Sunday, May 18, 2008

An HIV-positive man was sentenced to 35 years in prison Wednesday, one day after being convicted of harassment of a public servant for spitting into the eye and open mouth of a Dallas, Texas police officer in May 2006. The United States Centers for Disease Control and Prevention says that no one has ever contracted HIV from saliva, and a gay-rights and AIDS advocacy group called the sentence excessive.

A Dallas County jury concluded that Willie Campbell’s act of spitting on policeman Dan Waller in 2006 constituted the use of his saliva as a deadly weapon. The incident occurred while Campbell, 42, was resisting arrest while being taken into custody for public intoxication.

“He turns and spits. He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with,” said Waller to The Dallas Morning News.

Officer Waller responded after a bystander reported seeing an unconscious male lying outside a building. Dallas County prosecutors stated that Campbell attempted to fight paramedics and kicked the police officer who arrested him for public intoxication.

Prosecutors said that Campbell yelled that he was innocent during the trial, and claimed a police officer was lying. Campbell’s lawyer Russell Heinrichs said that because he had a history of convictions including similarly attacking two other police officers, biting inmates, and other offenses, he was indicted under a habitual offender statute. The statute increased his minimum sentence to 25 years in prison. Because the jury ruled that Campbell’s saliva was used as a deadly weapon, he will not be eligible for parole until completing at least half his sentence.

The organization Lambda Legal (Lambda Legal Defense and Education Fund), which advocates for individuals living with HIV, says that saliva should not be considered a deadly weapon. Bebe Anderson, the HIV projects director at Lambda Legal, spoke with The Dallas Morning News about the sentence. “It’s been 25 years since the virus was identified, but there are still lots of fears,” said Anderson.

The Dallas County prosecutor who handled the trial, Jenni Morse, said that the deadly weapon finding was justified. “No matter how minuscule, there is some risk. That means there is the possibility of causing serious bodily injury or death,” said Morse. Dallas County District Attorney Craig Watkins stated: “If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.”

A page at the CDC’s website, HIV and Its Transmission, states: “HIV has been found in saliva and tears in very low quantities from some AIDS patients.” The subsection “Saliva, Tears, and Sweat” concludes that: “Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.” On Friday the Dallas County Health Department released a statement explaining that HIV is most commonly spread through sexual contact, sharing needles, or transfusion from an infected blood product.

Saturday, August 25, 2007

Efforts to salvage the Indonesian naval vessel Arung Samudera from where she ran aground on the Sunshine Coast Queensland, have been delayed due to poor weather conditions.

The 35-metre, tri-masted vessel was originally grounded on August 23 in stormy weather at Inskip Point, near Rainbow Beach. A salvage contractor has being brought in to rescue the stricken vessel, her hull is intact and it is believed the ship is in no imminent danger of breaking apart.

However, the tall ship did drag its anchors and break its rudder and centreboard during the beaching.

Australian Navy Commander Forbes Peters says that although salvage has been postponed until early next week, the vessel will be surveyed today by the salvage firm.

“To develop a plan for how they would salvage the vessel of the beach, that’s going to involve a tugboat pulling the thing off the beach with a longline.

“The trouble with actually conducting the salvage will be the sea state… Until the weather abates there really will not be able to do much in terms of salvage,” he said.

The 18-man crew – six officers and 12 sailors – of the New Zealand-built vessel have managed to retrieve their belongings from the ship, and are now expected to be transported to temporary accommodation in local barracks in Bulimba, Brisbane.

It is still hoped the ship can be repaired in time for it to attend a summit next month in Sydney, but this to be unlikely. A decision on whether to take her to Brisbane or Gladstone for repairs is expected to be made on Monday.

Friday, July 22, 2005

A small single-engine ultralight aircraft has crashed on a lawn between the Reichstag building, the seat of the German parliament, and the Bundeskanzleramt, the seat of the chancellor, in Berlin. The aircraft crashed at approximately 2000CET. Amateur footage aired by the ARD shows the plane rapidly descending before crashing on the lawn and bursting into flames. Witnesses at the scene were inconclusive about the heading of the plane. Some stated that it was targeting the Reichstag while others said that the pilot tried to steer away from it. He was killed in the crash. People near the scene attempted to fight the fire with hand-held extinguishers, however the aircraft was mostly destroyed by the time the emergency services arrived.

The German authorities have ruled out terrorism. Police are saying that the pilot’s wife has been missing since Monday and they had suspected that he might have something to do with the disappearance. It is possible that he might have committed suicide to avoid prosecution.

Tuesday, March 29, 2005A team of Australian surgeons yesterday reattached both hands and one foot to 10-year-old Perth boy, Terry Vo, after a brick wall which collapsed during a game of basketball fell on him, severing the limbs. The wall gave way while Terry performed a slam-dunk, during a game at a friend’s birthday party.

The boy was today awake and smiling, still in some pain but in good spirits and expected to make a full recovery, according to plastic surgeon, Mr Robert Love.

“What we have is parts that are very much alive so the reattached limbs are certainly pink, well perfused and are indeed moving,” Mr Love told reporters today.

“The fact that he is moving his fingers, and of course when he wakes up he will move both fingers and toes, is not a surprise,” Mr Love had said yesterday.

“The question is more the sensory return that he will get in the hand itself and the fine movements he will have in the fingers and the toes, and that will come with time, hopefully. We will assess that over the next 18 months to two years.

“I’m sure that he’ll enjoy a game of basketball in the future.”

The weight and force of the collapse, and the sharp brick edges, resulted in the three limbs being cut through about 7cm above the wrists and ankle.

Terry’s father Tan said of his only child, the injuries were terrible, “I was scared to look at him, a horrible thing.”

The hands and foot were placed in an ice-filled Esky and rushed to hospital with the boy, where three teams of medical experts were assembled, and he was given a blood transfusion after experiencing massive blood loss. Eight hours of complex micro-surgery on Saturday night were followed by a further two hours of skin grafts yesterday.

“What he will lose because it was such a large zone of traumatised skin and muscle and so on, he will lose some of the skin so he’ll certainly require lots of further surgery regardless of whether the skin survives,” said Mr Love said today.

The boy was kept unconscious under anaesthetic between the two procedures. In an interview yesterday, Mr Love explained why:

“He could have actually been woken up the next day. Because we were intending to take him back to theatre for a second look, to look at the traumatised skin flaps, to close more of his wounds and to do split skin grafting, it was felt the best thing to do would be to keep him stable and to keep him anaesthetised.”

Professor Wayne Morrison, director of the respected Bernard O’Brien Institute of Microsurgery and head of plastic and hand surgery at Melbourne’s St Vincent’s Hospital, said he believed the operation to be a world first.

Sunday, March 1, 2009

According to the Federal Deposit Insurance Corporation (FDIC), a record number of banks for a calendar month have failed in the United States in February. A total of 10 banks failed in February, more than any other month since October of 2000. A total of 16 banks have closed this year so far, with 24 closing in 2008. If the current trend continues, the total number of failed banks will more than double in March, as compared to the total number of failed banks in 2008.

The list grew after the FDIC took over the funds from the Security Savings Bank of Henderson, Nevada and the Heritage Community Bank in Glenwood, Illinois on February 27. The FDIC issued press releases for both institutions.

The four branches of the Heritage Community Bank reopened on February 28 “as branches of MB Financial Bank,” stated the FDIC. The bank’s assets were worth nearly US$233 million and had customer deposits worth nearly $220 million. MB is expected to purchase $230 million of the bank’s assets and the FDIC will “retain the remaining assets for later disposition.”

“The two Security Savings Bank branches will reopen on Monday (March 2) as branches of Bank of Nevada,” stated the FDIC. The bank held assets worth approximately $238.3 million with customer deposits of nearly $180 million. Bank of Nevada will purchase approximately $111 million of the bank’s assets while the FDIC will retain the remaining balance, also “for later disposition.”

“The FDIC insures deposits at the nation’s 8,305 banks and savings associations and it promotes the safety and soundness of these institutions by identifying, monitoring and addressing risks to which they are exposed,” added the FDIC.

Both banks, when reopened, will immediately become members of the FDIC.

Tuesday, March 22, 2011

0 A.D. is a historical, open source, strategy game, published by Wildfire Games. It focuses on the period between 500BC and 500AD. The game will be released in two parts: the first covering the pre-AD period, and the second running to 500AD. With development well underway, Wikinews interviewed the development team.

Aviv Sharon, a 24-year-old Israeli student responsible for the project’s PR, compiled the below Q&A, which the full team approved prior to publication.

Sunday, July 22, 2007

Virginia – Joshua Brady, a former Sprint Nextel customer, has had his cellular phone account shut off, but not because he wasn’t paying the phone bill, or even because he was late on payments, but because a customer service representative who assisted him, began to call him outside of her job, and make death threats to him in September of 2006. She was never fired for her actions, Brady says.

Brady has agreed to be interviewed by Wikinews to tell his story. All information and claims have been logged with Brady’s attorney and federal authorities.

The representative from Sprint Nextel, who for safety reasons is only being identified as Jessica, was working at the company’s call center in Ontario, Canada where Brady’s call to customer service was directed. According to Brady, Jessica then began to call him outside of her job duties at the call center after their first contact.

Brady called the center around 6:00 p.m. (eastern time) on a Saturday and attempted to receive help on a billing question and to find a way to stop prank calls. Brady requested a “soc code”, a code placed into the phone, that would allow for the number that was pranking him to be blocked. Unfortunately, Jessica did not know what that was, but tried unsuccessfully to find it. According to Brady, the only thing she could find was “the ANI feature call centers have.”

Brady then described to Jessica the billing issue he was having. He was being charged “for text messages I was not making”, even though he had unlimited text messaging with his billing plan. Meanwhile, Jessica called for a supervisor to help locate the code. As this customer service request over the phone was taking quite a bit of time, the two of them then started to discuss what two people would normally discuss if just chatting; sports, the weather, movies and music and if Virginia was a nice place to go on vacation. The supervisor then came by Jessica’s station with no luck on finding a code.

Later that night, around 10:30 p.m., Brady received a call. He answered it and much to his surprise, it was Jessica. He answered the phone with the usual “hello” and the voice on the other end answered with “hello Josh.” Brady was “surprised” that she had not said “hello Mr. Brady.”

“I then asked who it was, and she said Jessica. She told me about her day, and hoped that I did not mind her calling.” Then according to Brady, she started to describe how much she hated working in a call center, and how the job “pays the bills”, and asked if she could “come visit me sometime”. Brady said that he “immediately started to record” the call. Brady also stated that Jessica was not aware she was being recorded, and that further conversations were recorded without her knowing.

The call lasted about 15 minutes, but Brady said she “spoke so fast and moved along through things” that he “didn’t have a chance to talk if I wanted to. It [the call] ended with me interrupting her and telling her I had to go to dinner with a friend.”

Brady immediately called customer care back and reported Jessica’s actions to a supervisor (Jason), and the Floor Manager (Also named Jessica) at the Coos Bay call center, which is where his call happened to be directed. The advice he received was to “play along” and continue to report her actions until they could locate someone “better equipped” to handle the situation.

Jessica then began to call “about every other day or so” which turned out to be almost 30 calls, according to Brady who reported each call she made to Sprint Nextel.

Sprint Nextel then told Jessica to cease and desist all contact with Brady, but that didn’t stop Jessica from contacting him. She somehow found out the screen-name of his AOL Instant Messenger account, and left messages threatening to kill him. Brady logged the messages and faxed them to Sprint, who about a week later sent Brady a letter, saying that his accounts have been terminated.

“The purpose of this letter is to inform our that our office has received a complaint regarding your recent questionable interactions with our customer care group. Recent interactions with our company have prompted us to formally contact you. Sprint Nextel terms and conditions state that “termination of services. consistent with this agreement…”, said the letter from Sprint Nextel.

Brady states that Jessica is still employed with Sprint Nextel, despite the fact that all instant messages left by Jessica were forwarded to Sprint Nextel.

As recently as July 10, 2007, as many as 1,000 accounts were terminated by Sprint Nextel because customers were complaining too much and asking too many questions about billing.

“While we have worked to resolve your issues and questions to the best of our ability, the number of inquiries you have made to us during this time had led us to determine that we are unable to meet your current wireless needs,” said one letter to a sprint customer as recent as June 29, 2007. The letter states that the service will be terminated just one day after the letter was written despite saying they “understand switching to a new carrier causes an inconvenience.”

Two weeks ago, Sprint addressed the media about the mass-cancellations. “These accounts have been researched very carefully,” Sprint spokeswoman Roni Singleton said. “We feel strongly that the decisions we made, we stand by them. These decisions weren’t made lightly.”

“If the average person is calling less than once per month and these people are calling 40 or 50 times more, that takes away from customer service,” Singleton said. “Our priority is to improve the customer experience.”

Wikinews sent e-mails to Sprint Nextel on July 20 regarding the Brady incident; to date no response has been received.

Update: On July 23, 2007, Wikinews received an email response from a Sprint representative, going to some length to explain the termination of the customers who were calling up to hundreds of times a month. No information was given on the Brady case covered in this article; “customer privacy considerations” were cited as the reason and “no comment” was Sprint’s reply.

Thursday, February 13, 2014

Wikinews has obtained a letter by Scottish Justice Secretary Kenny MacAskill to former Conservative justice spokesman John Lamont in response to questions raised by our correspondent about the Mikaeel Kular murder case. Wikinews has investigated possible contempt by media publishing potentially prejudicial material, and MacAskill wrote he has “been following the case of Mikaeel Kular and [is] acutely aware of the unusual publicity this case has attracted.”

When Mikaeel Kular, three, vanished from his Edinburgh home last month police and volunteers scoured the capital for him. His body was found in Fife just before midnight on January 17, and his mother was arrested on January 18. That’s when Wikinews first reported on possible widespread contempt by UK and Scottish media.

Our correspondent is based in Scotland and has been advised by a lawyer not to identify anybody detained until they have appeared in court, even if they have been arrested and charged. Professor James Chalmers of the University of Glasgow has since reviewed our coverage and confirmed this position. Despite that a large number of major media outlets identified Rosdeep Adekoya, nee Kular, 33, as the arrested individual.

Adekoya has since been in Edinburgh Sheriff Court charged with murdering her son. She is in custody pending indictment and trial, but any eyewitness evidence may be tainted because her image has been widely published. This is common practice elsewhere in the UK but Scottish justice works differently and courts have viewed publication of photos as potentially prejudicial. Professor Pamela Ferguson of the University of Dundee notes “journalists do seem to be walking a dangerous line if publishing photos etc of suspects.” Crown Office, which is in overall charge of prosecutions, has indicated to journalists that no further comment will be made at least until indictment.

MacAskill however expressed confidence in the Scottish court system to deal with the situation. “I am confident… the courts themselves will intervene if they believe publicity is in danger of being prejudicial.” He also wrote to Lamont that he has faith in the court to successfully direct any jury that may try the case in order to maintain fairness.

The Contempt of Court Act 1981 is designed to prevent prejudicial material going in front of juries before trial. Although UK-wide legislation, the law is interpreted differently north of the border than in England and Wales. Witnesses in Scotland may be asked to identify accused persons standing in the dock. The BBC College of Journalism advises legal advice be sought ahead of publishing photos and notes it has previously been ruled contempt. The BBC used the accused’s photo prominently in their own online coverage.

Chalmers explains: “It may be a contempt of court to create a substantial risk of serious prejudice to someone’s right to a fair trial. A photograph might do this in a case where identification is an issue; on the face of it, that does not seem especially likely in this case, but it is impossible to know for certain at this point. The courts have said that the only safe route to avoid committing a contempt is to avoid publishing a photograph, but that does not mean that publishing a photograph is automatically a contempt.” MacAskill noted “the kind of issue that publicity might raise may become apparent only during the trial itself.”

Contempt has been a considerable issue in the UK in recent years after high-profile cases. In one instance a charge against serial killer Levi Bellfield was dropped owing to publicity while the jury were deliberating; in another, newspapers were fined and sued for libel over reporting on the arrest of a suspect who turned out to be innocent in a prominent investigation.

A proposal was mooted to ban identification of suspects arrested anywhere in the UK, but this was subsequently shelved. MacAskill confirmed “the Scottish Government is content with the way the courts are operating the rules on contempt of court in Scotland at the moment and has no plans to make changes.” He also wrote of the difficulties with trying to individually cover all eventualities with prescriptive legislation, saying “A trial for a sexual offence will raise very different issues — particularly of protecting victims — from those that are raised by a tax fraud trial.”

MacAskill says it is the Scottish Government’s position that the task of “counterbalancing the public interest in reporting with upholding the criminal law should be left to those whose job it is to do so — the courts and the judiciary, acting in the individual circumstances of the case”.