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Blind man wins excessive force case against Denver police officer - A federal jury Friday awarded a blind man $400,000 in a lawsuit filed after his head was slammed into a counter by a Denver police officer.

A photo of Philip White after the altercation.

A photo of Philip White after the altercation. (Courtesy of Killmer, Lane & Newman, LLP)

A federal jury Friday awarded a blind man $400,000 in a lawsuit filed after his head was slammed into a counter by a Denver police officer.

Philip White of Eagle sued Denver police Officer Kyllion Chafin and another officer over a May 22, 2012, incident at the downtown Greyhound Bus Terminal.

White, who was in Denver at a conference on technical advancements to assist the blind, was trying to return to Eagle when the incident unfolded, said his attorney, Darold Killmer.

White had planned to catch a bus to Vail and take a van to Eagle.

At the downtown station, White was told that the bus was full and he couldn't get on board. White wanted to discuss options with staffers at the terminal, but he eventually was told by a security guard that he was "trespassing" and he'd have to leave the terminal, according to court documents.

White declined to leave, and the security officer called police.

Chafin was among the responding officers.

When he arrived, White was on his phone with 911, asking police whether they could help him.

White asked Chafin whether he could "touch" his badge, a blind man's way of verifying that Chafin was indeed a police officer.

Chafin declined.

Instead, he wrenched White's arms behind his back and pushed him forward, slamming White's head into a ticket counter, according to court documents.

Bleeding from the head, White was handcuffed and taken to the Denver jail. He was released about eight hours later, near midnight. No criminal charge was filed against White.


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"We are very gratified that the jury recognized that Denver police Officer Chafin engaged in excessive force," Killmer said. "The police officer's aggressive, bullying response was inexcusable. He bloodied and brutalized an elderly disabled man who never in his 77 years had any run-ins with police."

The case, filed in U.S. District Court, went to trial Monday. The jury began deliberating Thursday and came back with a verdict Friday afternoon.

The verdict includes $100,000 in compensatory damages and $300,000 in punitive damages.

"We respect the court and we repect the jury's decision," said Sonny Jackson, a police spokesman. "We reviewed the case. We didn't find any violations of policy. We are always looking for ways to improve."

In 2008, Chafin was commended by the police department for his role in preventing an armed man from committing suicide.

White, now 80, is a retired public schools administrator who has a master's degree in education.

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Harvard Law Library Readies Trove of Decisions for Digital Age: "to create a complete, searchable database of American case law that will be offered free on the Internet, allowing instant retrieval of vital records that usually must be paid for."

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Beverly Hills fined for not conserving enough water in drought

Upscale Beverly Hills is among four California cities whose water utilities have been fined for not forcing residents to conserve enough water during California's unrelenting four-year drought, officials said on Friday.

The wealthy Los Angeles area municipality was fined $61,000 on Thursday, making it the only community not located in a desert to be assessed penalties, the California State Water Resources Board said.

"Some urban water suppliers simply have not met the requirements laid before them," said Cris Carrigan, director of the water board's Office of Enforcement. "For these four suppliers, it's been too little too late."

"For those who aren't (conserving) and who are wasting water, you should be ashamed of yourselves," Carrigan said.

Californians are under orders from the water board and Democratic Governor Jerry Brown to cut usage by 25 percent over the levels used in 2013. As a whole, the state has met that goal for four months running, regulators said on Friday.

From June through August, California residents and businesses have saved 253 billion gallons of water, board Chairwoman Felicia Marcus told reporters.

But the cities of Beverly Hills, Indio and Redlands and the Coachella Valley Water District have not met the standard, and each were fined $61,000, the board said.

Beverly Hills, where some wealthy property owners continue to maintain lush green lawns despite orders to conserve, residents used about 169 gallons of water per person during September, compared with 68 gallons used by residents of Los Angeles.

Beverly Hills residents have wasted 175 million gallons of water since June, Carrigan said on the conference call.

'POCKET CHANGE'

One former Beverly Hills resident, Richard Greene, said the fine was far too small for what he said was possibly the richest city in the country, if not the world.

"Wow, ouch ... It actually seems to minimize the importance of water conservation when you're fining the wealthiest municipality $61,000, which is pocket change for most of the people you see walking up and down this street," Greene said.

Beverly Hills spokeswoman Cheryl Friedling said in a statement that the city is very concerned about not meeting the conservation mandate, and that it has been working aggressively toward that goal, even setting up a program to impose financial penalties on customers who waste water.

But she said the program did not start until this month. The city also plans to hire additional staff to investigate violations of conservation rules and put individual customers on personalized conservation programs if necessary.

Beverly Hills resident Prashant Raj was against the fine.

"But I would also say that people should just be aware of how they utilize the water," he said.

The municipalities and utilities that were fined were all warned in August they were not meeting the state's targets, Carrigan said. He said he expected them to pay the fines from reserve funds and did not know whether the agencies would seek to recoup the money from ratepayers.

Regulators urged continued conservation even if the El Nino weather phenomenon brings winter storms, because the rain may not fall far enough to the north to replenish vital mountain snowpack that melts in the spring to feed the state's streams and reservoirs.

"We're in a tough pickle on this," Marcus said. "We have to prepare for drought and flooding at the same time."

(Reporting by Sharon Bernstein; Additional reporting by Jane Ross; Editing by Eric Beech, David Gregorio and Ken Wills)

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2 Teens Buy 100 Mcdonald's Sandwiches To Feed Homeless In Los Angeles

LOS ANGELES (KABC) --

A video of two teenagers feeding the homeless in Los Angeles has gone viral.

Lance Stewart, 18, and his friend Adin Kolansky went into a McDonald's restaurant and ordered 100 McDouble sandwiches.

The surprised employees fulfilled the order, which came out to $151. The teens then gave away all the sandwiches to homeless people.

When they ran out, they bought more food at a nearby drugstore.

"I just thought it would be a very great opportunity to go out and help every single person that I could possibly do in a day. We probably did it for about six hours straight," Stewart said.


In just eight hours of posting the video, it had more than 1.8 million views on social media. The teens said they hope the video inspires others to spread kindness.

(Copyright ©2015 KABC-TV. All Rights Reserved.)

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As Heroin Use by Whites Soars, Parents Urge Gentler Drug War

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Police 'to be given powers to view everyone's entire internet history'

Police are to be given the power to view everyone's entire internet history in a new surveillance bill to be published next week, according to reports.

The proposed legislation will make it a legal requirement for telecoms and internet service providers to retain all of the web browsing history for all customers for a period of 12 months, according to the Daily Telegraph.

Authorities such as the police, intelligence services and the National Crime Agency would be able to access specific web addresses people had visited, but would need approval from a judge to view the content of websites, emails and social media messages.

Police have argued that the powers are necessary due to the scale of activity being carried out online, with The Guardian reporting that police have lobbied the Government for the change.

Richard Berry, the National Police Chiefs' Council spokesman for data communications, told the newspaper: "We essentially need the 'who, where, when and what' of any communication – who initiated it, where were they and when did it happened.

"And a little bit of the 'what', were they on Facebook, or a banking site, or an illegal child-abuse image-sharing website?

"Five years ago, [a suspect] could have physically walked into a bank and carried out a transaction. We could have put a surveillance team on that but now, most of it is done online. We just want to know about the visit."

He acknowledged it would be too intrusive for police to be able to access the content of social media messages and internet searches without the requirement for a judicial warrant.

Next Wednesday's bill is expected to be a revival of Home Secretary Theresa May's so-called 'snooper's charter', which suffered a setback earlier this year when an independent review rased doubts over moves to store every person's web-browsing history.

Police bravery celebrated

David Anderson, the Independent Reviewer of Terrorism Legislation, said the case had not been made for demanding full records of web-browsing histories, noting that he knew of no other Western countries which forced service providers to retain "weblogs" and that new Australian legislation had been drafted in such a way as to prevent that happening.

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U.S. to deploy ground troops in Syria

The U.S. will send a small number of U.S. special operations forces into Syria as part of a shift in its strategy against ISIS, White House officials announced Friday.

President Barack Obama has authorized a contingent of fewer than 50 commandos to deploy into northern Syria and work with moderate opposition forces who are fighting the militants.

While the White House has consistently said it would not put U.S. boots on the ground, spokesman Josh Earnest insisted that they will be there in a "train, advise and assist mission" — and not in a combat role.

"It will not be their responsibility to lead the charge up the hill," he said. But he acknowledged they will be in a perilous situation: "There is no denying the amount of risk they are taking on here."

Related: Pentagon Ends Program to Train Syrian Rebels

Earnest called the additional forces an "expansion" but not a "change" in U.S. strategy against ISIS. He was unable to detail what the special operators will do, citing security concerns.

He also didn't deny the suggestion that the increase in forces would not turn the situation around in Syria, where President Bashar Assad remains in power.

Obama "has been quite clear that there is no military solution to the problems that are plaguing Iraq and Syria — it's a diplomatic one," Earnest said.

A senior U.S. official earlier told NBC News that the special operations forces will work alongside groups with a "proven track record" of fighting ISIS.

That could include working with Kurdish and allied actors who have come together under the umbrella of the "Syrian Democratic Forces," the official said, speaking on condition of anonymity before the announcement was made.

Rep. Mac Thornberry, chair of the House Armed Services Committee, said the expected announcement made clear the White House was feeling the pressure of a "failed policy" against ISIS.

"I'm concerned that the administration is trying to put in place limited measures — too late — that are not going to make a difference," he told NBC News. "I don't see a strategy towards accomplishing a goal, I see an effort to run out the clock without disaster."

Obama and his administration have come under mounting pressure amid signs the anti-ISIS coalition has stalled or at least failed to turn the tide against the militants — including the recent Pentagon decision to abandon a failed program to train and equip Syrian rebels.

Small signs of a sea change in strategy have been filtering out in recent weeks and gained steam in the wake of a U.S.-backed raid to free ISIS hostages that cost the life of a Delta Force commando.

Defense Secretary Ash Carter warned earlier this week that to expect more such raids when he told the Senate Armed Services Committee that the Pentagon would be stepping up attacks against ISIS — including through "direct action on the ground" in Iraq and Syria.

Carter's remarks — in testimony to the Senate Armed Services Committee — immediately raised eyebrows given repeated assurances from Obama that U.S. troops in the region would not engage in combat.

The defense secretary himself referred to the aforementioned raid as "combat," where "things are complicated," in his comments to the committee.

After news of the announcement first leaked, at least one member of the Senate Armed Services Committee questioned how Congress has "failed" to perform one of its most fundamental duties — to debate and vote on the authorization of military force.

"The decision of whether to place citizens in harm's way in defense of this nation — to declare war — must be made by the people through their elected representatives," Sen. Tim Kaine, D-Va., said in a statement. "It is time for Congress to do its most solemn job — to debate and declare war."

Earnest said at Friday's news briefing that Congress had already given the executive branch in 2001 the right to take action in fighting terrorists. In addition, he said, the Obama administration has been pushing this year for Congress to take up legislation that authorizes the U.S. to formally fight ISIS, but lawmakers have been skeptical.

The U.S. currently has around 3,300 troops in Iraq to train and advise Iraqi forces and protect U.S. facilities.

Earnest said Friday that Obama spoke with Iraqi Prime Minister Haider al-Abadi by telephone earlier to assure him of the U.S.'s commitment to destroying ISIS. He added that it was too soon to announce whether the U.S. would increase the special operations forces in Iraq as it is doing in Syria.

"I certainly wouldn't rule out something like that could be a possibility if it continues to be an element of our strategy" that works, Earnest said.

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Boy writes letter asking judge to keep mom in prison: "Dear Judge Peeler, I feel that my mom should stay in prison because I seen her stab my dad clean through the heart with my sister in his arms."

Exclusive: Boy Writes Letter Asking Judge to Keep Mom in Prison
MIDDLETOWN, Ohio —At a coffee shop in Middletown, Patty Todd wiped away tears as she reads a letter written by her 10-year-old grandson, Bradyn.

The two page letter is written in pencil, on a piece of loose leaf paper.

"Life for me would be 10 times better if mom didn't kill my dad. That took a big amount of happiness out of mine and my sister's lives," the letter said.

SEE ALSO:Birth control pill causes 23-year-old woman to suffer massive heart attack

Bradyn was just 4 years old, his sister Brooklynn was 15 months old when they watched their mother, Shannon Smith, stab their father, Robbie Takach, in the heart inside their Franklin apartment.

Smith had stabbed him and then pulled the knife out. It was like letting the water out of a dam," said Todd. "She pulled out the knife, she washed it clean and put it in the sink."

Todd describes what Bradyn told a counselor, "Bradyn said that his daddy put him in a corner because he had gotten in trouble and then his mother got mad. Robbie was holding his sister Brooklynn, and he said that she got a knife and she came at his daddy and he shoved her away and then she came back again and she stabbed him."

Smith was arrested and indicted for murder.

Her defense attorney at the time, Mike Allen, argued Smith killed her boyfriend in self-defense.

Takach's family said that was a lie.

"Robbie had one wound, straight through his heart, no defensive wounds," Todd said. "They didn't observe any type of marks on her. She claimed in court he had her in a choke hold and was trying to drag her to the bedroom. The police officer seen no marks on her."

In March 2010, a Warren County jury found Smith guilty of the lesser charge of voluntary manslaughter and tampering with evidence.

​SEE ALSO:Blind dog left on a park bench learns what love feels like

She was sentenced to 10 years in prison.

"I wanted 10 years for Bradyn and Brooklynn. Bradyn would be 15 and Brooklynn would be 13 and they would be old enough to make their own decisions," Todd said.

But now after serving a little more than half her sentence, Smith could be released soon.

A judicial release hearing is set for next week.

Todd, who has been raising her grandchildren, said she's going to fight this.

She's hoping Bradyn's own words are heard loud and clear.

"I think it would be better for me and my sister if my mom would stay in prison cause I am afraid of her. I have seen what she did to my dad," Bradyn wrote in the letter.

Charlie Rittgers who is representing Smith now said, "There's no question that this was a tragic story for both families, and I do know that Shannon is genuinely remorseful for her actions and hopes that at some point Robbie's family will be able to forgive her."

The judicial release hearing is set for Nov. 4 in front of Judge Robert Peeler.

Warren County Prosecutor David Fornshell said he will fight against Smith's release as well.

RELATED VIDEO: 1 in 14 children has a parent in prison:

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Judge tells 18-year-old offender he 'would probably be raped every day' in prison

A judge in New Mexico reportedly told an 18-year-old offender he would "probably be raped every day" if he went to jail.

The exchange happened in Albuquerque, New Mexico, USA where Isaiah Gay, 18, was standing trial for burglary. 

According to the Independent Journal Review, he told Judge Christina Argyres: "I did the things I did all because I was impulsive… I was just being young and dumb."

Judge Argyres reportedly responded saying: "Do you know what would happen… to a young dumb person in prison? Do you have any idea what would happen to you? You would probably be raped every day, for one. And I hate to sound like that, you know — rude, but that's exactly what would happen to you."

Mr Gay did not receive a prison sentence, but five years of probation. Part of the reason he received this punishment, it seems, is because Judge Argyres was concerned he would be someone's "bitch".

Addressing Bernalillo County Metropolitan Court, she said: "Again, he's going to be somebody's —I hate to use the word 'bitch', but that's exactly what he's going to be… so I am willing to put him on probation."

Mr Gay reportedly faced a 15-year jail term for the crime of 'burglarising homes' with friends. 

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Giant "crack" appears in the earth near Wyoming's Bighorn Mountains

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On Tuesday we shared a reader's photo of the giant "crack" in the earth in the Bighorns. Since then, we've learned a bit more about what may have caused the giant "crack" about ten miles south of Ten Sleep, according to a report in COUNTY 10.

SNS Outfitter & Guides Service posted a photo on their Facebook page with the following information that we are working to confirm:

"An engineer from Riverton, WY came out to shed a little light on this giant crack in the earth. Apparently, a wet spring lubricated across a cap rock. Then, a small spring on either side caused the bottom to slide out. [The engineer] estimated 15 to 20 million yards of movement. By range finder, an estimate is 750 yards long and about 50 yards wide."

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New species combining wolf, coyote, and dog emerges in eastern North America

LIKE some people who might rather not admit it, wolves faced with a scarcity of potential sexual partners are not beneath lowering their standards. It was desperation of this sort, biologists reckon, that led dwindling wolf populations in southern Ontario to begin, a century or two ago, breeding widely with dogs and coyotes. The clearance of forests for farming, together with the deliberate persecution which wolves often suffer at the hand of man, had made life tough for the species. That same forest clearance, though, both permitted coyotes to spread from their prairie homeland into areas hitherto exclusively lupine, and brought the dogs that accompanied the farmers into the mix.

Interbreeding between animal species usually leads to offspring less vigorous than either parent—if they survive at all. But the combination of wolf, coyote and dog DNA that resulted from this reproductive necessity generated an exception. The consequence has been booming numbers of an extraordinarily fit new animal (see picture) spreading through the eastern part of North America. Some call this creature the eastern coyote. Others, though, have dubbed it the "coywolf". Whatever name it goes by, Roland Kays of North Carolina State University, in Raleigh, reckons it now numbers in the millions.

The mixing of genes that has created the coywolf has been more rapid, pervasive and transformational than many once thought. Javier Monzón, who worked until recently at Stony Brook University in New York state (he is now at Pepperdine University, in California) studied the genetic make-up of 437 of the animals, in ten north-eastern states plus Ontario. He worked out that, though coyote DNA dominates, a tenth of the average coywolf's genetic material is dog and a quarter is wolf.

The DNA from both wolves and dogs (the latter mostly large breeds, like Doberman Pinschers and German Shepherds), brings big advantages, says Dr Kays. At 25kg or more, many coywolves have twice the heft of purebred coyotes. With larger jaws, more muscle and faster legs, individual coywolves can take down small deer. A pack of them can even kill a moose.

Coyotes dislike hunting in forests. Wolves prefer it. Interbreeding has produced an animal skilled at catching prey in both open terrain and densely wooded areas, says Dr Kays. And even their cries blend those of their ancestors. The first part of a howl resembles a wolf's (with a deep pitch), but this then turns into a higher-pitched, coyote-like yipping.

The animal's range has encompassed America's entire north-east, urban areas included, for at least a decade, and is continuing to expand in the south-east following coywolves' arrival there half a century ago. This is astonishing. Purebred coyotes never managed to establish themselves east of the prairies. Wolves were killed off in eastern forests long ago. But by combining their DNA, the two have given rise to an animal that is able to spread into a vast and otherwise uninhabitable territory. Indeed, coywolves are now living even in large cities, like Boston, Washington and New York. According to Chris Nagy of the Gotham Coyote Project, which studies them in New York, the Big Apple already has about 20, and numbers are rising.

Even wilier

Some speculate that this adaptability to city life is because coywolves' dog DNA has made them more tolerant of people and noise, perhaps counteracting the genetic material from wolves—an animal that dislikes humans. And interbreeding may have helped coywolves urbanise in another way, too, by broadening the animals' diet. Having versatile tastes is handy for city living. Coywolves eat pumpkins, watermelons and other garden produce, as well as discarded food. They also eat rodents and other smallish mammals. Many lawns and parks are kept clear of thick underbrush, so catching squirrels and pets is easy. Cats are typically eaten skull and all, with clues left only in the droppings.

Thanks to this bounty, an urban coywolf need occupy only half the territory it would require in the countryside. And getting into town is easy. Railways provide corridors that make the trip simple for animals as well as people.

Surviving once there, though, requires a low profile. As well as having small territories, coywolves have adjusted to city life by becoming nocturnal. They have also learned the Highway Code, looking both ways before they cross a road. Dr Kays marvels at this "amazing contemporary evolution story that's happening right underneath our nose".

Whether the coywolf actually has evolved into a distinct species is debated. Jonathan Way, who works in Massachusetts for the National Park Service, claims in a forthcoming paper that it has. He thinks its morphological and genetic divergence from its ancestors is sufficient to qualify. But many disagree. One common definition of a species is a population that will not interbreed with outsiders. Since coywolves continue to mate with dogs and wolves, the argument goes, they are therefore not a species. But, given the way coywolves came into existence, that definition would mean wolves and coyotes should not be considered different species either—and that does not even begin to address whether domestic dogs are a species, or just an aberrant form of wolf.

In reality, "species" is a concept invented by human beings. And, as this argument shows, that concept is not clear-cut. What the example of the coywolf does demonstrate, though, is that evolution is not the simple process of one species branching into many that the textbooks might have you believe. Indeed, recent genetic research has discovered that even Homo sapiens is partly a product of hybridisation. Modern Europeans carry Neanderthal genes, and modern East Asians the genes of a newly recognised type of early man called the Denisovans. Exactly how this happened is unclear. But maybe, as with the wolves of southern Ontario, it was the only way that some of the early settlers of those areas could get a date.

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Oregon teen diagnosed with Bubonic Plague

PORTLAND, Ore. – A 16-year-old Crook County girl has been diagnosed with bubonic plague, Oregon health officials confirmed.

The Oregon Health Authority said the girl likely acquired the disease from a flea bite during a hunting trip near Heppner on Oct. 16. She got sick five days later and was admitted to the intensive care unit at a Bend hospital.

No other people in Crook County have been infected with the plague, according to OHA spokesman Jonathan Modie.

Epidemiologists with Oregon Public Health and the Centers for Disease Control and Prevention are working with Crook, Deschutes and Morrow County health officials to investigate the illness.

"Many people think of the plague as a disease of the past, but it's still very much present in our environment, particularly among wildlife," said state public health veterinarian Emilio DeBess. "Fortunately, plague remains a rare disease, but people need to take appropriate precautions with wildlife and their pets to keep it that way."

Bubonic plague is a bacterial disease carried by rodents and their fleas, according to the CDC.

If detected early, the disease is treatable with antibiotics. Only eight human cases have been diagnosed in the state since 1995, and no deaths have been reported, according to the OHA.

Symptoms

Plague symptoms, which health officials say typically develop in one to four days after exposure, include fever, chills, headache, weakness, and a bloody or watery cough.

Bubonic plague is the most common form of plague. Its symptoms are high fever, lethargy and swollen lymph nodes, most commonly in the neck and under the jaw, Modie said. Infected lymph nodes may spontaneously abscess and drain.

Prevention

Health officials offered the following recommendations to prevent plague:

  • Avoid sick or dead rodents, rabbits and squirrels, and their nests and burrows.
  • Keep your pets from roaming and hunting.
  • Talk to your veterinarian about using an appropriate flea control product on your pets.
  • Clean up areas near the house where rodents could live, such as woodpiles, brush piles, junk and abandoned vehicles.
  • Sick pets should be examined promptly by a veterinarian.
  • See your doctor about any unexplained illness involving a sudden and severe fever.
  • Put hay, wood, and compost piles as far as possible from your home.
  • Don't leave your pet's food and water where mice can get to it.
  • Veterinarians and their staff are at higher risk and should take precautions when seeing suspect animal plague cases.
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90-year-old woman told to remove blouse and bra during TSA search

PORTLAND, OR --

The TSA says it's investigating an incident where a 90-year-old woman was forced to strip after setting off body scanners.

Alan Charney told ABC affiliate KATU-TV that his mother Harriette went through the full body scanner at Portland International Airport when the alarm went off. TSA agents quickly pulled her aside.

"It was obvious they were going into a search," Charney said. "But I presumed they were just going to sort of pat her down."

Harriette's bra was the problem. She had sewn a small pocket on the bra that holds a couple of extra dollars. She says it's there just in case her wallet was lost or stolen.

The TSA's body scanner detected the pocket as a possible security risk. Seconds later, Charney says his 90-year-old mother was taken to another room where she was told to take off her clothes.

"They wanted her to take, I guess, take all of her clothes off from her waist up," says Charney, "and so she took off that and took off her bra ... and I'm like 'what??!!'"

Whe KATU-TV asked the TSA about the incident, the agency responded saying the case is unusual. It is investigating what happened, and says normally agents would simply ask someone to lift up their blouse or shirt for a closer inspection and pat down. The agency says being asked to completely removing clothing is not normal.


Charney says he doesn't disagree with the need for his mother to be searched, but he believes the agents went too far.

"There was no sanity or sensitivity at all to the work that they were doing," said Charney.

(Copyright ©2015 KTRK-TV. All Rights Reserved.)

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US Soldier Secretly Records Therapy Session- Therapists Can Be Heard Berating Him for Suggesting He Has Serious Mental Health Problems. Soldiers With Mental Health Issues Dismissed For 'Misconduct' Rather Than Provide The Treatment They Need.

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Staff Sgt. Eric James, an Army sniper who served two tours in Iraq, paused before he walked into a psychiatrist's office at Fort Carson, Colo. It was April 3, 2014. James clicked record on his smartphone, and then tucked the phone and his car keys inside his cap as he walked through the door to the chair by the therapist's desk.

As he sat there sharing his fears and telling the therapist he'd been thinking about suicide — all while secretly recording the entire session — James was inadvertently helping to bring a problem within the Army to light: As it tries to deal with thousands of soldiers who misbehave after returning from Iraq and Afghanistan and then being diagnosed with mental health disorders and traumatic brain injuries, the military sometimes moves to kick them out of the service rather than provide the treatment they need.

The Army tried to dismiss James in 2013, because he had been stopped for drunken driving two years earlier. This despite pledges by Army commanders and a 2009 congressional edict to make sure such misconduct is not the result of mental issues brought home from the wars.

Saying he wanted evidence to protect himself, James made secret recordings of more than 20 hours of sessions with therapists and officers at Fort Carson. In the recordings, counselors can be heard berating him for suggesting he has serious mental health problems. They try to convince him his experiences in Iraq were not too traumatic — and even seem to ignore him when he talks about wanting to commit suicide.

Eric James with his mother, Beverly Morris, and father, Robert James. Eric secretly recorded more than 20 hours of sessions he had with behavioral health specialists and Army officials.

Eric James with his mother, Beverly Morris, and father, Robert James. Eric secretly recorded more than 20 hours of sessions he had with behavioral health specialists and Army officials. Michael de Yoanna/Colorado Public Radio hide caption

itoggle caption Michael de Yoanna/Colorado Public Radio

When Army leaders heard about the recordings, they ordered an investigation. It concluded that James had been mistreated, and two of his therapists were subsequently reprimanded.

But the general who runs the Army's medical system said the investigation also reached another conclusion: The mistreatment of soldiers at Fort Carson was "not systemic."

NPR and Colorado Public Radio also conducted an investigation, based on hours of secret recordings from James, hundreds of pages of confidential documents from Fort Carson, and interviews with dozens of sources both inside and outside the base. And that evidence suggests the Army failed to pursue key evidence in its investigation, ruling out claims of mistreatment from nine other war veterans without ever interviewing or even contacting the men.

And according to figures acquired by NPR and CPR under the Freedom of Information Act, the Army has been pushing out soldiers diagnosed with mental health problems not just at Fort Carson but at bases across the country.

The figures show that since January 2009, the Army has "separated" 22,000 soldiers for "misconduct" after they came back from Iraq and Afghanistan and were diagnosed with mental health problems or TBI. As a result, many of the dismissed soldiers have not received crucial retirement and health care benefits that soldiers receive with an honorable discharge.

The cases of the 10 soldiers we investigated raise a question: Why would commanders kick out soldiers for misconduct, instead of giving them more intensive treatment or a medical retirement on the grounds that they have persistent mental health problems? Sources both inside and outside Fort Carson suggested one possible answer: It takes less time and money to get rid of problem soldiers on the grounds of misconduct.

One of the Army's top officials who oversees mental health, Lt. Col. Chris Ivany, tells NPR and CPR that the Army is not violating the spirit of the 2009 law by dismissing tens of thousands of soldiers for misconduct after they came back from the wars, even though they were diagnosed with TBI or mental health disorders.

For instance, he says the soldiers' "functional impairment was not severe" enough in some cases to affect their judgment. In other cases, the soldiers' disorders might have been serious when they were diagnosed, but their "condition subsequently improved" before they committed misconduct — so they can't blame the war for causing them to misbehave.

And in other cases, Ivany says, soldiers' medical records show they were diagnosed with a mental health disorder — but only because a medical worker wrote it down as "a preliminary best estimate, but on further evaluation, the diagnosis was clarified" and perhaps dropped. All this "clearly shows that there is no systemic attempt" to dismiss soldiers with mental problems on the grounds of misconduct, Ivany says.

Army officials would not discuss any of the current and former soldiers' cases, on the grounds that they're protecting the men's privacy.

James says he never set out to "expose" Fort Carson or embarrass anybody. He says he started recording his meetings with officers and mental health staff to keep an accurate record of the conversations.

James' two tours in Iraq occurred during some of the bloodiest fighting. He watched through his sniper scope as his targets died and he saw his buddies die, too. He suffered a traumatic brain injury when his Humvee flipped upside down, according to Army records.

James' parents say he began to unravel after he returned to Fort Carson in 2009.

"It's pretty hard as a parent to see your kid go the way he did," says his father, Robert James. "He was happy-go-lucky. Now he's depressed, and he's always down and out."

"This isn't the boy, the young man, I raised," says his mother, Beverly Morris. "He is totally a whole different person."

James says after he came home from his last deployment, his life was in shambles.

"I was angry; I was getting in fights. I drank at least 12 beers every night, so I could pass out — that was the only way I could get any sleep. It's like my mom said, she was the person I'd always call, and I would call her, you know, after I'd been drinking so much and it's late at night and I'd tell her, 'Mom, look, I need help. Every day I wish I was dead,' " James says.

Then one night in 2011, local police pulled James over for drunken driving in Colorado Springs. Two years later, officers at Fort Carson told him they were going to "chapter" him out of the Army for misconduct, as a result of that DUI. James says he knew that meant he might never get the retirement pay or health insurance that the Army promised when he enlisted. Getting forced to leave without an honorable discharge could also mean that he could have trouble finding a decent job.

We first reported in 2006 that Fort Carson was kicking out some soldiers who had mental health problems and committed "misconduct," instead of helping them. Less than three years later, Congress passed the law to help stop the practice.

The law does not forbid the Army to dismiss troops with mental disorders who commit misconduct, but a spokesman for one of the key congressional committees that drafted the language says members of Congress "wanted to make sure the military was not putting people out that have service-related medical issues because the services have a responsibility to get them the care they need."

Secret Recordings Lead To Investigation

James' recordings veer from mundane conversations about scheduling appointments to sessions in which James despairs about his life.

In one, James tells a therapist that he feels angry and miserable most of the time. He doesn't trust anybody, and he isolates himself.

"Like, remember I told you I'm like, I feel like I'm coming into a combat zone when I drive on the base," he asks the counselor. And then he starts trying to talk about some of his scariest experiences in Iraq. "In, like, one month, there was over 1,000 IEDs and multiple ambushes."

Evans Army Community Hospital, which stands on the Fort Carson military base, is a central part of the base's behavioral health system.

Evans Army Community Hospital, which stands on the Fort Carson military base, is a central part of the base's behavioral health system. Courtesy of Evans Army Community Hospital/U.S. Army hide caption

itoggle caption Courtesy of Evans Army Community Hospital/U.S. Army

Standard therapy textbooks say that counselors can help patients best when they are supportive, build trust and are empathetic. When patients feel safe enough to share their deepest fears, a therapist can then help them understand their problems and start to get better.

The therapist responds, interrupting him: "Yeah, it was a suck fest ... big time. ... But it was not an emotionally crippling experience," she declares. "Because for the last six years, you've been able to get up and come to work. Have you had things that lingered and it affected you? Yes. But you're not emotionally crippled. You're not a in a corner rocking back and forth and drooling."

In another session, James meets with one of the Army's chief psychiatrists at Fort Carson. A few weeks before, James had filled out a survey used to help diagnose PTSD. James ranked many of his symptoms as "5s," the most extreme symptoms, which potentially signals that the person is in crisis. But the Army psychiatrist doesn't try to get James to open up and explain his answers. Instead, the psychiatrist challenges him.

"When I see 'extreme,' you should be in a hospital," the psychiatrist says in a confrontational tone. "People that put that down, all those 5s, most of those people need to be in a hospital to be stabilized."

The psychiatrist suggests that since James is able to report for duty at Fort Carson, he must be exaggerating his symptoms.

"Because right now, you shouldn't be walking around, if that's how bad you're doing," the psychiatrist says gruffly, after scolding James and repeatedly interrupting him.

In yet another session, with another Army psychiatrist at Fort Carson, James sounds like he's close to the breaking point. He cries audibly as he tells the psychiatrist that he wanted to kill himself hours before.

"I can't do it, Sir, I'm ... losing my mind," James says. "Like, last night I just wanted to ... take all my pills and," James pauses, his voice shaking, "couldn't do it sir. This is killing me, physically and mentally."

As James continues sniffling, the psychiatrist changes the topic. He speaks in a soothing voice, but he never asks James what he is feeling about committing suicide.

"I spent almost a week listening to all of Eric James' recordings," says Andrew Pogany, CEO of Uniformed Services Justice and Advocacy Group, a legal services nonprofit that Pogany and a colleague created to help soldiers in trouble. "It painted a picture that was mortifying. And horrifying."

Andrew Pogany and Robert Alvarez, co-founders of the Uniformed Services Justice and Advocacy Group, alerted the Army's surgeon general to 10 Fort Carson soldiers who were dismissed for "misconduct" instead of being given more intensive mental health treatment. Michael de Yoanna/Colorado Public Radio hide caption

itoggle caption Michael de Yoanna/Colorado Public Radio

Pogany used to be a soldier himself at Fort Carson. He fought back against the Army for mistreating him, and won. Pogany and his co-director, Robert Alvarez, sent some of James' recordings to Charles Hoge, a psychiatrist and retired colonel who advises Lt. Gen. Patricia Horoho, the Army's surgeon general.

"What no one fully appreciates is the serious nature of what transpired during clinical encounters with at least two mental health providers at Fort Carson," Hoge warned one of the general's top aides in an internal email. He wrote that some of what he heard "demonstrates unprofessionalism, hostility, and lack of empathy" and "potential for negligence leading to significant potential harm."

Less than one month later, Horoho ordered an investigation of Fort Carson. She announced the results at a press conference in February.

"The investigation concluded that we had two providers that actually showed a lack of dignity and respect to one soldier," Horoho told reporters. In other words, the investigation found that James was the only soldier at Fort Carson who had been mistreated.

"I thought the investigation was a very thorough investigation. I believed it gave the facts and certified that there wasn't a systemic problem," she said.

Lt. Gen. Patricia Horoho, the Army's surgeon general, ordered an investigation at Fort Carson and concluded mistreatment of soldiers was "not systemic." U.S. Army hide caption

itoggle caption U.S. Army

Also, according to Horoho, two of the therapists who worked with James had been reprimanded.

Meanwhile, commanders at Fort Carson did a dramatic about-face: Instead of dismissing James from the Army, they sent him for treatment at the National Intrepid Center of Excellence in Bethesda, Md., the nation's top military center for TBI and PTSD. The Army also gave James a medical retirement, with honor and full benefits.

Horoho also ordered staff at Fort Carson to get special training. According to an Army document, mental health employees took a few hours off work to discuss issues such as "dignity and respect during patient encounters." The Army also made it easier for soldiers to appeal if they feel they have been mistreated.

But Horoho stressed the takeaway conclusion two more times at the press conference: "I have not seen anything that's systemic in the way that our behavior health providers treat our patients," she added.

Here's what's curious about Horoho's declarations: Documents show that the Uniformed Services Justice and Advocacy Group told investigators under oath that commanders and mental health staff at Fort Carson have mistreated many soldiers — and thrown many out of the Army for misconduct after they came home from the wars with mental health problems. The advocates told investigators about nine current and former soldiers, in addition to James, who they said were typical cases.

NPR and CPR contacted all of those soldiers. They told us that Horoho's investigators never contacted them.

"Every case has a slightly different flavor, there's slightly different facts to it," says Pogany. "But when you take a step back, it is all the same stuff. If [Army officials] honestly want to fix this problem, they need to understand what's going on here and they need to admit that this is going on across the board."

The Case Of Jason Holmer

Consider the case of Jason Holmer — one of the names on the list that investigators never called. Holmer deployed three times to Afghanistan and Iraq. The Army awarded him the Bronze Star, one of the service's most prestigious medals.

One night, Holmer and his unit were ambushed. A mortar round landed about 10 meters from him "and it lifted us up off the ground," Holmer says.

That was the first possible TBI documented in Holmer's medical records.

The story of what happened after he came home echoes James' transformation. Holmer says his wife told him he was a different person — and they divorced. His medical records show he suffered "major depression" and "feelings of hopelessness" and "high irritability." He had trouble remembering things — a common TBI symptom — and he couldn't sleep.

"I had one doctor saying, 'Oh, you just got some anxiety, here's some sleeping medication and antidepressants. You'll be fine,' " Holmer says.

Instead, Holmer started drinking a lot. Then one night in 2012, police found him sleeping in his blue Dodge Ram pickup truck, parked along the side of the road. They charged him with driving under the influence. And three days later, the Army started the process of dismissing him for misconduct.

Commanders sent Holmer to a therapist at Fort Carson, in line with the 2009 law, to evaluate whether PTSD or TBI might have played a role in causing his behavior. His medical records show he had some classic symptoms.

But soon, Holmer received a curious email written by the therapist. The therapist had not intended Holmer to see it, but she sent her email to an officer who accidentally forwarded it to Holmer.

"At this time, while [Holmer] may have a significant [behavioral health] condition, I'll be able to clear him," the therapist wrote. "I believe it would be in our best interest to assist in expediting the process." In military language, that means it would be in their best interest to kick Holmer out for misconduct.

The therapist signed her email with a smiley face.

The Case Of James Vanni

And consider the case of Sgt. James Vanni. He deployed to Iraq in 2004, and then was assigned to a base near Sadr City.

"Our Day 1, we got ambushed," he says. "Day 1. We lost eight guys dead that day, and 60 more wounded."

James Vanni, at his home in Colorado Springs, Colo.

James Vanni, at his home in Colorado Springs, Colo. Theo Stroomer for NPR hide caption

itoggle caption Theo Stroomer for NPR

Vanni and his wife say he still wakes up screaming from a recurring nightmare about the first victim he watched die that day.

After he returned home, he started unraveling — much like the other eight soldiers whom the Army's investigators did not interview. His Army records list at least one TBI, and possibly more, and show that he reported getting frequent headaches and was forgetting things. An ambulance took him to the emergency room one morning because it looked like he was having a heart attack. It turned out to be a panic attack.

Vanni's wife, Michelle, says he would also fly into rages, "screaming and yelling and throwing stuff" at her and their two children. "It's like he hated to be around us," she says.

He also kept threatening to kill himself.

Vanni and his wife, Michelle, in 2008.

Vanni and his wife, Michelle, in 2008. Courtesy of James Vanni hide caption

itoggle caption Courtesy of James Vanni

At 1 a.m. the day before Christmas, Vanni freaked out after he and Michelle had an argument. Vanni says he can't remember much about what happened. "The whole incident is really blurry to me," he says.

"He came in the house screaming and yelling, and he made absolutely no sense," Michelle says. "I mean, he even turned and he was just talking to the wall, like he was talking to somebody. He was pointing the gun, but there was no magazine in it, you know I didn't know that, so I tried to call 911, because he was scaring me. "

Michelle says when the police arrived she told them he was depressed, suicidal and needed help.

"They told me they were taking him to a hospital," she says.

Instead, the police took Vanni to jail.

Officers at Fort Carson then started the process of dismissing Vanni from the Army without benefits, on the grounds that he committed domestic violence. An Army psychiatrist evaluated Vanni, as the law requires.

His conclusion: "This service member does not suffer from any deployment related mental health issues," the psychiatrist wrote. It was the same psychiatrist who was later reprimanded for mistreating James.

The dining room at the Vanni home.

The dining room at the Vanni home. Theo Stroomer for NPR hide caption

itoggle caption Theo Stroomer for NPR

Independent Adviser: Soldiers Deserve 'Benefit Of The Doubt'

Horoho's spokeswoman, Maria Tolleson, acknowledged that investigators did not get in touch with the nine soldiers whom soldiers' rights advocates named as examples of how some troops at Fort Carson have been mistreated. She wrote in an email that Army staff reviewed soldiers' files "for quality and standard of care in accordance with [the Army's] regulatory guidance," and the "review of these files did not reveal any provider misconduct."

But NPR and CPR also obtained the soldiers' records, with their permission, and we asked three independent psychiatrists to review them. Two of those psychiatrists served as top medical officers in the military. And all three say that based on the records they have seen, they would have advised the Army not to dismiss these soldiers for misconduct.

"Especially for our soldiers who are coming back not just with post-traumatic stress disorder, but with traumatic brain injury and other wounds, I really think that we as a society need to take that into account," says Col. Elspeth Ritchie, who served as the Army's top adviser on mental health during some of the worst fighting in Iraq and Afghanistan. "I think as a society, they deserve to have us do everything we can to support them. I absolutely would want them to get the benefit of the doubt."

Some sources who work with Fort Carson say perhaps commanders used to dismiss soldiers unfairly, but things have changed.

Bottles of medicine at Vanni's home. He says he still has nightmares from his time serving in Iraq.

Bottles of medicine at Vanni's home. He says he still has nightmares from his time serving in Iraq. Theo Stroomer for NPR hide caption

itoggle caption Theo Stroomer for NPR

"I'm encouraged by this. I think there's been a shift," says Miriam Blum, an independent psychologist in Colorado Springs. She estimates that she has treated hundreds of soldiers based at Fort Carson. "What I experience, what I hear from soldiers and what I see with soldiers, is that Fort Carson is doing many things to address the mental health issues of the soldiers before any kind of disciplinary procedure is even remotely considered. I see [that] soldiers who are seeking help are getting help."

Peter Chiarelli, the Army's vice chief of staff from 2008 to 2012, agrees that commanders at Fort Carson, and other bases across the country, are doing a far better job of identifying and helping soldiers in trouble. But he says NPR and CPR are making the issue of mental health and misconduct sound simpler than it really is.

"It would be wonderful if we could tell 100 percent of the time whether or not that misconduct is because an individual is, in fact, acting bad or it's because they have some kind of a mental issue," Chiarelli says. "But the fact of the matter is — and this is the important point for you to understand — is our diagnostics are so horrible we cannot always make that determination."

Chiarelli says that given the uncertainties and the enormous pressures on the Army, it makes sense for commanders to push out soldiers who have mental health problems and commit misconduct.

"Does it make sense if they're going to be nondeployable for a long period of time, and if we don't have good diagnostics and good treatments, yes it does make sense. Because I need deployable soldiers inside my ranks," he says. "The Army has a mission and that's to fight and win our nation's wars. When people have any kind of an illness and are not deployable, they're not going to be available to do that."

Actually, it turns out that some of the soldiers NPR and CPR followed did not get kicked out after all. That includes Vanni and Holmer. An Army official, speaking on background, says that demonstrates that commanders are willing to take a second look and reverse course and treat soldiers fairly.

The soldiers we interviewed say that commanders took that second look only after the soldiers' rights advocates intervened and threatened to take their stories to Congress and the media.

The Case Of Larry Morrison

Meanwhile, our investigation found that Fort Carson has decided to dismiss yet another soldier to whom the Army awarded the Bronze Star — suggesting that Horoho's actions have not fixed the problems.

Sgt. Larry Morrison, 42, has served 20 years in the Army. He led soldiers on three deployments in Afghanistan and Iraq. Army records show Morrison was scheduled for a medical retirement due to chronic PTSD, with honor and full benefits, on March 17 of this year. But at roughly 3 p.m. that day, Morrison's commander handed him a document announcing that the Army was going to dismiss him for misconduct instead.

Larry Morrison is appealing the Army's decision to dismiss him for misconduct.

Larry Morrison is appealing the Army's decision to dismiss him for misconduct. Michael de Yoanna/Colorado Public Radio hide caption

itoggle caption Michael de Yoanna/Colorado Public Radio

Officers who have served with Morrison told us he is one of the best leaders they have ever known. Capt.Tyson Walsh, who commanded Morrison in Afghanistan in 2010 and 2011, says Morrison was "phenomenal" and served as one of his platoon sergeants during a "brutal deployment."

Walsh says Morrison was the mentor who held the unit together.

"The Sgt. Morrison I know stands for honesty and integrity," he says. "I've had to put my life in his hands more than once. And every single time I did, it was the right answer."

But Army documents list three justifications for kicking him out: Morrison pleaded guilty two years earlier to drunken and reckless driving, and, according to the Army, he belongs to a "criminal" motorcycle gang that a federal report links to shootings and drugs.

Morrison and other soldiers told us it's not a gang but one of the most popular bike clubs for African-American troops.

Fort Carson's decision to dismiss Morrison is not yet final. Because he has served so many years, the Department of the Army has to sign off, and he's still waiting to hear the final decision. Meanwhile, he's working part time as a security guard at a chain clothing store.

"I've given [the Army] all of my youthful years. I'm 42 years old now," Morrison says, in a defeated-sounding monotone. "And now they want to put me out with no benefits, they want to give me an other-than-honorable discharge — so I can't get a job, I can't go to school — and take my retirement away. So they want to put me on the streets with nothing."

Morrison says he struggles to get just a few hours of sleep each night before he wakes up from recurring nightmares about a buddy who was killed in Afghanistan. A doctor prescribed medication to help him sleep, but Morrison says he doesn't always take it.

"Nightmares are bad but at the same time, they're good, actually, because the nightmares help you remember the guys that are gone," Morrison says. "And you know you can't go see them, you can't call them and you can't go talk to them. So sometimes you want the nightmares — to help you to spend time with the guys that are actually gone."

NPR and CPR sent more than half a dozen emails to Horoho, telling her that soldiers like Morrison are still getting kicked out of Fort Carson and asking to talk with her about the issues. We also asked to interview the top two generals in the Army, to find out what they make of the fact that the Army has pushed out tens of thousands of troops in recent years who came back from the wars with mental health disorders.

None of the generals would meet with us.

NPR's Courtney Mabeus and Barbara Van Woerkom contributed to this report.

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