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PostPosted: Fri Apr 12, 2013 9:41 am 
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DebFrmHell wrote:

I am not sure he gives two poops. LOL. But it will be nice to see what he got in hard evidence, like the letter he posted. I can get into that part, not so much the "insider information" line.

Rumpole wrote:
I agree, Deb

From the "protected by law" point of view AND from the point of view of aiding the enemy and feeding cretin posters. (at some sites)

I am SURE Sundance is aware of that sort of stuff :D

kbp wrote:
Who must follow the Family Educational Rights and Privacy Act (FERPA):

http://www.flsenate.gov/Laws/Statutes/2012/1002.22

Nothing on blogs posts there.


Let's connect some dots, shall we?

  • Police reports about criminal activity of students, even while conducted on school grounds, are criminal records, not educational records.
  • A certain chief of police, wanting to improve Miami schools' crime statistics, unilaterally deems that police reports filed about student activity on school grounds are no longer criminal records, but are now educational records, and thus protected from disclosure under FERPA.
  • Magically, the school district's crime statistics drop by 60%.
  • One subject of those statistics happens to be one Trayvon Martin, who later became the victim of homicide.
  • During the investigation of that homicide, the investigating police department, conducting routine victimology investigation, requests relevant background information on that victim.
  • The responding Miami police officer, unaware of the police chief's scheme, dutifully transmits the requested information about the victim.
  • The scheming police chief, upon discovery that some details that would expose his scheme were disseminated, opened a formal internal affairs investigation into the "leaking" of protected FERPA records.
  • The IA investigation results in everyone being exonerated of all allegations, and the erstwhile police chief being placed on administrative leave.

One might logically conclude at this point that the records in question, i.e. the criminal records of Trayvon Martin, as transmitted from the Miami police to the Sanford police, were incorrectly classified as FERPA; thus, they are properly classified as criminal records, and as such are not protected under FERPA.

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PostPosted: Fri Apr 12, 2013 11:29 am 
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FERPA does not protect records of deceased students.


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PostPosted: Fri Apr 12, 2013 1:52 pm 
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If it was my "fight response" kicking in, I would've ducked along the shadows of a house to my left. As Zimmerman came around the corner, I would've swung my fully-extended right arm from my left shoulder, twisting to the right as centrifugal force drove the edge of my right hand into Zimmerman's carotid artery, crushing his larynx in the process. He would not have cried out and, depending on which way he fell, I would've finished him off, if necessary with a head snap or a foot stomp. My back-up prime directive is to slow or halt the flow of blood to my opponent's brain in 1 or 2 strikes.


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PostPosted: Fri Apr 12, 2013 2:03 pm 
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Who must follow the Family Educational Rights and Privacy Act (FERPA)


Schools that feed at the federal trough.


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PostPosted: Fri Apr 12, 2013 3:14 pm 
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I agree with SD, this is bigger than GZ. There is so much to absorb, it's mind boggling. How many people knew what was going on and did nothing, said nothing...sins of omission. There are no words for TM/SF, they above all others knew...

The ramifications of this school "policy" are far reaching. I believe this policy not only exists in Miami, but in many/most of Florida schools, if not the entire country.

I posted the following on April 2 at TCH.

Quote:
http://www.news-journalonline.com/artic ... -with-guns

Somewhat inline with what was posted a few days ago regarding the Trayvon narrative…from the article:

“An April report from the Florida Department of Juvenile Justice said the 12,520 school-related arrests reported last year was a significant improvement and nearly half the number reported eight years ago. It credited the introduction of more intervention programs that leave youthful offenders without criminal records for the decline.”

And what happens to these “youthful offenders” when they are no longer given cover by these programs? They are let lose on public streets where they expect the same “special” treatment.


This all comes on the heals of a The Southern Poverty Law Center complaint against the district for “vague” and “ambiguous” disciplinary procedures that lead to more suspensions and expulsions of black students compared to white students.

http://www.palmcoastobserver.com/news/p ... ts-Flagler

Are school districts being extorted into these policies of "coverup" to avoid further complaints? Are PD's such as Hurley doing it for personal gain or following orders from above?

BBM - I think we have seen the results of these policies/programs in Trayvon Martin...

Sorry Rumpole for going off topic, just not sure where to post this...


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PostPosted: Fri Apr 12, 2013 3:51 pm 
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There's a quite thorough white paper for student journalists that answers many questions about FERPA.

On page 4 it says:
Quote:
MYTH: Crime reports that identify students are confidential

REALITY: Congress amended FERPA in 1992 specifically to prevent schools from withholding crime reports from the public. This applies even if the crime reports are kept by a “campus safety” rather than “police” agency. There is no basis under FERPA for blacking out the names of students from police incident reports.


It says on page 3 that application of FERPA to the records of student who died prior to turning 18 is unclear:

Quote:
Schools can also freely release information about students over 18 after their deaths, since the right of privacy does not survive an individual’s death. (The Department of Education has left some ambiguity with regard to a child who dies before reaching 18. Since the right to bring an invasion-of-privacy claim belongs to a child’s parents until the child turns 18, the Department may take the position that the FERPA privacy right remains with the parents even after the death of a minor child.)


I'm not sure if that ends after the student would have turned 18. It's hard to imagine the parents' interest in their child's right of privacy extends into perpetuity, though I don't know that it doesn't.


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PostPosted: Fri Apr 12, 2013 4:17 pm 
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FS 1002.22 (d) Students and their parents shall have the right of privacy with respect to such records and reports.

I think it is a state law question: does the right of privacy pursuant to 1002.22 survive death?

FERPA does not afford a right of privacy after death, nor does it provide a private right of action.


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PostPosted: Fri Apr 12, 2013 4:37 pm 
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I know people are discussing this new documentation on the level of the cover up of school crime etc., however, there's another cover up by the schools themselves, and that is the scholastic achievement of these students. We've already seen one total scam where teachers were involved in the "test scoring" fiasco. That's only ONE example where they got caught. You are naive to think it's still not going on somewhere.

Can anyone here honestly say that from what you heard and what you saw written, that DD's educational achievement level was enough to graduate high school? What I see is someone who is still at grade school level. Am I wrong? I'm I judging unfairly? Does she just have poor communication skills, yet was able to pass math, science, etc.?


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PostPosted: Fri Apr 12, 2013 4:39 pm 
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Opposition to Unseal has been filed

http://www.gzdocs.com/documents/0413/op ... unseal.pdf


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PostPosted: Fri Apr 12, 2013 4:51 pm 
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Ottawa925 wrote:
I know people are discussing this new documentation on the level of the cover up of school crime etc., however, there's another cover up by the schools themselves, and that is the scholastic achievement of these students. We've already seen one total scam where teachers were involved in the "test scoring" fiasco. That's only ONE example where they got caught. You are naive to think it's still not going on somewhere.

Can anyone here honestly say that from what you heard and what you saw written, that DD's educational achievement level was enough to graduate high school? What I see is someone who is still at grade school level. Am I wrong? I'm I judging unfairly? Does she just have poor communication skills, yet was able to pass math, science, etc.?


She appears uneducated, to say the least.


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PostPosted: Fri Apr 12, 2013 4:57 pm 
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Ottawa925 wrote:


The lawyers mentioned are Benjamin Crump and Jarian Lyons, who is also a sports agent.

http://www.wctv.tv/home/headlines/118553289.html


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PostPosted: Fri Apr 12, 2013 5:17 pm 
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Ottawa925 wrote:


Aren't such responses generally supposed to include at least some sort of reference to statute, rule, or case law?

Also, Crump sucks at logic, but is seemingly (and, likely, unknowingly) adept at irony.

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PostPosted: Fri Apr 12, 2013 5:24 pm 
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chipbennett wrote:
Also, Crump sucks at logic, but is seemingly (and, likely, unknowingly) adept at irony.

Compare and contrast documents written by Crump versus his attorney (Blackwell), O'Mara, et al. Crump is borderline illiterate - I didn't know law schools had affirmative action.

His understanding of linear thought and classic rhetoric is abysmal...

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PostPosted: Fri Apr 12, 2013 5:59 pm 
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chipbennett wrote:
Aren't such responses generally supposed to include at least some sort of reference to statute, rule, or case law?


They cite a rule. FRAP 9.100 appears to provide a right of immediate appeal of orders sealing judicial records, which may deter Nelson from disregard of law.

Here is some case law:

http://www.rcfp.org/florida-open-courts ... nt-records


http://www.leagle.com/xmlResult.aspx?xm ... -1986-2006

"On the merits, the marital settlement agreement is a judicial record and must be disclosed unless there is an applicable exemption. We should remand with leave for the former husband and former wife to make such arguments as they may have that the file should be sealed under Barron, 531 So.2d at 118, and Florida Rule of Judicial Administration 2.420(c)(9)."

http://www.leagle.com/xmlResult.aspx?xm ... -2007-CURR

Here is a sample order granting a motion to seal. Note the specific findings in paragraph 5 - 1, 2, 3. Those are required per the Baron newspaper case (see the description at the rcfp link above).

http://www.polkcountyclerk.net/uploaded ... 000713.pdf


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PostPosted: Fri Apr 12, 2013 7:43 pm 
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JG, did you notice he is only objecting to the release of the $$$ settlement and who was involved. He wanted the settlement to be known, he wants the rest sealed. Kind of like DD he wants her coached testimony accepted but not he coaching.


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PostPosted: Fri Apr 12, 2013 7:51 pm 
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PostPosted: Fri Apr 12, 2013 8:06 pm 
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John_Galt wrote:
They cite a rule. FRAP 9.100 appears to provide a right of immediate appeal of orders sealing judicial records, which may deter Nelson from disregard of law.

Here is some case law:

http://www.rcfp.org/florida-open-courts ... nt-records


http://www.leagle.com/xmlResult.aspx?xm ... -1986-2006

"On the merits, the marital settlement agreement is a judicial record and must be disclosed unless there is an applicable exemption. We should remand with leave for the former husband and former wife to make such arguments as they may have that the file should be sealed under Barron, 531 So.2d at 118, and Florida Rule of Judicial Administration 2.420(c)(9)."

http://www.leagle.com/xmlResult.aspx?xm ... -2007-CURR

Here is a sample order granting a motion to seal. Note the specific findings in paragraph 5 - 1, 2, 3. Those are required per the Baron newspaper case (see the description at the rcfp link above).

http://www.polkcountyclerk.net/uploaded ... 000713.pdf


Dumb questions/thoughts:

1. What compelled Crump to file the settlement with the court in the first place? It has nothing to do with State v. G. Zimmerman.
2. Rules of public disclosure of court records aren't directly concerned with a contractual agreement of confidentiality to which neither the trial court nor the parties involved in State v. G. Zimmerman are privy.
3. The act of disclosure has already taken place: Crump attaching the settlement to the State v. G. Zimmerman case made it a public record, and subjected it to public disclosure per Florida's sunshine laws.
4. How does Crump have standing to admit anything into the record? If Nelson somehow agrees to keep the settlement sealed, couldn't the defense move to strike/expunge/(whatever the correct term is) the settlement from the record? (It is obvious, especially given the projection of same by Crump in his response, that at least part of the reason that Crump submitted the settlement into the court record was to taint the jury pool with the mere knowledge that a settlement had been reached. Mission accomplished, of course.)

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PostPosted: Fri Apr 12, 2013 8:18 pm 
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From CTH.... Sundance continues to outline info obtained via FOIA

Part #4 – The Trayvon Martin Cover Up: Sergeant “William Tagle” Supporting Documentation: Miami-Dade School Police Dept – Internal Affairs Investigation [Trayvon Martin FOIA #11]
Posted on April 12, 2013 by sundance

(......)
Another two weeks later, Sunday February 26th, 2012, one of those improved Miami-Dade statistics decided to confront a hispanic man named George Zimmerman, in Sanford Florida. The high school junior, a diverted statistic from Krop High, punched Mr. Zimmerman in the nose, knocking him to the ground, and straddled him MMA style.

As a result, and in fear for his life, Mr. Zimmerman took control of a carried firearm, shooting shot the 17-year-old falsely improved statistic once in the chest. He died.

During the victimology report produced by the Sanford Police Department, Lieutenant Randy Weaver contacted the Miami-Dade School Police Department for information about the deceased. The Sanford Police Department was provided “partial” background information from Miami-Dade which outlined how 17-year-old Trayvon Martin was known to law enforcement.

Subsequent to a Miami Herald news media report, on March 26th 2012, outlining criminal records belonging to Trayvon Martin, an internal affairs investigation within MDSPD was launched. Police Chief Charles J Hurley filed complaints against his officers for potential leaks to the media.

The Miami-Dade Police Records of Trayvon Martin were now under scrutiny and Chief Hurley had something to hide.

The Miami-Dade School Superintendent, Alberto Carvalho, had been conspiring with his hire, Miami-Dade School Police Chief, Charles Hurley, to manipulate law enforcement practices in an effort to improve statistics.

The true background of the “improved statistic”, Trayvon Martin, now in the public spotlight, had become an optical liability….

As a consequence to the internal affairs investigation several statements were taken from law enforcement officers of various rank within the Miami-Dade School Police Department. The contents of this file represent one such law enforcement officer.

The 100+ pages of evidence within the pdf file below, we obtained via FOIA request, is only a portion of the investigative report which clearly outlines everything you have just read.

PDF Document 106 pages
http://www.scribd.com/doc/135564937/Ser ... ive-Report

....more at link (Including comments)
http://theconservativetreehouse.com/201 ... n-foia-11/

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PostPosted: Fri Apr 12, 2013 8:30 pm 
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Great description by Sundance....

Quote:
Another two weeks later, Sunday February 26th, 2012, one of those improved Miami-Dade statistics decided to confront a hispanic man named George Zimmerman, in Sanford Florida. The high school junior, a diverted statistic from Krop High, punched Mr. Zimmerman in the nose, knocking him to the ground, and straddled him MMA style.

As a result, and in fear for his life, Mr. Zimmerman took control of a carried firearm, shooting shot the 17-year-old falsely improved statistic once in the chest. He died.

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PostPosted: Fri Apr 12, 2013 9:03 pm 
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boricuafudd wrote:
JG, did you notice he is only objecting to the release of the $$$ settlement and who was involved. He wanted the settlement to be known, he wants the rest sealed. Kind of like DD he wants her coached testimony accepted but not he coaching.



All along almost on every issue, Crump wants his cake and eat it too.


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