Justice Run Amok: That Ain't Right

When Eric Aderholt's house in Rockwell County, Texas, burned down in June, it wasn't because the fire department was too slow. They arrived within minutes, but none was aware that local hydrants were locked. Apparently, departments know that hydrants in rural areas have been shut off, as part of post-9/11 security, and must be turned on with a special tool, which no one brought that night. Texas law even requires shut-off hydrants to be painted black, but the firefighters still arrived without the tool, and by the time they retrieved it, Aderholt's house was gone.

Though Mayra Rosales, 27, stands charged with capital murder in Hidalgo County, Texas, she was not ordered to jail pending trial but was allowed home detention because of her obesity. At about 1,000 pounds, Rosales requires special transportation and facilities and was ruled by a judge in August certainly to be no "flight risk."

In 2003, retired Colorado businessman John Haines, who was concerned about dangerous cracks in the Tomb of the Unknowns at Arlington National Cemetery, went to great lengths to find and purchase a huge slab of the identical high-grade white marble of the Tomb and offered it, free of charge, shipping included, to the Army (which has been considering reconstruction of the Tomb since 1987). In the ensuing five years, according to an August Denver Post story, the Army continues to ignore Haines, yet periodically shows interest in opening the reconstruction to competitive bidding, but mostly just allows the idea to languish.

Joey Bergamine, 19, who is preparing for a re-trial in Fayetteville, N.C., on a DUI charge stemming from a July 2007 incident, will argue that he should have been advised of his right to have a lawyer present when his father kicked open his bedroom door hours after the incident to help police officers who had come to question him. Joey's father is the police chief of Fayetteville, and Joey's lawyer said entering a locked room, as well as the subsequent interrogation, constituted "police" action and not "parental" action, and since his dad failed to "Mirandize" him, the charge should be dismissed.

In August, the U.S. Department of Transportation unveiled new rules for train and bus drivers returning to work from drug-use suspensions. They must now be tested first by a strip search to detect devices for cheating (such as artificial penises), and if none is found, they may re-dress themselves, but a monitor must still "directly watch the urine as it goes from the employee's body into the collection container." Not surprisingly, several unions have challenged the rule in court.

Nevada Political Babylon: Greg Nance, 49, resigned from the state Board of Education in August after complAin'ts about his ignoring a policy discussion at a public meeting by cooing with his new, 20-year-old wife of 12 days. (When a colleague complained that the woman should not have been seated with Nance at the board table, Nance replied, "Bite me.") Nance's replacement will be named by Gov. Jim Gibbons, whose approval rating hovers in the 20 percent range, in part because of rumors of womanizing. Gibbons filed for divorce in May, but his wife of 22 years has refused to leave the governor's mansion, and, instead, Gibbons has moved out.

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