Category: Ethics

Rick Brainard Resurfaces to Gloat Over Former Juror’s Plight

Former Grand Junction City Councilman Rick Brainard. Photo credit: KREX-TV, Grand Junction

Former Grand Junction City Councilman Rick Brainard. Photo credit: KREX-TV, Grand Junction

Convicted domestic abuser and former short term Grand Junction City Councilman Rick Brainard is publicly gloating over the former Blagg juror’s contempt conviction, and is being assisted by Paul Shockley, the Daily Sentinel’s court-beat reporter.

In response to an April 29 article by Shockley about Ms. Charlesworth’s conviction, Brainard tweeted, “XOXO. That darn Karma is a son of a gun.” Shockley retweeted the comment, helping Brainard further magnify it.

Judge Finds Blagg Juror in Contempt

Judge Jane Tidball

Judge Jane Tidball

Retired District Court Judge Jane Tidball today ruled that the juror accused of misconduct in the Michael Blagg murder case was in fact in contempt of court. Judge Tidball cited legal documents she believed indicated the juror was knowingly exposed to domestic abuse decades ago. The judge further stated that, beyond reasonable doubt, the juror had opportunities “to revise or elaborate” about her experience with domestic abuse, but that she “willfully failed to answer fully the questions on the questionnaire” in the Blagg case. She concluded the juror had “offended the dignity of the Court” and ruled her in contempt.

Judge Tidball set a sentencing hearing for June 26. The juror can potentially be ordered to spend up to six months in jail, and the Mesa County District Attorney is attempting to extract tens of thousands of dollars in fines from the juror, seeking to have her pay the costs of Blagg’s trial, including expert witness fees, hotel and meal expenses.

Mesa County District Attorney Set to Further Abuse Beleaguered Blagg Juror

The Mesa County D.A. has whipped up hysteria about the former Blagg juror, and is now responding to the desires of a pitchfork-wielding mob to punish her

The Mesa County D.A. has whipped up local anger about the former Blagg juror, and is responding to the desires of an angry mob to punish her further

The abused Blagg juror in Grand Junction and her further prosecution by the Mesa County District Attorney are raising questions among local women about exactly what constitutes domestic abuse, and whether and when someone experiences it or not.

The U.S. Department of Justice defines domestic violence as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Under this definition,  whether an act constitutes domestic violence or not depends entirely on the point of view of the targeted partner. In the case of the Blagg juror, her former husbands’ actions drove her to divorce them, but someone can certainly file for a divorce without feeling intimidated, threatened or abused by the other partner’s actions. If her husband’s actions just angered her and pushed her to divorce them, does that really make her a “victim” of domestic violence?

Maybe it just makes her a strong woman.

Whereas society used to entirely accept a man beating up his wife, now domestic violence is defined by things as subtle as using dirty looks, playing mind games, using children to relay messages or taking away someone’s cell phone.

Subjective Gray Area

Moreover, whether or not a partner’s actions rise to the level domestic violence depends on a number of differentiating variables, like frequency and intensity of violent acts, and the presence or lack of other forms of maltreatment, like chronic attempts at financial control or isolation. Other factors like substance abuse, the aggressive partner’s history of abusive actions, or a history of mental illness or possessiveness, can also figure into a definition of what constitutes domestic abuse. It’s also important whether a pattern of abuse exists or not. If a one-off threat or act by one partner drives the other partner end the relationship permanently, does this rise to the level domestic violence?

Mesa County District Attorney Pete Hautzinger, caving to an angry public, is poised to publicly heap more abuse on a beleaguered former juror in the Blagg case who has been targeted repeatedly by the Defense.

Mesa County District Attorney Pete Hautzinger, caving to an angry public, is poised to heap further abuse on a beleaguered former juror in the Blagg case who has been targeted repeatedly by the Defense for more than a decade

Again, it depends on the point of view of the person targeted by the act. Despite this huge gray area in what constitutes domestic abuse, a Mesa County Court judge has told the former Blagg juror exactly what her marital experiences amounted to, and how she must define them.

This is a tremendously presumptive position by the Court. It’s also a tremendously unfair position in which to put the juror. Further, in return for having the temerity to disagree with the Court about her own experiences, the D.A. is now is poised to punish her further with jail time and thousands of dollars in fees and fines, in addition to the thousands she and her current husband have already been forced to shell out to an attorney to help defend her.

By now one thing in this case is truly clear: the former Blagg juror has suffered far more abuse from the Court system and the D.A. than she ever did from her former husbands.

The D.A.’s actions to further punish this already aggrieved former juror will no doubt put a healthy dose of fear and trepidation into everyone who gets a jury summons in the future. The Mesa County District Attorney is now also poised to severely deplete the already small pool of people who are willing to serve on a jury, and probably not just locally, but will create the same difficulty for courts across the country.

Mesa County D.A.’s Attack on Former Blagg Juror Featured on Denver’s 9News

Mesa County District Attorney Pete Hautzinger, who is ruthlessly throwing the book at a now-disabled former juror who helped convict Michael Blagg eleven years ago

Mesa County District Attorney Pete Hautzinger, who is ruthlessly throwing the book at a now-disabled former juror who helped convict Michael Blagg eleven years ago

9News journalist Chris Vanderveen today published an investigative news story about the beleaguered Grand Junction woman who has endured eleven years of invasive personal attacks as a result of serving on the jury that convicted Michael Blagg of murder in 2004. The piece focuses on Mesa County District Attorney Pete Hautzinger, who is now piling on to the former juror’s woes by pursuing legal charges and fines against her. Vanderveen’s efforts bring the story of the Grand Junction juror’s plight to Colorado’s front range.

The piece is titled “Juror gets sued after murder conviction.”

Marilyn Charlesworth first endured ten years of attacks by Blagg’s defense attorneys, who, in repeated efforts to win Blagg a new trial, first accused her of failing to disclose a vision impairment, then of failing to disclose a prescription for a certain medication, and now finally accusing her of lying about whether or not she believed she had experienced an incident of domestic abuse over twenty years ago. Now Mesa County District Attorney Pete Hautzinger is joining Blagg’s defense in attacking against Charlesworth by charging her with contempt and threatening her with jail time, fees and fines in excess of $50,000, purportedly to pay for costs of Blagg’s first trial, like hotels and meals for expert witnesses.

Hautzinger’s legal pursuit of Charlesworth is forcing her and her husband to spend their retirement savings on legal fees, and could bankrupt the couple. The stress Charlesworth has been under has recently caused her eyesight to deteriorate further to the point where she can no longer drive or work. The Grand Junction Daily Sentinel’s many negative articles editorials about her has turned her into a pariah locally, to the extent that she rarely leaves her house.

Why so harsh on Charlesworth? Misogyny? Politics? Smokescreen?

Hautzinger’s over-the-top pursuit of Charlesworth is raising questions locally of whether this is a possible case of misogyny, since he recently let a male juror in another case who was accused of exactly the same offense walk free with no consequences. Others think Hautzinger is disproportionately attacking Charlesworth to divert attention from former Mesa County Sheriff investigator Steve King, who was the lead investigator for Blagg’s 2004 trial. King recently pled guilty to embezzling, and a result can no longer offer credible testimony in a new Blagg trial. King is also a former State Senator and favorite of the Mesa County Republican Party, which has suffered a number of embarrassing incidents of corruption and candidates who have broken the law in recent years. Charlesworth has in the past also been an outspoken critic of longstanding Mesa County Republican institutions, like the GOP-dominated Grand Junction Area Chamber of Commerce. Hautzinger is a Republican, so his actions could also potentially be political payback.

KUSA 9News reporter Chris Vanderveen won the Edward R. Murrow journalism award in 2011, and the National Press Photographers Association (NPPA) Reporter of the Year Award in 2012. He and a camera operator drove out to Grand Junction from the front range and back in a single day to cover Charlesworth’s story.

Charlesworth wants to publicize her experience so citizens are aware of the dangers they face if they agree to sit on a jury, since there are no limitations on how long or intensively defense attorneys can try to get new trials for their clients by pursuing jurors who return verdicts they don’t like.

 

 

Same Crime, but Vastly Different Treatment of Two Jurors in the Mesa County Courts

Chief Deputy D.A. Dan Rubenstein, lead county DA pursuing Blagg juror (Photo Credit: CO Bar Assoc.)

Chief Deputy D.A. Dan Rubenstein, lead county DA pursuing Blagg juror (Photo Credit: CO Bar Assoc.)

If you need verification of the extent to which former juror Marilyn Charlesworth is being hung out to dry as a result of her service eleven years ago on the Blagg jury, look no further than how the District Attorney’s office handled another recent case of juror misconduct that also led to a new trial for the defendant.

To recap, Charlesworth currently has the distinction of being the most abused juror in modern U.S. history. Over the past eleven years, convicted murderer Michael Blagg’s defense team has forced her to defend herself against a number of allegations, including that while serving as a juror she withheld information from the Court about the extent of a vision problem, about a specific medication she was allegedly prescribed and, most recently, about whether she experienced an incident of domestic violence over two decades ago. The Mesa County DA has now filed contempt charges against her, is currently threatening her with 30 days in jail and fees in excess of $45,000, nominally to pay for Blagg’s first trial. That figure includes witness travel fees, hotel expenses, expert witness fees, subpoena service, the cost of transcripts for further hearings and additional costs not yet specified. Over the eleven years since Blagg’s first trial, the Court has made public Charlesworth’s medical, employment, DMV and IRS tax records and information from them has been published in the local paper, all without her consent. The Grand Junction Daily Sentinel now routinely features her name in articles about the Blagg case. Charlesworth and her husband now face thousands of dollars in legal bills for her defense from the two-pronged legal onslaught by Blagg’s defense team the Mesa County District Attorney’s office.

Contrast this with how the same D.A.’s office handled a second case of a juror accused of the exact same charge — misconduct — in another recent case, and whose actions resulted in a convicted defendant, a child molester, getting a new trial.

Different Cases, Same Charge

In 2010, Rodney Eddy, a former resident of Mesa and deacon at Mesa View Bible Church, was convicted of multiple felony counts of sexual assault on a teenage girl. A jury found him guilty on four counts each of sexual assault on a child by a person in a position of trust.

Rodney Eddy, who is going for a third trial -- the juror accused of misconduct in Eddy's case suffered no consequences

Rodney Eddy, who is going for a third trial — the juror accused of misconduct in Eddy’s case suffered no consequences for intentionally lying on a juror questionnaire

Eddy, now 73 years old, had two trials. The first ended in February, 2010, after jurors deadlocked on the charges against him. His next trial came six months later, in August of 2010. In that trial, jurors convicted Eddy of four counts of sexual assault on a child by a person in a position of trust and four more counts for a pattern of abuse. He was acquitted of eight additional charges and sentenced to 16 years to life in prison.

Fast-forward to February, 2015, when the Court awarded Eddy a third trial, this time due to juror misconduct.

In a screening questionnaire given to jurors before Eddy’s second trial, one unidentified juror answered “no” to the question of whether he or any of his family members had ever been a victim of sexual abuse. He later confessed that he had, in fact, been sexually abused by a priest in Grand Junction in 1965, at age 12. He told investigators that he had lied on his questionnaire to get on the jury after he learned sexual abuse allegations were central to Eddy’s case. He told investigators he was seeking “payback” for the wrongs allegedly committed against him by the priest when he was a child.

RIP Former G.J. Mayor Bill Pitts, and Why Citizens Should Care About Him

Former Grand Junction Mayor Bill Pitts

Former Grand Junction Mayor Bill Pitts

Former Grand Junction City Councilman and Mayor Bill Pitts died this week.

Bill Pitts was a successful inventor and a non-stop, die-hard booster of our town. As a long-time private pilot, he started trying to draw the public’s attention to the corruption occurring on Grand Junction Regional Airport Board years before the FBI raided it for fraud allegations in November, 2013. He invented the magnetic plastic covers people put over their swamp cooler ceiling vents in the wintertime to keep drafts out. He started the Security Alarm Company, and a camp ground and RV park at 22 and H Roads. He started Dinosaur Days. He had a relentlessly positive view of Grand Junction, put in hundreds of hours of his own time to promote it and gave up several big job offers and promotions and sizable salary increases to be able to live here full time. Pitts left a huge legacy of accomplishments for which his family can be very proud.

But despite all his good deeds and positive accomplishments, Bill Pitts also suffered from the very worst treatment that Grand Junction’s dominant local leadership could dish out.

Stabbed in the Back by the Chamber

The Grand Junction Area Chamber of Commerce turned on Bill Pitts, their long-time member, when they put Rick Brainard up as a candidate against him in the April, 2013 City Council election. The chamber, through its secret money group the Western Colorado Business Alliance, poured over $10,000 into getting Brainard elected over Pitts. If you put the track records of the two candidates side by side, anyone could see that Bill Pitts, with his past experience, accomplishments and history, was the stand-out candidate who was far better for Grand Junction. But people listened to the chamber and elected Brainard over Pitts. Brainard’s arrest for assault four days after his election just added an exclamation mark to the horrible choice the chamber made in selecting and backing him as a candidate. The incident demonstrates yet again why the chamber is so very bad for Grand Junction. Pitts confided that he believed that prominent Grand Junction businessman, Doug Simons, owner of Enstrom Candies, who sat on the Grand Junction Regional Airport Board, was the driving force behind the GOP and Chamber’s effort to oust him from Council, believing it was done in retaliation for trying to draw attention to the fraud Pitts suspected was occurring at the Airport.

After being a die-hard booster and dues-paying member of the Grand Junction Chamber of Commerce and the Mesa County Republican Party for over 44 years, at the May 1, 2013 City Council meeting Bill Pitts announced that he was withdrawing his memberships from both organizations.

Read the full story of how these groups stabbed him in the back, and why Pitts fled the chamber and the Mesa County GOP here.

The Worst Case of Juror Abuse in the U.S. is Right Here in Grand Junction

ServeWithFearMarilyn Charlesworth of Grand Junction, Colorado, has started a GoFundMe campaign asking for help to pay the mounting legal fees arising from her jury service of 11 years ago.

Charlesworth is the victim of the worst case of juror abuse in American history. It has dragged on for eleven years now past the time of her jury service, and has utterly ruined the life of a woman who responded to a jury summons she got in the mail, as all American citizens are required to do by law as part of their citizenship.

What is juror abuse?

G.J. Chamber Opposes Local Businesses Again, Appears to Be Losing Influence

Grand Junction Area Chamber of Commerce President Diane Schwenke, who turned the G.J. Chamber into a branch of the Tea Party (Photo Credit: YouTube)

Grand Junction Area Chamber of Commerce President Diane Schwenke, who turned the G.J. Chamber into a branch of the Tea Party (Photo Credit: YouTube)

In its 2015 Voter Guide, the Grand Junction Area Chamber of Commerce urged voters to approve Referred Measure 2B, which would have authorized the City to take on millions in debt to extend the Riverside Parkway along 25 Road. Almost all businesses on 25 Road strongly opposed the measure, saying the City blindsided them by failing to let them know measure even existed until it was safely scheduled to go on the ballot. The business owners opposed 2B because it would have let the city seize land fronting their businesses, and harmed their businesses by subjecting the road to an extended construction period. Curiously, the measure also would have zig-zagged the Parkway through existing business and residential areas instead of building it according to the original plan, which simply extends the existing Parkway route further west down River Road to 24 Road.

Once again, the chamber’s position on an issue was diametrically opposed to the one held by the very local businesses it claims to represent.

Council Candidates Sound Like Broken Records, Ignore Constituents

It's the same-ole, same-old from Council candidates again this year. Who supports all the other folks?

It’s the same-ole, same-old from Council candidates again this year. Who supports all the other folks in town besides business and property owners?

Candidates for the contested seats on the Grand Junction City Council are all starting to sound the same. Kim Kerk supports “property owners rights” and a “business friendly community.” Duncan McArthur is for “private property rights” and the “small business owner.” They sound just the same, don’t they? Dennis Simpson says he’s a “fiscal conservative,” and McArthur is for “fiscal responsibility,” but aren’t these the same thing? Basically, it’s code for even more belt-tightening for our community.

It’s like listening to a broken record. And it’s folly for voters to listen to them.

Business owners and the Grand Junction Area Chamber of Commerce wield outsized influence in Grand Junction, and they’ve shown citizens time and again that believing anything they say or do at election time is completely absurd.

Kim Kerk also supports the same old constituencies. Don't others matter?

Kim Kerk also supports the same old constituencies: private property owners and business owners. Why don’t the rest of us matter?

The chamber portrays itself as the single most important political voice in town because it represents businesses, but only a fraction of area businesses actually belong to the chamber and according to the chamber’s membership list, many of their members are from outside of the area. The “Grand Junction Chamber” has members in Denver, Arvada, Lakewood, Greenwood Village, Centennial, Glenwood Springs, Moab, Utah, Reno, Nevada, Houston, Texas, and even Washington, D.C…. Why should any company based on the front range or another state have any say or lobbying power over Grand Junction’s issues or candidates?

What’s more, valuing businesses more highly than ordinary, hard-working city residents has cost this city dearly and set us far behind smaller western slope towns. For years, maybe even decades, Grand Junction citizens have been craving a public recreation center, like the ones the cities of Fruita, Delta, Montrose and Durango have already built for their citizens. Over and over, our City Council has denied residents this same wonderful amenity based on an unproven premise that building such a facility might possibly be detrimental to less than a handful of private businesses in town, like gyms and athletic clubs. A couple of businesses vs. tens of thousands of citizens who could benefit from such a facility. Why are city residents always the losers in this kind of issue?

Haven’t Grand Junction residents sacrificed their quality of life on the altar of almighty private business long enough?

Businesses and the Chamber: Unreliable Voices at Election time

The chamber promised G.J. voters if they voted to zone this parcel by the river to light industrial, Brady Trucking would bring in a bunch of $70,000/year jobs, and build trails and landscaping by the river. Voters passed the measure, but this is how the site looks today.

The chamber promised G.J. voters in 2013 if they voted to zone this parcel by the river to light industrial, Brady Trucking would bring in a slew of $70,000/year jobs, and build trails and landscaping by the river. Voters passed the measure, but today, two years later, the site remains dilapidated, no jobs were ever created and no trails were ever built.

Moreover, neither the chamber nor private businesses have proven reliable proponents on issues. The chamber has gone to bat for private businesses at election time before, only to be outed as lying.

Remember Referred Measure A in the April, 2013 election? It asked voters to uphold light industrial zoning by the Colorado River so Brady Trucking, a private business, could expand its operations there. The chamber promised voters that if they passed the measure, Brady Trucking would bring a slew of new jobs to town averaging $70,000 a year and build a walking and biking trail on a 50-foot wide easement along the river, as well as fencing and landscaping. Chamber President Diane Schwenke said, “This is an issue where the voters can support good jobs and development of trails.”

Oh, really?

Voters listened to the chamber and duly passed the measure, and now, two years later, the site is still untouched. No trails were ever built, and no additional jobs ever brought to the area.

The vaunted chamber, the “voice of business,” spoke and told voters the best thing to do, and it was a lie.

The arrest of Chamber-backed city council candidate Rick Brainard in April, 2013 shocked Grand Junction citizens and embarrassed the entire City.

The arrest of Chamber-backed city council candidate Rick Brainard in April, 2013, for beating up his girlfriend, shocked Grand Junction citizens and embarrassed the entire City.

Remember the infamous 2013 chamber-backed city council candidate, Rick Brainard, and what a debacle he was to the City? Brainard got arrested four days after being elected and appeared on TV news broadcasts in a yellow jumpsuit. He later pled guilty to assault.

After these kinds of terrible candidate endorsements and lies, should voters really listen to the chamber any more about which candidates and issues to back in local elections?

Of course not.

The better idea is to listen to the chamber so you can do the opposite of what they recommend.

There are plenty of good and important people in Grand Junction besides business and private property owners, yet in every election cycle, council candidates ignore them. What about retirees, students, disabled citizens, people who work for salaries like nonprofit workers, retail workers, landscape workers, day care workers, restaurant workers, teachers, government employees and volunteers, to name a few?

Don’t these people matter to candidates and elected officials, once they get into office? Why are none of these groups considered viable constituencies worth pursuing at election time and serving once in office?

Arguably, these citizens are the real lifeblood of our area. Not only do they provide important local services, but they earn the money that gets spent at local businesses. Without these people as customers, local businesses would die. But who fights for THEIR best interests?

No one, so far.

ManBalloonIt’s way beyond time for council candidates to acknowledge that there are many voters in town with needs besides private property owners, business owners and people who want more belt-tightening by City Council. There are plenty of business-friendly tightwads on Council already. What we need at long last are candidates who care about average, hard-working Grand Junction residents, many of whom live on the edge, have difficulty feeding their kids, making ends meet and affording medical and dental care. We need council candidates who will vow to support these people’s interests and needs if elected to Council.

Now THAT would be one giant breath of fresh air.

Scot McInnis: Mesa County’s Land Conservation Hypocrite-in-Chief

Former Congressman Scott McInnis won a race for Mesa County Commissioner in November, 2014, even though his campaign broke several rules, including illegally posting campaign signs on power poles without permission and standing on city medians in violation of City Ordinance 9.04.250, "Prohibition against standing on or occupying medians."

Former Congressman Scott McInnis won a race for Mesa County Commissioner in November, 2014, even though his campaign broke several rules, including illegally posting campaign signs on power poles without permission and standing on city medians in violation of City Ordinance 9.04.250, “Prohibition against standing on or occupying medians.”

Mesa County Commissioner Scott McInnis has carefully cultivated an image of being a land conservation maven. Until recently he was a member of the board of Colorado Open Lands, a statewide land trust that holds the largest conservation easement in the state. That group’s mission is to conserve productive farmland and scenic areas of the state through voluntary partnerships with private landowners and federal, state and local agencies. Ostensibly, Mr. McInnis served on this board because he believes in the value of land preservation. As a U.S. Congressman, McInnis so closely linked himself with boosting land conservation that he even got his buddies in Congress to rename a 200,000 acre area public land on the western slope as “McInnis Canyons National Conservation Area,” even though doing so violated a House Rule created specifically to prohibit Congressmen from naming public works or lands after themselves.

Quite an accomplishment for Mr. McInnis.

So if we could presume that anyone on the western slope would be a champion for the value of land conservation, you would think it would be Scott McInnis, right?

Nope.

Since being elected Mesa County Commissioner just last year, McInnis has suddenly turned skeptical of the value of land conservation, and so far, he hasn’t explained to the public why he’s had such a radical turnabout in his views.

When the Mesa Land Trust asked the Mesa County commissioners earlier this month for a letter supporting a Great Outdoors Colorado (GOCO) grant application to put a conservation easement on 22 acres of productive private agricultural land on East Orchard Mesa, McInnis threw on the brakes and denied the request, claiming — of all things — that he needs more time to learn about easements and what they mean for the county’s future.

McInnis is suddenly very concerned that conservation easements might be harmful to Mesa County because they protect land from development in perpetuity. He now suggests open lands only be conserved for just 30 years, instead protecting them in perpetuity for later generations to enjoy.

McInnis’ new stance is a 180-degree flip-flop on land conservation, and has rendered him a complete and total hypocrite on the subject.

Land conservation seemed valuable enough when it meant McInnis could get a federal conservation area name after himself, but now, not so much. The idea that it might be inappropriate for a private landowner to choose to preserve his or her own farmland for future generations is incredible. But if we are to now believe Mr. McInnis, this is what he thinks.

Scott McInnis dropped out of the race for governor in 2010 amid plagiarism allegations, and got a national conservation area named after himself in violation of federal House Rules prohibiting Congressmen from naming public works and lands after themselves.

Scott McInnis dropped out of the race for governor in 2010 amid plagiarism allegations, and got a national conservation area named after himself in violation of federal House Rules prohibiting Congressmen from naming public works and lands after themselves.

It’s not as though Mesa County citizens had no warning that McInnis would be untrustworthy in public office. His 2014 campaign for commissioner violated several laws and ordinances, his infamous plagiarism scandal while running for governor in 2010 and the subversive way he got federal lands named after him in 2004 in opposition to what Coloradans wanted all made it painfully clear that McInnis was far from being a decent candidate, to put it charitably.

So now that McInnis has suddenly changed his mind and believes land conservation is a bad idea, what happens now?

Maybe he will now be willing to let the name “McInnis Canyons” expire, so the conservation area so mistakenly named after him can revert back to its original name, “Colorado Canyons National Conservation Area.”

Or, if you’d rather not wait for that to become reality, we can initiate that action right now, so Mesa County citizens can finally end the embarrassment of having a national conservation area in their backyard named after a total hypocrite.

To get moving on fixing the “McInnis Canyons” mistake, click here to sign the petition to Colorado Senator Michael Bennet asking for legislation to revert “McInnis Canyons National Conservation Area” back to its original name, Colorado Canyons National Conservation area.

FFRF: Fruita Monument High School’s Baccalaureate Violates First Amendment

FMHSLogoA concerned member of the Fruita Monument High School community has sought help from the Freedom From Religion Foundation (FFRF) over a “baccalaureate” ceremony held in the school’s gym last year on May 12, 2014, and possibly over concerns of a similar event occurring this year around graduation time.

A baccalaureate is a religious ceremony held a few days before a school’s official graduation ceremony. Baccalaureates often feature prayers, bible readings, sermons or benedictions, and music. Students may wear their caps and gowns, and readings may be given by school employees.

Because baccalaureates are religious events, the Establishment Clause of the First Amendment to the U.S. Constitution requires publicly-funded schools to divorce themselves from any connection to these events. Schools cannot help plan, design or sponsor these ceremonies. School employees cannot participate in organizing such events or appear at them in their official capacities. If school auditoriums or gyms are used for the ceremonies, a private party must rent the venue out for the event. The law requires a complete separation between the school and the baccalaureate in every sense.

Students Who Didn’t Want to Attend Allegedly Threatened

The anonymous complainant reported that FMHS Principal Todd McClaskey, Vice Principal Lee Carleton, and other school staff members helped plan the May, 2014 baccalaureate ceremony at FMHS. They reported that FMHS teachers and administrators spoke in their official capacities at the event, reading bible verses and speaking in general terms about the virtues of being a Christian. FMHS’ choir and orchestra students were required to perform at the baccalaureate, and students who didn’t want to take part in the ceremony were threatened with lower grades and told that if they failed to attend, they would have to perform all of the concert music, solo, in front of the entire class, at a later date.

Open Burning Suffocating Entire Neighborhoods

Smoke from an open burning fire smothered an entire neighborhood this afternoon just 1/4 mile from Mesa Mall.

Smoke from an open burning fire suffocated an entire neighborhood this afternoon on F 1/4 Road, just 1/4 mile from Mesa Mall.

Suddenly you can’t breathe inside your own home. Parents rush their asthmatic children to the doctors’ offices and emergency rooms. People at home on oxygen have to leave their homes or head to hospitals for relief. People attending weddings, dining, shopping or otherwise enjoying their Saturdays as normal are forced to leave events early because they feel sick, with sore throats and eyes that are burning and tearing uncontrollably.

Welcome to springtime in Mesa County, where open burning season ruins springtime for thousands of valley residents who have the misfortune of living near a burner. The normally clear, fresh valley air at this time of year gets pumped full of particulates and ash, as a smoky haze casts a pall over the area as residents suffer when neighbors burn their leaves, grass, branches and garbage openly.

Is this legal?

Yes.

Mesa County in one of the few areas left in the country where people can openly engage in the archaic practice of openly burning debris and freely polluting the air at the expense of their neighbors.

A Great Place to Retire? Think Again

Open burning of fields along roads in Grand Junction's residential areas creates a visibility hazard for drivers, as well as a health hazards for residents, pedestrians, bicyclists and more

Open burning of fields along roads in Grand Junction’s residential areas creates a visibility hazard for drivers, as well as a health hazards for residents, pedestrians, bicyclists and more

Grand Junction get marketed as a great place to retire, but relocation packets handed out by the Visitors and Convention Bureau and the Grand Junction Area Chamber of Commerce don’t tell potential relocatees about the many months each year where for the very small cost of a burn permit, anyone in Mesa County can burn waste piles and inflict suffering on other residents.

Judging from the amount of smoke overtaking the valley, plenty of people are burning this year.

Medical Burn Ban: An Answer?

Smoke from open fires isn’t just smelly, unsightly and uncomfortable. It poses a distinct health hazard to people with reactive lung diseases like asthma and bronchitis, chronic obstructive pulmonary disease (COPD) or heart disease. Since Grand Junction has the biggest and most advanced medical facilities between Denver and Salt Lake, many people with heart and lung disease settle or retire here, only to discover they suffer for a total of months in the spring and fall seasons when open burning is permitted.

What can be done?

Colorado Mountain College on Energy Expo: “We are not hosts of the event”

CMCRachel Pokrandt, Dean of the Rifle Campus of Colorado Mountain College (CMC), says she didn’t know anything about the Energy Expo’s speaker program and the school is not a host of the event, despite being listed as a host on the event’s promotional materials.

“We never agreed to be a host” of the event, Pokrandt said. She says the event organizers “Really did represent us quite horribly.”

Pokrandt says CMC just has a small booth at the event, which they have rented annually for the past 10 years, to educate people about their solar, biofuels and other programs.

“We don’t want to be connected with that type of speaker,” Pokrandt said, referring to Energy Expo speaker John L. Casey, who speaks on the topic of climate science despite having no degrees in climatology and never having published any peer-reviewed research on the subject. His talks typically start out with charts, statistics and scientific claims, but by the end of his talks, he devolves into fearmongering and racist statements.

Videos posted online of Casey’s talks show him speaking before tea party groups. He says anthropogenic climate change is a scientific fraud perpetrated by the U.S. government and the United Nations. He says global warming is over, that sun entered a period of “hibernation” in 2007 and the earth is now entering a prolonged period of cooling that will lead to an increase in earthquakes and volcanic eruptions. Casey further says this cold phase will cause the world’s food supply to diminish and people will need to lay in a year’s supply of food and be ready to flee to the countryside and defend their food stores from urban minorities who, he says, will start beating and murdering people to get their food supplies — after government food stamp programs can no longer sustain them.

Pokrandt said that in the past, the Energy Expo and Forum has been “fairly level” in regard to balance in the types of speakers they’ve had, and between renewable and non-renewable types of energy, but that unfortunately due to the circumstances this year, CMC may have to withdraw its involvement from the event in the future.

 

What’s Wrong with Jimmy John’s Sandwich Shops? Plenty.

Religious sign posted in Jimmy John's -- an ominous sign that there is more wrong with the chain than meets the eye.

Religious sign posted in Jimmy John’s — an ominous sign that more wrong with the chain than meets the eye.

Under pressure from a family member, I tried a Jimmy John’s sub shop last week. I had never eaten at one before. I tried their “Vito” Italian sub with few hot peppers on it. It turned out to be pretty decent — good enough, I thought, to go to another Jimmy John’s store few days later and order the same sandwich again. It tasted just as good as the first one, but this was probably the last Jimmy John’s sandwich I will ever eat. Here’s why:

As I stood at the cash register ordering sandwich #2, I noticed a huge, religious-theme sign posted on the wall right above the place where you wait to pick up your sandwiches. I asked the cashier why there was a religious sign on the wall of their sandwich shop. She just said “It’s a corporate thing.”

That was my first hint that something was very wrong with Jimmy John’s. It seems like businesses that go out of their way to push a god-and-country meme on their patrons (pdf) often have a slew of bad things going on behind the scenes that they are trying to hide from the public. It was just a hunch, a gut feeling I’ve gotten over years of observing these things, so I checked it out. I hit the internet and started investigating Jimmy John’s.

E-Coli, Mistreatment of Employees and Tax Avoidance…for starters

Sure enough, my suspicions about the chain were confirmed. I found article after article about a wide variety of things that are very wrong not only with Jimmy John’s sandwich stores, but also the chain’s owner, Jimmy John Liautaud. The more I read, the more horrified I got, and the less I wanted to eat there again.

In 2012, Jimmy John’s was found to be the source of a multi-state outbreak of E-coli that sickened 29 people in 11 states. Seven victims had to be hospitalized.

Jimmy John's "God" sign, alongside a giant pickle

Jimmy John’s “God” sign, alongside a giant pickle

Liautaud makes his lowest-paid hourly employees — not just managers — sign no-compete agreements that prohibit them from working at ANY sandwich shop within three miles of the first shop where they worked for two years after leaving Jimmy John’s, and prohibits them from working at any other Jimmy John’s for 12 months after leaving. This makes it tough for high school or college student employees to get other jobs nearby after working at a Jimmy John’s. Former employees have brought a lawsuit against Liautaud over the practice.

A vocal critic of income taxes, Liautaud owes the state of Illinois over $1.4 million in taxes on his 2009 purchase of two corporate jets. Jimmy John refused to pay the taxes by arguing that the jets qualified for a commercial transportation tax exemption. The state of Illinois didn’t agree.

Jimmy John’s also recently settled a class action lawsuit in California (pdf) for falsely advertising over a 2 1/2 year-long period that their sandwiches had sprouts on them. They didn’t.

Jimmy John’s has come under fire for making financial contributions to extreme, anti-immigrant politicians in Arizona, like Joe Arpaio (the Maricopa County Sheriff known for racial profiling, arresting his critics and locking up innocent people) and failed presidential candidate John McCain, who selected Sarah Palin as his running mate in 2008.

Wage Theft, Anti-Immigrant Policies, Canned Hunts

Two former Jimmy John employees from two separate store locations have also filed a lawsuit charging Jimmy John’s with committing systematic wage theft by forcing workers to work off the clock and refusing to pay them overtime. Jimmy John’s delivery drivers also sued the chain in 2013 charging that company stiffed them of wages and forced them to pay for their own vehicle insurance and maintenance. The chain has also been charged with crushing employees’ attempts to unionize.

Jimmy John's owner, Jimmy John Laiutaud poses with an endangered African elephant he killed on a canned hunt.

Jimmy John’s owner, Jimmy John Laiutaud poses with an endangered African elephant killed on a canned hunt.

Pretty bad stuff all around, and all of the above would have been plenty to put me off. But by far the most repulsive thing about Jimmy John Liautaud is that he loves to go on canned (fake) hunts and kill threatened species of large, wild animals. Canned hunts are hunts where shooters pay large fees to “hunt” trophy animals confined inside fenced enclosures. Sometimes the animals are pre-wounded to make the hunt even easier for a paying shooter. Website after website shows horrific photos Liautaud grinning proudly over carcasses of endangered African elephants, leopards and even an Alaskan brown bear that he reportedly killed inside a wildlife refuge.

Jimmy John with a dead endangered leopard.

Jimmy John with a dead endangered leopard.

The public response to Jimmy John’s killing of endangered animals has been visceral. The Facebook page “Boycott Jimmy Johns” urges people to stop patronizing Jimmy John’s restaurants in response to Liautaud’s pointless joy-killing of endangered large animals. A petition on Change.org asks people to boycott Jimmy John’s sub shops until Liautaud stops killing exotic animals for sport. The petition asks Liautaud to make a public apology and give a donation towards wildlife preservation in Africa. The petition is now closed, but Liautaud offered no apology nor gave a donation as requested.

The above is all I need to know about Jimmy John’s. However good, fast or cheap their sandwiches may be, my appetite for them has been completely wiped out by what I now know about the chain and the truly disgusting behavior of Jimmy John Liautaud, the chain’s founder and namesake.

Ray Scott Working to Block Constituents’ Access to the Courts for Construction Defects

Water intrusion issues around windows may not become apparent until years after construction is complete.

Water intrusion issues around windows may not become apparent until years after construction is complete.

On January 14, Colorado State Sen. Ray Scott introduced SB15-091 (pdf), a bill titled “Reduce Statute Of Limitations Construction Defects,” that would protect developers from lawsuits when things go drastically wrong with the homes they build. Scott’s bill would cut in half the amount of time homeowners in Colorado would have to file lawsuits over construction defects, from six years to three. If enacted, the bill would shield homebuilders from being accountable for significant problems and expenses that homeowners incur due to construction defects they discover just a few years after moving in a new home. Most states provide consumers a 10-12 year window in which to file suits over damages due to construction defects in a new home. Scott’s bill would make Colorado one of the states with the smallest windows for consumers to gain recourse against shoddy construction.

Many construction defects aren’t apparent until years after construction, after the home has been through several wind, rain and snow storms, and cycles of cold, heat, dryness and humidity. It takes time for these conditions to reveal problems with roofs, foundations or wall construction, like use of inadequate materials or poor workmanship. Mistakes and oversights by builders or subcontractors are not only common, but are often completely unnoticeable within the first few years after construction. They can also result in extremely costly repairs for the homeowners. Under Scott’s bill, homeowners would be left holding the bag for expensive repairs to their homes needed due to shoddy construction.

G.J.’s North Desert Trashed by Off-Road Vehicles, Shooting, Dumping

Off-roaders revel in tearing up the North Desert area after rain and snow, creating rutted mud pits for fun.

Off-roaders revel in tearing up the North Desert area after rain and snow, creating rutted mud pits for fun.

If you want tourists, friends and family to see the best our area has to offer, whatever you do, don’t take them up 27 1/4 Road into the desert north of H Road. While the panoramas from the north desert area are spectacular, this formerly stark and beautiful range of mancos shale hills running along the base of Grand Junction’s iconic Bookcliffs is now defaced from virtually end to end with trash dumps, mud ruts, shotgun shells and makeshift religious memorials to people who have died out there in accidents.

What used to be a marvelous place for a long, peaceful walk with your dog, is now so disappointing it tries the soul.

An airplane flies over areas on BLM land where shooting is permitted, right underneath the takeoff/landing patterns for G.J. Regional Airport

An airplane flies over BLM land where shooting is permitted underneath the takeoff/landing patterns for G.J. Regional Airport

Since the shooting range opened several miles out on 27 1/4 Road, and since the North Desert started being included on OHV (off-highway vehicle) maps, the area has turned ugly. It’s also a more dangerous place for peaceful users, like walkers, bikers and horseback riders.

Recipe for Disaster: Colorado Riverfront Trail Users Unprotected from Gunfire

The morning sun glistens on the Colorado River on the Monument View section, where hunters are allowed to shoot at birds in the very same vicinity where paths beckon people to run, walk and bike by to the river.

The morning sun glistens on the Colorado River on the Monument View section, where hunters are allowed to shoot in the same vicinity where people run, walk and bike by the river.

The Colorado Riverfront Trail is a huge asset to Mesa County citizens’ quality of life. It beckons residents and tourist to run, walk and bike amid the beautiful scenery alongside the river.

But frequently gunfire occurs around parts of the paths located outside City limits. Many times the sound of loud gunfire next to the path has reduced my dog to a quivering, drooling mass of fear. He digs in his toenails, shakes uncontrollably, refuses to walk any more and has to be lifted or dragged away from the area. The gunfire turns an otherwise pleasant, enjoyable time on the path into a nightmare for us and our dog, and cuts short the time we usually reserve for our morning walk. We have to drag the dog back to the car, leave the area and find somewhere else to walk where he — and we — don’t feel threatened.

So many of our riverfront walks have been ruined this way, I start to wonder why we ever go back. I have quietly wondered, too, if my dog is justified in being so frightened, and whether I should be a bit more concerned for my own safety.

Based on what I found out, I absolutely should.

On the Monument View section of trail, about 1/2 mile east of the Walker Wildlife parking area, there are two small, ominous signs — one facing in either direction — that say “Active Hunting Area. Please stay on trail and respect hunter’s rights.” But what, exactly, does this mean to people using the trail? The signs don’t say what to do if gunfire comes your way. They give no assurance you will not be hit by errant gunfire while on the trail. It doesn’t say where the hunters are or in what direction they shoot. It doesn’t give the dates of hunting seasons or point to protective barriers or cover.