Monday, May 4, 2015

Sentencing of Israeli rabbi Yoshiyahu Pinto for bribery - postponed by one week

Haaretz    The Tel Aviv District Court on Sunday postponed issuing sentence on Rabbi Yoshiyahu Pinto until May 12, after a particularly tense sentencing hearing. Pinto was convicted on April 14 on charges of bribery, attempted bribery and obstruction of justice in a plea bargain, after admitted to the bribery of Israel Police Brig. Gen. Ephraim Bracha. 

In making its summation before Judge Oded Mudrick, the prosecution castigated Pinto’s conduct, criticizing his “audacity” and “manipulations” and describing him as “a man who thought himself above the law.” 

“The indictment to which the accused pleaded guilty describes an extensive range of serious and sophisticated acts carried out by a venerable figure, who sole purpose was to seriously and repeatedly disrupt the law enforcement system by cynically exploiting his spiritual status,” said prosecutor Racheli Hazan-Feldman. 

“It’s hard to find a precedent for acts similar to these,” she added. “We’re talking about a case of unprecedented seriousness in terms of the attempt to undermine the activities of law enforcement. This was an attempt to bribe a senior police officer to obtain information about investigations in which the briber was questioned under caution. We’re talking about a very large bribe of $200,000.”[...]

Authorities raid ‘cult’ women’s seminary in Jerusalem, arrest R Aharon Ramati

Haaretz      Jerusalem police and municipality workers raided the Be’er Miriam seminary for women in Jerusalem Sunday, following parents’ claims that the Sephardi institution, headed by Rabbi Aharon Ramati, is a cult. Ramati was not at the school when it was raided, but police located him shortly after in a nearby synagogue and he was taken in for questioning by the Jerusalem fraud squad.

Six women from the seminary were also detained on suspicion of various crimes, including fraud. Two other women were held for allegedly holding a former student against her will.

The police suspect a number of crimes were committed at the school, located in the Sanhedria neighborhood in north Jerusalem, including tax fraud and defrauding government ministries, as well as violating health and educational standards. A preliminary examination found that the gas lines were hooked up illegally, A fire and rescue service team disconnected the lines for safety reasons.[...]

A battle to close the seminary has been going on for years within the ultra-Orthodox community, but the police never found a reason to intervene until now. Ramati has even been accused of being the leader of “a dangerous cult” by leading Haredi rabbis. Still, the seminary continued to operate and drew dozens of young women students, most of whom were either newly religious or in the process of becoming more religious. [...]

Pam Geller: Moslems defend her right to be anti-Moslem

CNN       Garland shooting: What is the American Freedom Defense Initiative?

 ts name paints an image of a group dedicated to protecting American ideals. But critics call it the opposite -- an intolerant hate group opposed to freedom of religion.

Now, with two gunmen killed outside one of its events, the American Freedom Defense Initiative is back in the spotlight -- once again, surrounded by debate. 

Here's what to know about the controversial group:

The AFDI says it has several tenets, including:
-- Freedom of speech, "as opposed to Islamic prohibitions of 'blasphemy' and 'slander,' " which quashes open dialogue of jihad and Islamic supremacism, the group says
-- "The freedom of conscience -- as opposed to the Islamic death penalty for apostasy"
-- Equal rights of all people, "as opposed to ... institutionalized discrimination against women and non-Muslims" in Sharia law, or strict Islamic law.

... but it's also listed as an extremist group

The Southern Poverty Law Center lists the American Freedom Defense Initiative as an active anti-Muslim group in its "Extremist Files" database.[...]

"Who designated the SPLC as a legitimate authority? They are a radical leftist group who targets patriots, vets and even GOP presidential candidates," she told CNN. "They have never named a jihadi group as a hate group."  
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Daily Beast Muslims Defend Pam Geller’s Right To Hate

Both before Pam Geller’s ‘Draw Mohammed’ event and after the attack Sunday night, Muslim American leaders vigorously defended her right to draw whatever she wants.
 
Anti-Muslim advocate Pam Geller has the absolute right to draw any cartoon she wants of the Prophet Mohammed. That was not just the response from Muslim American leaders I spoke to after news broke Sunday night of a shooting outside a Garland, Texas event that Geller had organized —offering $10,000 for people to draw images of Mohammed—but before that event as well.

As of the writing of this article, we know that after the conclusion of Geller’s event, two gunmen drove into the parking lot of the venue and fired shots that wounded one security officer. The two suspects were then reportedly killed by the police officers outside the venue. The identity and motivation of the gunmen is still not known as of press time.

Now don’t get me wrong, I’m not saying that some Muslims aren’t offended by the idea of Geller offering $10,000 for people to draw despicable cartoons of Mohammed.  But the reality is American Muslims deeply value freedom of expression.

Plus, to be blunt, we are used to Geller, a person who has been denounced by both the Anti-Defamation league and the Southern Poverty Law Center for her anti-Muslim hate. She has been demonizing us Muslims for years. Geller is so over-the-top in her rabid hatred of Muslims that she has become a punchline in our community. [...]

Ethiopians riot again - this time in Tel Aviv: PM says violence is not acceptable - legitimate protests are

Arutz 7    The riots in Tel Aviv Sunday by Ethiopian protesters have prompted politicians to comment on the situation. Speaking with Public Security Minister Yitzhak Aharonovitch, Prime Minister Binyamin Netanyahu said that there was definitely good reason to examine the issues raised by protesters, “but there is no place for violence and violations of the law.” Netanyahu has called a government meeting for Monday to discuss Sunday's riots.

Aharonvitch said that there was “no doubt that the protesters have justified complaints. In Ofer Prison today, 19% of the inmates are Ethiopian, and there have been times where 40% of the inmates have been from that community. But they do not have a permit for this protest, and that makes it illegal.

“We have to understand the root causes of the protests,” Aharonovitch said. “I see what happens in my hometown of Netanya, I see the problems. But you cannot take a single incident – in this case the video of violence by a police officer – and turn it into a reason for a riot. These things happen, with Ethiopians, with Russians, with Arabs, with immigrants from France. The solution is not just with the police. On Monday there will be a government meeting about this,” said Aharonovitch. “I hope we will find some solutions.”[...]

Thursday, April 30, 2015

Issues in Divorce: Destroying one's children to spite an ex-spouse- INTERFERENCE WITH PARENTAL RIGHTS OF NONCUSTODIAL PARENT

This is the first in a series of posts dedicated to the hope that a certain father - who is an avid reader of this blog - will wake up to the fact that he is destroying his own children by permanently harming their psychological, intellectual and emotional development - solely to hurt his ex-wife. There is a special place in Hell for such behavior.


Edward B. Borris, Assistant Editor, Divorce Litigation
 
I. Introduction


Interference by one parent in the relationship of a child and the other parent is almost never in the child's best interests. In fact, in extreme cases, actions by one parent to alienate the affections of the child from the other parent, to interfere win the other parent's visitation rights, or to remove the child to a distant state or country can often lead to liability in tort. See generally E. Borris, "Torts Arising Out of Interference with Custody and Visitation," 7 Divorce Litigation 192 (1995). Tort liability is not always an option, however, as many courts refuse to award damages based upon interference with visitation rights. E.g., Cosner v. Ridinger, 882 P.2d 1243 (Wyo.1994)

A noncustodial parent is not always left without a remedy, however, simply because courts in that parent's jurisdiction refuse to recognize tort actions arising out of interference with his or her parental rights. This article discusses a different type of liability which may result from interference with the noncustodial parent's rights: loss of custody. The article will first discuss whether a party may generally obtain a change of custody based upon such interference. The article will then examine specific acts by a custodial parent which may cause a court to change custody, including denial of visitation rights, alienation of the child's affections away from the noncustodial parent, and removal of the child to a distant jurisdiction. The section on alienation of the child's affections includes a discussion of Parental Alienation Syndrome (PAS) and recent cases that have dealt with PAS. The article concludes with a suggestion of possible provisions that practitioners may insert in custody decrees in order to prevent future problems between custodial and noncustodial parents.

II. Interference Amounting to a Substantial Change in Circumstances

Most courts and experts agree that except in unusual cases it is most important for a child to have a strong relationship with both parents. Thus, courts will typically conclude that an award of custody to the parent who is most likely to foster a relationship between the child and the other parent is in the child's best interests. For this reason, if a custodial parent has demonstrated in the past a pattern of interference with the relationship between the child and the noncustodial parent, unless other facts dictate a different holding, courts will frequently conclude that a substantial change in circumstances justifying a change of custody has occurred.

Not surprisingly, there is a long-standing tradition of awarding a change of custody where the custodial parent has interfered with the parental rights of the other parent. The Court of Appeals of Maryland clearly established this point in Berlin v. Berlin, 239 Md. 52, 210 A.2d 380 (1965). In Berlin, the parties entered into a written separation agreement. Pursuant to the agreement, incorporated into the court's order, custody of the children was awarded to the mother, and the father received reasonable visitation rights. In addition, the parties also agreed that the mother would notify the father if the mother moved out of the Washington metropolitan area. Subsequently, the mother began denying the father his right to visitation. For this reason, the father requested a change in custody. The trial court granted the father's request, and the mother appealed. [...]

V. Conclusion

As the authority cited in this memorandum indicates, while obstruction of the noncustodial parent's relationship with the child will often lead to a change in custody, such a change is not guaranteed. Courts appear to recognize that the detriment to a child caused by occasional failures to turn a child over for visitation does not automatically require a change of custody. See Humphrey v. Humphrey, 888 S.W.2d 342 (Mo.Ct.App.1994) (no change of custody was warranted where mother failed to honor father's visitation rights on only one occasion). If, however, a custodial parent has developed a pattern of refusing to allow visitation or otherwise interfering with the noncustodial parent's relationship with the child, the court should award a change in custody. E.g., Sullivan v. Sullivan, 216 A.D.2d 627, 627 N.Y.S.2d 829 (1995) (modification of custody was justified where mother consistently violated court-ordered visitation and telephone contact).

In order to prevent a child's relationship with the noncustodial parent from deteriorating, certain provisions should be standard in every custody decree. First, every decree should require each person with a right to custody or visitation to foster the relationship between the child and other persons who have a right to custody or visitation. Second, every decree should state that persons who have custodial or visitation rights should not speak ill of another person who has custodial or visitation rights. Third, practitioners should consider placing restrictions on a custodial parent's right to relocate without informing the court or the noncustodial parent. Otherwise, similarly to the father in In re Marriage of McDole, supra, the noncustodial parent may surprisingly discover that the custodial parent has left the jurisdiction without a forwarding address.

These three provisions will not guarantee that no problems with custody or visitation will occur. Rather, a custodial parent who desires to destroy the relationship of the child with the noncustodial parent will succeed unless stopped. If, however, the above provisions are inserted into the decree, a violation of a specific provision could lead to a contempt citation. While not a panacea, the above three provisions may give the noncustodial parent the extra edge which he or she may need in a postdissolution custody proceeding. Furthermore, since the provisions encourage a strong relationship between both parents and the child, such provisions are generally in the child's best interests.

Schlesinger Twins:Rabbi Jacobs of Birmingham supports Beth





Wednesday, April 29, 2015

Baltimore mayor under pressure after 'space to destroy' remark - views the "T" word insulting as the "N" word

Pressure was growing on Tuesday on Baltimore mayor Stephanie Rawlings-Blake to lead the city away from violence after she was accused of delaying an emergency response and making statements alternately criticized as inciting riotous protests and dismissing protesters’ concerns.

At a news conference, Rawlings-Blake said she had ordered police to “give those who wished to destroy space to do that”.

On Monday night she made a testy appearance at a news conference in which she referred twice to protesters as “thugs”.




The mayor’s office later said Rawlings-Blake’s comments on Sunday had been misunderstood. “The mayor is not saying that she asked police to give space to people who sought to create violence,” the office said in a statement. “Any suggestion otherwise would be a misinterpretation of her statement.” 

Baltimore was the scene of violent clashes on Monday between protesters and police after a funeral for Freddie Gray, a 25-year-old man who died on 19 April from an unexplained spinal injury sustained while in police custody. At least 27 people were arrested and 15 police officers were injured, according to officials. [...]
=========================================

Baltimore Mayor Apologizes For Calling Protesters 'Thugs'

Huffington Post

Baltimore Mayor Stephanie Rawlings-Blake (D) is walking back critical comments she made about the violent protests in response to the death of Freddie Gray.

During the height of the protests on Monday, Rawlings-Blake referred to the protesters as "thugs" in a press conference.

"What we see tonight ... is very disturbing," she said Monday evening, the same day a funeral was held for the 25-year-old who died in police custody. "It is very clear that there's a difference between what we saw last week between the peaceful protests ... and the thugs, who only want to incite violence and destroy our city. I'm a life-long resident of Baltimore. Too many generations have spent their lives building up this city to have it destroyed by thugs, who in a very senseless way are trying to tear down what so many have fought for."
On Wednesday, she apologized on Twitter.

"I wanted to clarify my comments on 'thugs.' When you speak out of frustration and anger, one can say things in a way that you don't mean," she wrote. "That night we saw misguided young people who need to be held accountable, but who also need support. And my comments then didn't convey that."

Many who took issue with Rawlings-Blake's use of "thugs," including some of her fellow city leaders, argued that the word is racially charged. Baltimore City Councilman Carl Stokes suggested on Tuesday night that instead of calling the protesters "thugs," she may as well have used the n-word. [...]

Rav Sternbuch: Saving others from sin - Paying compensation after breaking a computer used to watch pornography

 Update: Added example of vigilante justice regarding the beating of an elderly woman as the result of mistaken allegations that she was involved in Nachlaot pedophile ring.

This teshuva (volume 6 # 292) is relevant in many situation where a person sees something seriously wrong and acts to prevent sin or harm to others. Is a psak needed? Is compensation required? This gemora (Bava Kama 28a) has been applied to a diverse numbers of situations - a teaching taking away a phone or gadget from a student, wife beating, husband beating for refusing to give a get, attacks on individuals who are viewed as threats to community, destroying a woman's sheitel or clothing viewed as immodest It involves attacking another person or his property because he has a different set of standards which the assailant views as sinful. A related issue is whether the owner of the computer has the right to defend his property against the attack and whether he needs to pay compensation for damaging the righteous assailant and his property.

In short this deals with parameters of vigilante justice







--

==================================

Vigilante justice - a 72 year old woman was severely beaten - because of mistaken belief she was involved in the Nachlaot Pedophile panic - and it was believed that the police would not handle the matter properly. See the video  below. The story is the second one on the news report

I was told that the judge accepted Rav Shapiro's explanation of his words and the charges against him were dropped.

Nana10

הרב משה שפירא אמר לארבעה מחסידיו לתקוף קשישה בת 72. הוא האשים אותה במעורבות בפרשת הפדופיליה שהייתה בשכונת נחלאות בירושלים לפני שנתיים וחצי. "צריך להכות אותה עד לאשפוז, לא יהיה איכפת לי אם לא יהיה את מי לאשפז"
הרב משה שפירא, העומד בראש קהילה גדולה של חוזרים בתשובה בירושלים, אמר לארבעה מחסידיו לתקוף קשישה בת 72. בתיעוד שניתן לחדשות10 נראה הרב אומר: "צריך פשוט להכות אותה עד לאשפוז, וגם לא יהיה איכפת אם לא יהיה את מי לאשפז".

לפני כשנתיים וחצי הסעירה פרשת פדופיליה שהתרחשה בשכונת נחלאות בירושלים את הקהילה החרדית בשכונה. המשטרה עצרה שלושה חשודים במעשה, אך בקהילה נוצר חשד שהמעשים בוצעו בדירתה של ש', הקשישה שהותקפה. "צריך להיכנס אליה הביתה ולהחריב אותו. נכנסים כמה גברתנים רעולי פנים ועושים שם שמות, לוקחים גרזנים והורסים את הכל", הוסיף שפירא

לאחר שהבהיר בפני חסידיו כי אי אפשר לסמוך על המשטרה ועל הראיות שהשיגו, החליטו ארבעה מהם, אבות לילדים שהותקפו מינית לכאורה בפרשה, לתקוף את ש'. הם נכנסו לביתה, היכו אותה בכל חלקי גופה, כפתו אותה באזיקונים, חקרו אותה והמשיכו להלום בה עד שרגלה נשברה<
"

Epstein Torture for Get case: FBI request for search warrant concerning Rabbis Epstein, Wolmark, Ralbag Steinberg, and Belsky

See page 9-10 describing the Targets of this search warrant (September 2013)






Telephone Shiur: Beth Din and Coercing a GET - by Rav Dovid Eidensohn

Telephone Conference Shiur #5 Wednesday April 29 9:30 p.m.

Call 605-562-3130 insert code 411161#


Beth Din and Coercing a GET

1. Even Hoezer 77 paragraphs 2 and 3 make it clear that in general it is forbidden to coerce a husband to divorce his wife despite her demands and protests. And yet there are some times when a husband can be forced to divorce his wife, such as when it is forbidden to live with a relative see EH 154.

2. Even Hoezer 1:3 should we force somebody over twenty years old to marry? Shulchan Aruch says yes and Ramo says the custom is not to force people in choosing a mate in marriage even if they are not doing the mitzvah properly. See the Gro there #9,#10 seems to approve of forcing people to fulfill the mitzvah not like the Ramo but like the Shulchan Aruch. Here forcing a mitzvah is permitted by some authorities, but forcing a GET is in general not permitted.

3. See Ramo in Shulchan Aruch EH I:10 a man marries two wives can we force him to divorce one. Two opinions in Ramo. Here two wives is a sinful marriage because of Cherem Rabbeinu Gershon not to marry two wives. And in a sinful marriage a divorce can be forced.

4. When the Shulchan Aruch rarely approves of forcing a husband to give a GET, how does this work? Today there are no mumchim. See gemora Gittin 88b. See also Choshen Mishpot beginning of Simon 1 in Nesivose, Tumim, and Ketsose in Simon 3.

5. Chazon Ish Gittin 99:2 when Beth Din mistakenly tells the husband he must give a GET and that is not the law, the GET is invalid for two reasons min haTorah. Thus a Beth Din has no power to force a GET when the Shulchan Aruch says the husband in that case cannot be forced. And if the Beth Din paskens without forcing the husband and the husband gives the GET the GET is invalid and the children are mamzerim diorayso.

6. What was the power of the Geonim to permit forcing a husband in defiance of the gemoras that clearly indicate that a husband in most cases cannot be forced to divorce? Tosfose Rid Gittin 89a based on gemora Bovo Basra מצוה לשמוע לדברי חכמים. What does this mean?

7. See also Tosfose Kesubose 63b AVOL discussion at length about coercing a GET.

8. Did the Geonim permit always to force a GET when the wife demands it, or was this a temporary ruling that is not applicable today? A machlokess HaRishonim in this see Ramban and Baal HaMoor on the Rif Kesubose 63b.

9. What is the authority of a Rov or a Beth Din to teach people the halacha and to insist that they obey? See Rashbo in Teshuva I:253.

Tuesday, April 28, 2015

Israeli police attack an IDF soldier for being disrepectful

Times of Israel  update: Two policemen have been suspended after video footage emerged on Monday showing them pummeling an Ethiopian-born IDF soldier, Damas Pakada, who alleged he was the target of a racist attack.

The incident took place in Holon, south of Tel Aviv, on Sunday evening, where police were cordoning off a street due to a suspicious object. 

“I feel terrible, and humiliated. This is a disgrace to the State of Israel,” Pakada told Channel 2 Monday. “It’s because of [my] skin color,” he said.

================================================================  
THIS DESCRIBES  A SECOND INCIDENT -  In another disgusting Israeli show of contempt for the IDF IDF officer attacked in Jerusalem’s Mea Shearim
 Times of Israel  An IDF officer in uniform was assaulted on Friday by an angry mob in Jerusalem’s ultra-Orthodox neighborhood of Mea Shearim, an attack condemned by Prime Minister Benjamin Netanyahu as “outrageous,” and by Shas leader Arye Deri as “an act of terror.”
Following an in-home visit with one of his soldiers, the platoon commander was surrounded by a group of dozens of ultra-Orthodox individuals who began threatening him and pelting him and his car with eggs, stones, bags of water and soiled diapers. His car sustained significant damage.
Netanyahu condemned the assault, calling for the officer’s attackers to be brought to justice.
“This is outrageous. The offenders who raised their hands against an IDF officer must be dealt with to the fullest extent of the law. IDF service is a source of pride. The IDF is the people’s army and protects everyone. All population groups in Israeli society serve in its ranks; this is how it has been and how it will continue,” the PM said.
Arye Deri, leader of the ultra-Orthodox Shas party, called the attack “an act of terror” by “Jewish extremists.”  He also called on the police to bring the perpetrators to justice.[...]