.blogspot.com/2010/03/9-11-explosive-evidence.html
ECONOMIC NEWS YOU CAN USE!
http://www.examiner.com/x-18425-LA-County-Nonpartisan-Examiner~y2009m10d29-Florida-political-leaders-consider-stateowned-bank-2-mortgages-6-credit-cards-no-state-debt-co
http://www.belfasttelegraph.co.uk/breaking-news/uk-ireland/pension-fund-buys-national-lottery-14742959.html
http://consumerist.com/2009/09/the-article-cash4gold-doesnt-want-you-to-read.html
http://www.lewrockwell.com/schiff/schiff82.1.html
http://www.cbc.ca/health/story/2010/03/25/gabapentin-ubc.html
http://www.taxcannabis.org/index.php/pages/initiative/
http://kennysideshow.blogspot.com/2010/03/marijuana-legalization-grassroots.html
http://www.nypost.com/p/news/opinion/opedcolumnists/fannie_freddie_the_biggest_bailout_rAyIYVNxCGXc4UrUntXkCK
http://johngaltfla.com/blog3/2010/03/29/if-you-can-leave-the-united-states-i-would-suggest-you-get-out-now/comment-page-1/#comment-3845
GREAT ARTICLES ON COMPUTER SECURITY FROM THE PEOPLE IN CHARGE OF AGRICULTURE!
http://www.dm.usda.gov/ocpm/Security%20Guide/V1comput/Laptops.htm#Security%20of%20Laptops
http://www.dm.usda.gov/ocpm/Security%20Guide/T4travel/Safety.htm
http://www.dm.usda.gov/ocpm/Security%20Guide/V1comput/Intro.htm#Computer%20Vulnerabilities
http://www.dm.usda.gov/ocpm/Security%20Guide/Spystory/Intro.htm#True%20Spy%20Stories
http://www.dm.usda.gov/ocpm/Security%20Guide/V1comput/Viruses.htm#1.
http://www.dm.usda.gov/ocpm/Security%20Guide/V2comint/Intro.htm#Intercepting%20Communications
http://www.dm.usda.gov/ocpm/Security%20Guide/V3bugs/Intro.htm#Bugs
REPUBLICAN BIG-WIGS CLAMPED DOWN ON INFO AFTER BUSH ALLOWED 9-11 ATTACKS TO OCCUR! WHEN WILL WE KNOW WHAT REALLY TRANSPIRED THAT DAY?
http://rawstory.com/2010/03/revealed-ashcroft-tenet-rumsfeld-warned-911-commission-line-should-cross/
http://rockcreekfreepress.tumblr.com/post/465990095/911primetime
SMALL GPS TRACKERS PINPOINT YOUR EVERY MOVE!
http://home.att.net/~whitesox/GPS_tracking.htm
http://www.enfotrace.com/market/demo/index.html
SOLID STATE HARDDRIVES BECOME STATE OF THE ART!
http://www.eutimes.net/2010/03/ssds-will-mark-the-bankruptcy-of-seagate-and-western-digital/
CRIMINAL BANKSTERS LOVE STEALING YOU BLIND-THE BASTARDS!
http://www.examiner.com/x-18425-LA-County-Nonpartisan-Examiner~y2010m3d30-Economist-Tim-Madden-USCanadian-consumer-interest-calculation-method-a-monstrous-fraud-1-of-2
http://www.examiner.com/examiner/x-18425-LA-County-Nonpartisan-Examiner~y2010m3d31-Economist-Tim-Madden-USCanadian-consumer-interest-calculation-method-is-monstrous-fraud-2-of-3
http://www.examiner.com/x-18425-LA-County-Nonpartisan-Examiner~y2010m4d1-Economist-Tim-Madden-USCanadian-consumer-interest-calculation-method-is-monstrous-fraud-3-of-3
HOW TO TURN YOUR DIGITAL CAMERA INTO INFRARED GHOST HUNTER!
http://geektechnique.org/index.php?id=254
Dear visitors of geektechnique.org,
As friends of Mark, we figured you might appreciate an update on things. It took us a while to find/hack our way into his server (which should be no surprise to you), but we finally managed. We hope you will forgive us for trespassing.
On Saturday September 20, 2008, Mark Hoekstra passed away.
Mark suffered a heart attack on Wednesday the 17th while on his bicycle. He was admitted to the hospital and kept in a coma. Friday night he was pronounced braindead. In the spirit of his open source thinking, his family agreed to a donor procedure for which Mark was kept alive. He finally passed away on Saturday morning. Mark had just turned 34 on the 12th.
OLLIE NORTH GETS THE DOPE ON OPIUM, MARIJAUNA AND HASHISH STRAIGHT FROM AFGHANISTAN! REMEMBER MENA, ARKANSAS WHEN THE CIA FLOODED THE COUNTRY WITH COCAINE SO THEY COULD FUND THE CONTRA'S? TOO MUCH MONEY TO BE MADE IN THE DRUG BUSINESS! DEMAND IN US AT ALL TIME HIGH, DUE TO DEPRESSION LIKE ECONOMY!
http://www.gopusa.com/commentary/onorth/2010/on_0319p.shtml
http://www.nytimes.com/2010/03/21/world/asia/21marja.html?hp
INCOME TAX DUE DATE APPROACHING FAST! WATCH OUT! TREASURY HEMMORRHAGING CASH IN ORDER TO CLEAN UP ALL THE F***UPS BY BUSH AND CHEYNEY!
http://en.wikipedia.org/wiki/Income_tax_in_the_United_States
LIFE INSURANCE FRAUD, YOU LIE, YOU LOSE 3 TIMES! 1-YOU DIE 2-YOUR HEIRS GET NOTHING 3-YOUR PREMIUM DOLLARS ARE WASTED AND RETURNED TO YOUR ESTATE WITH NO INTEREST. THE INSURANCE COMPANIES DO NOT LIKE TO PAY CLAIMS AND WILL MAKE ANY ASSERTION TO KEEP FROM DOING SO!
http://articles.moneycentral.msn.com/Insurance/InsureYourLife/lies-that-could-kill-your-life-insurance.aspx
ARE YOU ORGANIZED?
http://lifestyle.msn.com/your-life/just-dreaming/article.aspx?cp-documentid=23513209&gt1=32001
7 Drugs That Can Kill Kids in a Single Pill
http://abcnews.go.com/print?id=10130146
TOP ALL-TIME INTERNET SCAMS!
http://redtape.msnbc.com/2010/03/most-people-think-theyll-never-fall-for-a-scam-in-fact-that-frame-of-mind-is-precisely-what-con-artists-look-for-those-who.html?Gt1=43001
START NUCLEAR TREATY SCAM! NUKE IRAN!
http://thebulletin.org/web-edition/columnists/pavel-podvig/assessing-start-follow
http://russianforces.org/blog/2010/03/new_start_treaty_in_numbers.shtml
http://www.fas.org/blog/secrecy/

Bloomberg Financial, Sues and Wins! If Government had their way, evrything would be classified! Here's the link!
http://www.bloomberg.com/apps/news?pid=20601087&sid=a2rzjENZQV5k