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Attorney General’s DNA Forensic Genetic Geneology Program Helps to Solve Decades-Old Murder of Marysville Teen

Posted by David Brown 
· February 14, 2023 

Washington Attorney General Bob Ferguson recently announced that the DNA forensic genetic genealogy program from his office helped to solve the cold case murder of a Marysville teenager. The 24-year-old cold case went unsolved in spite of the murder weapon, an axe, being left behind by the perpetrator.

Jennifer Brinkman, 19-years-old, was found dead inside her family’s home in Marysville in 1998. The case went cold for two decades, until the December 5, 2022 announcement of the arrest of a 52-year-old man from Renton, Washington.

Marysville Police Department Chief Erik Scairpon stated that when he became police chief in 2020, he found a team who would not let go of the memory of Ms. Brinkman, nor her cold case. He said that members of the police department now rest easier, knowing that they performed their duty to Jennifer Brinkman, her loved ones, and to the community.

The City of Marysville also provided funds for the testing, along with the $1,241.55 provided by the Attorney General’s program.

The Washington Office of the Attorney General’s forensic genetic genealogy program has assisted with more than 30 cold case investigations. Three other cases were solved with the assistance of the program. They include:

  • A 1995 murder in Kitsap County
  • A 2003 violent rape of a 17 year-old in McCleary, WA
  • A 2003 and 2004 violent home invasion sexual assaults in Pullman, WA

The cases were uploaded to CODIS, the national criminal DNA database, with no successful results. Law enforcement officials and prosecutors have had considerable success solving cold cases using forensic genetic genealogy in recent years.

A genealogist takes DNA evidence and then uploads it to a public DNA database. The DNA database then allows access to its data, then uses the information to construct a family tree which identifies potential suspects who may not have an available DNA profile. Companies with public databases can conduct genealogical research to determine familial links to the DNA samples. Examples include a familial link to a sibling or a cousin.

The Attorney General’s Office has dedicated $220,000 thus far towards assisting local law enforcement agencies with solving felony cold case investigations through forensic genetic genealogy testing. The Department of Justice’s Office of Justice Programs recently announced nearly $160 million in grant awards to support crime laboratories, fund forensics research, and to decrease DNA backlogs, including to identify human remains.

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Catholic Dioceses, USA Gymnastics, The Boy Scouts of America Among Nonprofits Filing for Bankruptcy Amid Sexual Assault Lawsuits

Posted by David Brown 
· February 9, 2023 

In 2019, 23 states, Washington D.C., and two U.S. territories passed new laws to extend the civil statute of limitations expiration date for victims of childhood sexual abuse. The recent legislation allowed victims of older cases to sue their abusers and the organizations that were supposed to protect them. Most of the statute extensions last one or more years, and we continue to see the passage of new laws regularly.

The Nonprofit Organizations Found Safety in Bankruptcy Court

Sadly, in response to the lawsuits, many organizations that are defendants in the cases filed for relief in bankruptcy court. Among those filing bankruptcy are nonprofit organizations such as the Boy Scouts of America, the Boys and Girls Club, and Catholic Institutions.

Four of the defendants are New York dioceses facing over 500 claims of sexual abuse. All nonprofit groups filing for relief cite recent law changes, extending the time frame for child abuse victims to seek justice. The filings stalled the current civil actions and blocked victims from filing new cases in the future. The lawsuit plaintiffs had no choice but to negotiate settlements within the bankruptcy courts.

More Trauma for the Victims of Childhood Sexual Abuse

Bankruptcy courts across the United States are diminishing the impact of statute of limitations reform. Moreover, if the defendant files for relief in bankruptcy court, it can force victims to come forward and settle who isn’t ready yet. Missing the bankruptcy-claims deadlines can mean losing the chance to seek justice.

An investigation uncovered at least 23 bankruptcies filed by nonprofit organizations involved in child sexual abuse scandals that forced victims to keep compensation from a trust. One organization is USA Gymnastics, and the outpouring of lawsuits alleging abuse by the convicted child molester, Larry Nassar.

It is essential to note that organization bankruptcies do not provide individual protection for abusers. However, they granted immunity to the nonprofits that allowed the abuse to continue after victims came forward. Even so, the bankruptcy filings have devastated countless victims of childhood sexual abuse after legislation granted them the legal right to seek justice from the institutions that failed to protect them.

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“Liver King” Fitness Influencer Faces Multi-Million Dollar Lawsuit

Posted by David Brown 
· February 7, 2023 

Influencers have a very large following in the current environment, and not all of them are exactly what they seem. That includes Brian Johnson, one of the biggest fitness influencers in the world, who typically goes by the name “Liver King.” Now, he is facing a significant class action lawsuit alleging that he used deceptive marketing to sell his products.

The complaint, which was filed in New York, names Brian Johnson and his companies as defendants. The lawsuit accuses him of deceiving his customers. The lawsuit claims that, in his social media marketing strategy, he claimed that he got buff by consuming raw offal. The lawsuit claims that, in actuality, he got buff because of his rampant steroid habit. Johnson himself recently disclosed that he used steroids to build his physique.

Furthermore, the lawsuit claims that the habits Johnson was pushing are incredibly unsafe. In numerous videos, the lawsuit claims that he consumed a variety of raw testicles and organ meats in an effort to build his physique. Many people who followed his alleged habit developed a variety of food-borne illnesses. Consuming uncooked meat can be dangerous because it could expose you to toxins hiding in the food that are otherwise destroyed when you cook them.

Previously, the fitness influencer had denied consuming steroids but recently admitted that he was spending approximately $11,000 per month on steroids, which allowed him to keep the physique that he shows off in a lot of his videos. Even though the lawsuit is still in its very early stages, the prosecuting attorneys have indicated that they have gotten a significant amount of interest from other people who may have been harmed by watching his videos.

This lawsuit shines a light on just how dangerous social media can be. It is important for everyone to view influencers with a healthy amount of skepticism, as they are not always what they seem. Regardless, it is likely that the lawsuit will grow and widen and scope as more people learn of the dangerous habits that were being pushed by this fitness influencer. It will also be interesting to see if he faces any criminal charges in addition to the civil lawsuit he is already facing.

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Litigation Begins Over Lack of Refunds in Southwest Flight Delay Debacle

Posted by David Brown 
· February 2, 2023 

The fallout continues from Southwest Airlines’ recent failure to get travelers to their destinations over the 2022 holiday season. Wintry weather conditions stranded airline passengers on over 15,000 flights in late December.

The Dallas-based airline blamed the crisis on outmoded software for scheduling flights, as well as a dearth of personnel to work their flight routes. Unlike most other airlines, passengers cannot purchase tickets using third-party global distribution platforms. Everyone who flies with them is required to purchase their airline tickets either online or by booking directly with Southwest ticket agents.

Plaintiff Eric Capdeville of Marrero, Louisiana, through his attorney, Matthew B. Moreland, of Jim S. Hall & Associates, filed a contract lawsuit, Capdeville v Southwest Airlines Co, on Dec. 30 in New Orleans U.S. District Court for the Eastern District of Louisiana.

Plaintiff alleges breach of contract since the airline pledged to refund ticket costs and reimburse reasonable expenses like meal costs, rental cars and hotel charges for their stranded passengers.

The case is set to be heard by Judge Jay C. Zainey.

Plaintiff, who is seeking class-action status for the lawsuit, claims he and many others have yet to receive any compensation from Southwest Airlines. The petition further notes the company’s Contract of Carriage “mandates refunds … [and] full compensation for … costs and … cancellations for the failure of the carriage contract.”

In addition to the claims of breach of contract, Capdeville also included a claim for redhibition and seeks pre-judgment interest, as well as actual compensatory damages or other alternative provisions available under the airline’s Contract of Carriage.

The airline spokesperson has not yet commented on the pending litigation. Previously, Southwest stated that they intended to “do right by [their] customers,” and that “high priority efforts [were] underway” to remedy the damages their passengers suffered.

Bob Jordan, CEO of the beleaguered passenger carrier, acknowledged that Southwest’s “legacy systems” were overdue for an upgrade. According to U.S. Dept. Of Transportation Secretary Pete Buttigieg, the flight disruptions were unacceptable and arose from decisions the airline made and actions they took.

Southwest did not fully restore services until after Dec. 30. Meanwhile, other airlines had already rebounded days earlier from the storm’s setback.

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Two Companies Ordered to Pay Over $24 Million to King County Small Business Owners

Posted by David Brown 
· January 31, 2023 

SEATTLE — Two companies and their owners have been ordered to pay over $24 million to King County small business owners.

A King County Superior Court judge has ordered CA Certificate Service and Labor Poster Compliance to more than 15,000 business owners that were deceived by the companies. The judge said that both companies based their business models on deceiving small business owners.

Both companies sent a total of 232,091 letters to residents that appeared to be from the government demanding payments of about $85 each for posters or certificates and implying they were mandatory for businesses. The companies bulked a total of $1.27 million out of area business owners for free posters and certificates that business owners can obtain from state and federal agencies.

The lawsuit was filed by Attorney General Bob Ferguson in March against Florida-based CA Certificate Service and Labor Poster Compliance as well as their owners. The Washington Secretary of State issued an alert about the scam by CA Certificate Service in March of 2019 yet the company continued to do business in the state until Ferguson filed the lawsuit.

King County Superior Court Judge David Whedbee ordered the companies to repay all Washington businesses involved their full payments in addition to pre-judgment interest.

The court found that the companies had committed 232,091 separate violations of the Consumer Protection Act.

The judge also ordered that both companies be permanently blocked from mailing any letters into the state of Washington that are associated in any way with an invoice or a bill that a consumer must pay. The companies also cannot send any more letters that appear to be from a government at any level or a person working for any level of government.

It is believed that the companies made more than $5.3 million in profits from their deceptive schemes across the nation. Although businesses and other states have also been affected by the two companies’ deception, the judgment, in this case, is the first one against the businesses that have resulted in the findings of the companies being liable for breaking the law.

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Apple AirTags Under Suit for Alleged Stalking Hazard

Posted by David Brown 
· January 26, 2023 

Two women have filed a lawsuit against Apple, claiming that their ex-boyfriends used AirTags to track their movements in real-time. The suit alleges that the technology company negligently released a dangerous device and minimized concerns about threats surrounding AirTags while misrepresenting the safety of the product. Since AirTags’ commercial launch, people have complained that they are easy to misuse and enable stalkers to keep tabs on their victims.

“AirTag was designed to help people locate their personal belongings, not to track people or another person’s property, and we condemn in the strongest possible terms any malicious use of our products,” a statement from Apple read.

The lawsuit further claims that Apple recklessly placed AirTags in the hands of stalkers and abusers. It alleges that the company should have foreseen the potential for misuse, adding that Apple was aware of reports of malicious AirTag usage before it released the product. The suit also says that Apple “failed to take reasonable steps to provide consumers with adequate disclosures about AirTag’s threat as a stalking device.”

Apple has taken steps to address safety and privacy concerns related to AirTags since its release. These include an alert when setting up an AirTag informing users that stalking is illegal and law enforcement can access personal information associated with an AirTag owner. However, critics have argued that these measures are not enough and do not adequately protect victims of stalking.

The lawsuit seeks damages related to the alleged misuse of AirTags, including emotional distress and punitive damages. It also demands that Apple take further steps to protect against possible misuses of its product, such as providing an opt-out option for users who do not want their personal information shared with law enforcement or making it more difficult for someone to access AirTag data without authorization. Additionally, the suit asks that Apple provide greater transparency about potential risks associated with using AirTags and impose a waiting period before allowing customers to buy multiple devices at once. If successful, this case could set an important precedent in establishing companies’ responsibility when designing products that can be potentially used for illicit activities.

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12 Arrested on Sexual Offenses Against Children

Posted by David Brown 
· January 24, 2023 

CHEHALIS, Wash.—Twelve people were arrested this weekend as part of a multi-agency investigation  of the sexual abuse and exploitation of children touted as “Operation Net Nanny.”

Michael A. Gillette, 31, and Tyler D. Clark, 23, both of Chehalis, Justin Hinchliffe, 43, of Olympia, Gerry G. Greatreaks, 50, Vancouver, Zachary Case, 21, Belfair, Adis Lao Cirlo-Hernandez, 23, Centralia, Leonardo Tranquilino, 31, Centralia, Wayne A. Rigby,72, Shelton, Douglas R. Clark, 45, Rochester, Robert E. Morrison, 65, Kelso, Antonio T. Nolasco, 36, Shelton, and Mario A. Fernandez, 33, of Napavine, were arrested as part of the investigation. They were taken into custody in Lewis County.

The investigation was conducted by the Washington State Patrol (WSP), local Lewis County law enforcement agencies and several partner agencies. It is the 20th operation spearheaded by the WSP’s Missing and Exploited Children Task Force (MECTF), an Internet Crimes Against Children (ICAC) affiliate. Since the first operation in August 2015, MECTF has made 312 arrests and removed more than 31 children from danger across the state through police intervention.

The cases will be reviewed by the Lewis County Prosecuting Attorney’s Office for charges against the 12 people arrested. They are facing possible charges of rape of a child, a first-degree felony, attempted rape of a child, a second-degree felony, communication of a minor for immoral purposes and sexual exploitation of a minor.

“It is unfortunate that there are some that are actively preying on children. However, it is reassuring to know that so many agencies are willing to respond to help hold those people accountable,” said Lewis County Prosecutor Jonathan Meyer. “We are thankful for the federal and state agencies that conducted this operation and the support of multiple local agencies. Coordination of law enforcement partners is vital to help ensure the safety of the people of Lewis County.”

The primary mission of Operation Net Nanny is to target anyone involved in child abuse and child exploitation via the Internet.

“We were proud to participate with the WSP MECTF and the other public safety partners in this very important operation focused on keeping children safe from those who prey on them in our communities,” said Lewis County Sheriff Robert Snaza. “Dedicated partnerships are what make operations such as these a success!”

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Family Still Fighting for Justice After Horrific 2018 Car Crash

Posted by David Brown 
· January 19, 2023 

On the night of December 7, 2018, Donald J. and Wilma Smith were driving along Route 39 in Washington Township when they were struck head-on by a Cadillac SRX. The driver – Yellow Creek Township Trustee Glenn McKenzie – reportedly lost control of his vehicle, crossed over the center, and struck the Smiths in the other lane.

A teenager named Amber Lynn Korbel and a passenger were behind the Smiths in a Chevy Impala. When McKenzie struck the Smiths, Korbel consequently hit them from behind. Though Korbel and her passenger did not sustain any injuries, McKenzie and the Smiths had to be airlifted to the hospital.

Due to the damage and injuries, Wilma Smith and her husband’s estate filed a lawsuit against McKenzie, Korbel, and their insurance company Ohio Mutual Insurance Group.

McKenzie was accused of driving under the influence, making him the subject of a wrongful death claim. Also, John and Helen’s Tavern, the American Legion John Adams Post 442, and the Tangerine Lounge were also part of the lawsuit. They were hit with a liquor liability claim due to the belief that they irresponsibly served McKenzie alcohol that night.

Korbel was named in the suit as she was believed to be following too closely behind the Smiths. And the insurance company was named on an allegation that there was a breach of contract in regard to the amount of uninsured motorist coverage that the Smiths were supposed to have.

Though a new lawsuit was recently filed, McKenzie has already been judged and sentenced. At first, he admitted to being guilty of driving under the influence, as well as two counts each of vehicular assault and aggravated vehicular assault. His punishment was set to 45 months in prison and having his license stripped for the rest of his life.

Later, he appealed this sentence and the case went back to court. After some consideration, the court knocked nine months off of his prison time. The 411 days that he had already served counted toward his sentence, leaving him with less than two years to go. Additionally, they only suspended his license for a decade and ordered him to pay $208,890 in restitution to the victims.

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It Isn’t Mad Fish Disease, But It’s Not Nice, Either

Posted by David Brown 
· January 17, 2023 

We all do it. We buy a package of salmon, never thinking how the fish was raised. The sad truth is that the salmon was raised inside a mesh cage sized like a city block instead of swimming free in the ocean. It’s called net-pen farming, and Washington is joining California, Oregon, and Alaska in putting an end to it.

What’s Wrong With Commercial Fish Farming?

Let’s begin with caging something: you’ll have a waste problem, disease will spread from penned salmon to wild fish, there are lethal sea lice infestations, as well as products to kill parasites and other pests getting into the water. The price of salmon world-wide has risen as the result of such environmental issues.

Add to this the fact that the water in which the salmon are raised is used by the public. The net pen farming companies such as Cooke Aquaculture, who harvest salmon in Puget Sound pen farms, do nothing to filter or treat the water for impurities before its use by humans.

Since the net pen farm spill upheaval in 2017, the Cooke company’s pen leases have been canceled. The company’s operations in other countries were also closely inspected. All were found to be not compliant with state and industry safety guidelines and shut down.

As Cooke switches from salmon to steelhead, the tribes along with the population of Washington state are worried. They wonder about the farming of fish and its consequences for the wild fish in the area. Their own health and wellness are naturally matters of concern as well.

What’s The Answer?

Advocates of building a better mousetrap suggest containment facilities on land. Wild fish won’t swim by and become tainted with sea lice. The snag to that idea is not enough fish could be raised to answer the needs of ten billion people world-wide.

Better pens in the oceans, complete with filtering systems, easier methods of protecting the salmon from pests and parasites, in addition to better methods of cleaning up the waste, have been suggested, too. Both scenarios are being considered as the deadline for establishment of better methods draws nearer.

As the world population grows, food production becomes the question: can we double or triple food production? Can we do it without harming the Earth or the people needing that food? Banning net pen farms was a good start.

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A Lawsuit Against the Saudi Crown Prince Has Been Dismissed

Posted by David Brown 
· January 12, 2023 

Filing civil or criminal charges against a foreign leader in court is always hazardous, and that appears to be the case with Saudi Crown Prince Mohammed bin Salman. Following the execution-style murder of Jamal Khashoggi in Saudi Arabia, who was a journalist for the Washington Post at the time, there was a furious uproar in the direction of Saudi Arabia. He was killed at the Saudi consulate located in Istanbul, creating a suspicious backdrop that the killing was somehow politically motivated. Many people believed that the Saudi Crown Prince was responsible for trying to stifle free speech, including in the United States.

Unfortunately, political matters appear to have taken control of the situation. Right now, gas prices are going through the roof, many people are struggling to afford the price of gas, and OPEC appears to be moving closer to Russia and further from the West. The visit to Saudi Arabia by Joe Biden appears to be a failure, as OPEC recently announced they would slash oil production, despite the shortage of oil throughout most parts of the developed world.

Now, the lawsuit filed against the Saudi Crown Prince has been dismissed, coming shortly after the Biden Administration recommended that the Justice Department grant Mohammed bin Salman immunity. The administration is claiming that there is no precedent for filing charges, criminal or civil, against a foreign head of state, and that they are acting consistent with prior administrations; however, there are other people, particularly the director of DAWN, who believe that the people responsible for the murder of Jamal Khashoggi should be held accountable.

Because the Biden administration does not appear to want to pursue the case against the Saudi Crown Prince, the lawsuit was dismissed. There are some people who believe that the Saudi Crown Prince was promoted to his office in an effort to avoid potential liability for the events surrounding Jamal Khashoggi. The United States still has intelligence agents trying to uncover information related to the murder of Jamal Khashoggi, but for now, the dismissal appears to be an effort to strengthen relationships with Saudi Arabia, a country that has an exceptionally poor human rights record. It remains to be seen what impact this dismissal will have.

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