Not only has former Vice President Walter Mondale officially been named as the replacement candidate for Paul Wellstone in the Minnesota senate race, but a poll published Wednesday shows Mondale with an 8 point lead over Norman Coleman, the Republican candidate "handpicked by the White House."

From the sponsors of the website Stop Prisoner Rape:

"The FBI just released its report on crime statistics, but it left out something important: All male victims are excluded from its numbers on rape. Why? Because the FBI’s classifications for crimes were developed in 1929 and have never been updated to reflect the reality that many men are victims of rape, especially in prison."

"Stop Prisoner Rape, a Los Angeles-based nonprofit human rights group, is calling on the FBI to reform this blatantly sexist approach to dealing with male rape victims."

You can read their press release here.

Via Atrios, a 2001 Village Voice article: The Castration of Wayne DuMond by Ward Harkavy.

The article reports DuMond's lawyer, John Wesley Hall, as saying:

"Bill Clinton is the only person in Arkansas without any balls," recalled John Wesley Hall, DuMond's attorney during their futile appeals and no enemy of Clinton. "He would fence-straddle to the extreme, and that created false expectations in some people."

John Hall is an excellent criminal defense attorney in Arkansas and author of legal text books for West Publishing on Ethics and on Searches and Seizures. We hope to see him at the NACDL board meeting this weekend and will ask him about the case, and report back here if there's anything to share. John was the recipient of the organization's prestigious annual Robert C. Heeny award this year.

Thinking it Through and Daily Kos have also been covering the Hucklebee-Dumond story. We need to do some research before we comment on this one.

This morning, Scott Turow will appear on NPR's Dianne Rehm show to discuss his new book, Reversible Errors, at 11 am. The lawyer and novelist talks about the fictional death-row case at the center of his new novel, and about his real-life role on the commission reviewing the use of the death penalty in the state of Illinois.

From the Los Angeles Times Tuesday, Bratton Takes Reins at LAPD:

"Bratton, who was officially sworn in at a private City Hall ceremony Friday, donned his midnight blue uniform for the first time Monday for an outdoor celebration that included a police band, bagpipes, officers on horseback, a choir and a helicopter flyover. Gov. Gray Davis, Mayor James K. Hahn, hundreds of dignitaries, including former chiefs, rank-and-file officers and members of the public and media attended."

"Speaking without notes, Bratton repeated his promise to make Los Angeles the safest big city in America--the charge given to him by Hahn. He called on LAPD officers to fulfill the promise "on the side of each and every one of your black and whites ... that world-famous motto: 'To protect and serve.' "

"It is a very thin blue line--9,000 for a city this large," Bratton said. "I want to talk very bluntly to you. The citizens of this city need you back in those streets. They don't need you smiling and waving. They need you out of those cars, on those corners, in those parks taking back those streets."

For me, attending the ceremonies was a window into an entirely new and foreign world. I'm grateful I was invited to catch a glimpse of it.

The day began at 9:00 am at the LA Police Academy with a two hour breakfast reception. As expected, there were hundreds of men in blue. There was also live music, supplied by a police band and huge amounts of food. The atmosphere was very jovial.

The entire event was more like a coronation than a swearing in. Bill and his wife, Rikki Klieman, arrived around 9:15. The tv cameras were everyhere, as were the sound booms the audio guys run around with that look like giant dustmops.

I enjoyed meeting the Mayor, James Hahn and the early 60's singer Bobby Sherman who has been an LA police officer for the past 15 years. (Photo here.)

The swearing in ceremony began with a changing of the color guard by the police. On the dais were LA Mayor Hahn, California Governor Gray Davis, the entire LA Police Commission, the entire LA city council (except for one who couldn't make it), the former LAPD police chiefs and some other folks.

All were introduced and applauded. I was right up front, in the VIP section, along with criminal defense lawyer friends Mickey Sherman of Connecticut and Murray Richman of the Bronx. The three of us were there because we are friends of Rikki's and Bill's, not because we are enamored with police. And the three of us believe that if anyone can turn the LAPD around, it's Bill.

Governor Gray Davis spoke first, inviting Bill to come to him for funding and resources to fix the beleagured police department. Mayor Hahn was next, and then came Rick Caruso, the head of the Police Commission, who pinned the badge on Bill.

A word about Caruso. I had assumed the police commission would be composed of cops, and that Caruso, as its head, would be a high-up cop. Totally wrong, as I found out by sitting next to Caruso's brother-in-law during the ceremony. The police commission in LA, which is the group that makes the recommendation of three finalists for Chief to the Mayor, is a citizen's group, one composed of very influential and politically minded citizens. Rick Caruso's real occupation is that of real estate developer and magnate. He is a very articulate speaker. And as I'll discuss later, when we get to the party, he is an incredibly gracious host.

The only disconcerting moment of the ceremony was when former police chief Daryl Gates, who I disliked intensely as police chief, was introduced. The cops clapped louder for him than for anyone else on the dais. If I hadn't known before, I certainly realized then that Bill faces some large obstacles in his new job.

Caruso introduced Bill. Bill is a great public speaker and one who doesn't use notes. Bill gave LA such a buildup that I was almost sorry I didn't live there to take pride in it. After the praise for LA, Bill said the cops would have to stop driving around in their cars waving and smiling at people and get back into the streets, interacting with the public and making arrests where warranted. He said the police have to learn to work with the community. He said the department can't succeed at fighting crime unless there is a partnership between the police and and the community. He said they would go into the streets and take them back from the gangs and that he would make sure the officers were safe by providing them with a lot more training.

That is a big issue in LA--the gangs. None of the LA residents I spoke to believe the gangs can be taken out. They say the gangs are too powerful and their members too willing to risk their own lives.

Bill thinks he can take down the gangs. He is going to start by going after graffiti artists. I certainly have some civil liberty concerns about this "broken windows" method of policing, but am willing to give Bill the benefit of the doubt because I know he strongly believes in constitutional rights. Maybe he can accomplish a reduction in crime and a dismantling of the gangs fairly without a wholesale violation of civil rights. I hope so.

After Bill's speech, the bagpipes played and the procession started off the field. It was a gorgeous, sunny day in LA which contributed to my overall feeling that the ceremony had been uplifting and a much needed shot in the arm for LA.

I could sense the crowd's support for Bill. It was fun seeing Rikki, such an independent career woman and a former tough criminal defense attorney, up there on the dais in the role of supportive wife. She was loving every minute of it.

If you want to read about the evening party, here's more:

After leaving the swearing-in ceremony for LA Police Chief William Bratton, we headed up to Beverly Hills for a great lunch at Ivy and to catch some of the Winona Ryder shoplifting trial. We wanted to say hello to her lawyer, Mark Geragos, and see for ourselves how the trial was going. We sat in on the testimony of the police officer who related the entire story of how Winona was followed around the store and then arrested.

Winona looked beautiful and listened intently. The courtroom was filled, mainly with journalists. Mark is upbeat about his defense, that Winona was set up because of her celebrity, that the police have changed their stories several times, they treated her rudely and unfairly and no one saw her cut the tags or plastic theft-stoppers off the items she is alleged to stolen.

One spectator of note was Mark Klass, father of Polly Klass, who after her murder several years ago, became a leading child's rights advocate. We have debated him many times on tv, usually ending in a screaming match, and have never agreed with him on any topic. We were very polite when we saw him at the trial, however, and asked him why he was there. He told us he has been attending regularly to support Winona because she has been a big supporter of his child victim's advocacy foundation.

We believe that the DA's are treating Winona differently and more harshly because of her celebrity. The resources the city is spending to prosecute her for a first shoplifting offense is unprecedented. We think anyone else would have been offered a deferred judgment or a misdemeanor plea. Why is the prosecution so intent on getting a felony from her? If we were a taxpayer in Beverly Hills, we'd be angry and demand an explanation.

The final FBI 2001 crime statistics are now out, you can read them here.

A cautionary note: These are reported crimes, and most, but not all, jurisdictions are included. The "victimization" survey from the U.S. Bureau of Justice Statistics includes estimates of the many crimes not reported to authorities.

Also of note in the report are the statistics on marijuana arrests. From a press release today by NORML:

Marijuana Arrests For Year 2001 Second Highest Ever Despite Feds' War On
Terror, FBI Report Reveals

Washington, DC: Police arrested an estimated 723,627 persons for marijuana violations in 2001, according to the Federal Bureau of Investigation's annual Uniform Crime Report, released today. The total is the second highest ever recorded by the FBI, and comprises nearly half of all drug arrests in the United States.

"These numbers belie the myth that police do not target and arrest minor marijuana offenders," said Keith Stroup, Executive Director of the National Organization for the Reform of Marijuana Laws (NORML). "In fact, the war on drugs is largely a war on pot smokers. This effort is a tremendous waste of criminal justice resources that should be dedicated toward combating serious and violent crime, including the war on terrorism."

Of those charged with marijuana violations, 88.6 percent - some 641,108 Americans - were charged with possession only. The remaining 82,518
individuals were charged with "sale/manufacture," a category that includes all cultivation offenses - even those where the marijuana was being grown for personal or medical use.

The total number of marijuana arrests far exceeds the total number of arrests for all violent crimes combined, including murder, manslaughter, forcible rape, robbery and aggravated assault.

YEAR MARIJUANA ARRESTS
2001 723,627
2000 734,498
1999 704,812
1998 682,885
1997 695,200
1996 641,642
1995 588,963
1994 499,122
1993 380,689
1992 342,314

Cynthia Tucker writes in today's Atlanta Journal Constitution that the clamor to kill Malvo is dead wrong. We agree:

"The dead felled by the snipers' three-week rampage deserved a dignified pursuit of justice, but they will not get it. The prospect of headlines and political advantage have proved too seductive for Washington-area prosecutors, who are practically trampling one another for the right to execute the accused. Their conduct is one more stain on the already mottled image of American jurisprudence. "

"But this nation ought to be nobler and wiser than to execute a young man not much older than the 13-year-old victim. No matter how eagerly --- or equally --- Malvo participated in the crime spree, he should not be judged equally culpable if he has not reached legal age. "

Ms. Tucker goes on to outline the reasons for not executing Malvo - please, give it a read.

The feds became the sixth jurisdiction to file charges against alleged snipers Muhammed and Malvo today as tensions rose over who will prosecute.

The text of the Federal complaint against the alleged snipers as well as the Maryland, Virginia and Alabama charges are available in one place on Findlaw, here.

Because the two are in federal custody, it will be Attorney General Ashcroft who makes the final decision. His aides said he is still studying the matter, trying to figure out where Muhammed faces the greatest likelihood of the death penalty. Malvo is not eligible for the federal death penalty because he is only 17.

The federal complaint alleges the pair were plotting the sniper attacks for months. Meanwhile, Maryland prosecutors accused the feds of "grandstanding."

Maryland is further upset because an FBI agent and a Maryland detective allegedly had gotten Muhammed to talk to them about the root of his anger when they were told to stop the interrogation due to the feds filing charges. Malvo still isn't talking.

The Ninth Circuit Court of Appeals ruled today that Doctors Can Recommend Marijuana and that the federal government cannot revoke their physicians' licenses for doing so.

California, Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington have medical marijuana laws.

"The government argued that doctors were aiding and abetting criminal activity for recommending marijuana because it's an illegal drug under federal narcotics laws."

"But the appellate court said doctors could be liable only if they actually assisted patients in acquiring marijuana. Merely recommending the drug "does not translate into aiding and abetting, or conspiracy" according to the new ruling.

You can read the full opinion here.

We loved Scoobie Davis' post Republican Sexual Hypocrisy which has a transcript of his conversation with Sean Hannity resulting from Scoobie's call-in to Hannity's radio show.

We agree with Scoobie that Newt Gingrich's serial wife-dumping was worse than Bill Clinton's sexual escapades. In 1981, Newt dumped his first wife, Jackie Battley, for Marianne, wife number 2, while Jackie was in the hospital undergoing cancer treatment. Marianne and Newt divorced in December, 1999 after Marianne found out about Newt's long-running affair with Callista Bisek, his one-time congressional aide. Gingrich asked Marianne for the divorce by phoning her on Mother's Day, 1999. [Source: New York Post, July 18, 2000, Newt's Ex Wife Aiming to Pen Book by Bill Sanderson, available on lexis].

Newt (57) and Callista (34) were married in a private ceremony in a hotel courtyard in Alexandria, Va. in August, 2000. Here's a fuller description, from a commentary by Doug Sanders of the Cato Institute published by the Copely News Service on August 21, 2000:

"Gingrich's misbehavior goes back years. Fidelity was apparently never his strong point. After marrying his high school math teacher, Jacqueline Battley, even he admits: ''In the 1970s, things happened.''

"As a congressional candidate, he conducted an affair in 1977, a year before enlisting Jackie to write a letter attacking his opponent for planning to leave her family in the district: ''When elected, Newt will keep his family together,'' declared one unintentionally hilarious campaign ad. Gingrich ended his 19-year marriage shortly after his victory."

"He famously visited Jackie in the hospital where she was recovering from surgery for uterine cancer to discuss details of the divorce. He later resisted paying alimony and child support for his two daughters, causing a church to take up a collection. For all of his talk of religious faith and the importance of God, Gingrich left his congregation over the pastor's criticism of his divorce."

"Soon thereafter, Gingrich married Marianne Ginther, whom he had previously met at a political fund-raiser. He called her ''the woman I love'' and ''my best friend and closest adviser'' in his first speech as House speaker, in January 1995... Yet, his relationship with Bisek, a House employee, apparently extended back to 1993 while he was talking of reforming the corrupt welfare state and promoting society's moral regeneration. Rumors of his relationship with Bisek, more than 20 years his junior, did not stop him from writing his political testament, in which he criticized sex outside of marriage, promoted traditional family life and opined that ''any male who doesn't support his children is a bum.''

"In May 1999, however, Gingrich called Marianne at her mother's home. After wishing the 84-year-old matriarch happy birthday, he told Marianne that he wanted a divorce."

And from "Newt's a Beaut" by Mickey Porter published in the July 25, 2000 edition of the Akron Beacon Journal:

"Gingrich's most recent ex-wife says he ditched her eight months after finding out she had multiple sclerosis. Marianne Gingrich, 48, shopping a book proposal "both personal and political" about how women are treated in D.C., says the ex-speaker of the House told her on Mother's Day 1999 that he wanted a divorce, after learning she had a neurological condition that could lead to MS. In 1981, the former congressman told his other ex-wife, Jackie Battley, that he was dumping her, after she had been hospitalized with cancer. Newt, 57, will wed ex-congressional aide Callista Bisek, 34 -- with whom he had an affair while still married to Marianne -- on Aug. 18. "

(Due to spammers, comments have been disabled on this post.)

We are on our way home and will resume posting late tonight or tomorrow. LA was wonderful after our experience in Minn./Saint Paul last Friday. The only downside was lack of dsl or wireless so we couldn't post, surf around or even update our newsfeed as we would have liked.

We'll post on the swearing in of LA Police Chief Bill Bratton and the celebratory reception later, just wanted you all to know we have missed reading our favorite blogs, and thanks to Skippy for sticking up for us on the "editorial we" in the comments to our Wellstone post and thanks also to Eric Alterman for linking to it. We've had a lot of referrals from Liberal Oasis and Atrios, too.