Ft. Hood: An Issue of Gun Control or Mental Health?

Ft. Hood: An Issue of Gun Control or Mental Health?

ft. hood

Please see my take on this tragedy, published on theLaw.tv yesterday.  Ft. Hood

This week, there was another shooting tragedy on the Ft. Hood military base. Ivan Lopez, an Iraq war veteran and Army specialist, shot three people to death, injuring sixteen, before turning the gun on himself. A military policewoman bravely confronted him, which brought his actions to an end.

Unfortunately, Ft. Hood has been struck by tragedy before. In 2009, thirteen people were shot and killed by Nidal Malik Hasan. The difference in the 2009 tragedy is that Hasan had a clear agenda. He had been self-radicalized and took a terrorist stance against the United States. He was given a life sentence for his actions.

In the present shooting, the Army verified that the Lopez was being treated for depression and anxiety, as well as being evaluated for post traumatic stress disorder (PTSD). Additionally, Lopez purchased the weapon used in the shooting several days before. He lawfully held a concealed weapons permit.

So the debate re-emerges. Is this another case of a mentally unstable person getting access to weapons? Are our veterans being properly treated for PTSD resulting from combat?

Keep in mind, the majority of people that suffer from PTSD, or any other type of mental illness, are not violent. Some key components of PTSD involve an inability to sleep, nightmares, flashbacks, and difficulty adjusting to civilian life outside of the combat zone. It appears that the Army was in the process of evaluating Lopez, and treating him accordingly. From what is currently known, it seems that the Army was in fact working with Lopez to address his mental health issues. What is not known is Lopez’s motivation for committing this horrible crime. The question will be if there were any warning signs that the shooter’s depression was turning violent and what, if anything, could have been done about it. The answer will hopefully be uncovered in the coming weeks.

The next inevitable issue is that of gun control. Many ask, “how could someone with mental health concerns be able to get a firearm?” This is a situation where the laws that are currently in place adequately addressed what was known at the time of purchase. When the shooter went to the gun shop, he was a current, serving member of the armed forces. He had not been officially declared to be mentally ill; there was no indication that he was suicidal or homicidal. There were no court orders against him, nor was he a convicted felon. If you look at his profile in a general sense, he is someone a gun store owner would have no hesitation in selling a firearm to. As such, he was lawfully able to purchase a firearm.

What is most troubling is that there is a policy at Ft. Hood forbidding firearms on the base. It is clear that this policy has not been enforced on two separate occasions. Unfortunately, Ft. Hood is a huge area, with 90,000 people. It may be physically impossible to search every person. The military is tasked with finding a solution.

At the end of the day, our vets have sacrificed so much, so that we can enjoy the liberties that we have as Americans. The biggest issue should be how can we help them? This is not a case of gun control going awry. It’s a case of human tragedy, with a reminder of how fragile the human mind can be.

This is an issue of caring for our veterans and making sure that those who suffer from mental illness have access to thorough care. And that is where our focus should be.

Melba Pearson is an attorney in Florida. Follow her on Twitter @ResLegalDiva.

Is Getting Your Own Confession A Good Idea?

Is Getting Your Own Confession A Good Idea?

jamie x

Originally published on theLaw.tv on January 24, 2014  Getting Your Own Confession

A Los Angeles woman has grabbed headlines this week with her viral YouTube video confrontation. In this video, “Jamie X,” as she is calling herself, confronted her high school teacher, who allegedly molested her many years ago. Jamie says the abuse started when she was 12, going on for several years; she is now 28. One of the reasons that Jamie made the call at this point is because she discovered her alleged abuser is now an assistant principal. The YouTube clip shows Jamie calling the teacher on the phone, and asking why the teacher manipulated her and took advantage of her position. The female teacher responded by admitting to her actions, as well as saying that she “regrets” what she did.

The video is very emotionally charged, as well as tragic. But is the video going to be admissible in court? Should Jamie X have done this controversial act?

In most states, you are not allowed to video or tape record another person without their permission. There is an exception is for law enforcement personnel, who can do so with a warrant from a judge. Of course, getting a warrant is not that easy. The police officers have to set forth their case to the judge, showing probable cause, what crimes they hope to solve, and how the target of the surveillance is connected to those crimes. The reason behind this is to prevent an invasion of your privacy. In California, the law is very clear – you cannot tape a private conversation unless both parties to the conversation give permission.

In spite of the law, was it even a good idea? In all likelihood, the video will not come in as evidence at trial. But the video was helpful for several reasons. As a result, Jamie  had evidence to present to the police to jump start an investigation. There is a very liberal statute of limitations on child abuse cases, since by the very nature of the crime, reporting is often delayed. Children are abused while they are young, and as they reach adulthood, they then realize that what happened to them was wrong. Sometimes molestation victims suppress the memories, which come back to them many years later. Manipulation is a big part of a child molester’s plan. At the point of adulthood, they have the strength to tell; they are better able to break the hold of the guilt and mind games of the abuser that held them hostage. However, with the delay comes a loss of evidence. This video gave police a starting point. Hopefully, if the teacher confesses once, she will confess again.

The other good part about the video is another victim has come forward as a result. While the teacher said on the video that Jamie X was the only victim, another young woman came out today, stating that she had an identical experience with this teacher. The revelation strengthens the case, and can possibly result in multiple charges of child abuse with multiple victims in the same case.

Is it the best idea to get your own confession? No. It is better to speak with local law enforcement and let them do a thorough investigation. You don’t want to taint any potential evidence from your actions, not to mention the possibility putting yourself at risk.

No matter what happens, hopefully Jamie is able to get the closure she so desperately needs.

“Thug Baby” – The Aftermath

“Thug Baby” – The Aftermath

school to prison

We we have all heard about (or seen) the now infamous “thug baby” video out of Nebraska. The Omaha Police Association came under fire for posting this video to their website. They say it was a teaching moment…but was it really?

While the toddler was removed from the home, the mother (who is 16), is now in protective custody herself as a result of death threats from the release of the video.

Words, and actions both have consequences. See my article about it on theLaw.tv. Free Speech vs. Responsible Speech

As always, please share your thoughts!

Charges Dropped…So is Zimmerman’s Girlfriend A Victim or a Fake??

Charges Dropped…So is Zimmerman’s Girlfriend A Victim or a Fake??

zimmerman again

Prosecutors came out yesterday and announced that charges against George Zimmerman will be dropped.  These charges were in connection with a domestic violence incident with his supposed girlfriend, Samantha Scheibe.

SO the burning question is…did this really happen, or did they make this up for attention?

See my article published on theLaw.tv below…

http://thelaw.tv/news/2013/12/11/victim-or-fake-zimmermans-girlfriend-wants-charges-dropped/

Mean Girls UPDATE

Mean Girls UPDATE

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In an update from an earlier post regarding the death of Rebecca Ann Sedwick as a result of bullying….the girls accused of driving the young girl to suicide no longer face criminal charges.  The girls don’t seem to remotely remorseful either. Weigh in on your thoughts!

http://www.huffingtonpost.com/2013/11/21/rebecca-sedwick-charges_n_4315761.html

See my original article here on my blog or via this link:

http://news.thelaw.tv/2013/10/18/mean-girls-or-killers-the-growing-problem-of-cyber-stalking/