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Newsbrief ***** Sunday, April 18, 2004 ***** # First Edition Washington Business and Technology Institute (WBTI) http://communitylink.reviewjournal.com/lvrj/wbtiAdvisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors. U. S. Secretary of Labor Elaine Chao Chairperson Dr. Tony T. Lei President District Judges Mark R. Denton and Valorie J. Vega Vice Presidents Dr. William N. Thompson Director of Public Administration Institution Dr. E. Lee Bernick and Dr. G. Keong Leong Deans of Graduate School of Business and Public Administration Dr. Sue Fawn Chung Director of Culture Institution Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC) District Attorney David Roger and Clark County Sheriff Bill Young Chairmen of CCDAPCC (702) 255-9058 *It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service aspects of our organization in an honorary or adjunct capacity. ---------------------------- Some valuable skills for people and associations to have a more successful and happy life By Valorie Vega, Cheryl Moss, and Tiffany Chang It is a general understanding that: If we are able to excel in a particular field of professional career, we will definitely have a better chance of gaining a foothold into society. Outstanding professional accomplishments enhanced with good community service is a practical and sincere way for us to integrate into American society and win the recognition by our mainsteam society and American people.*1 In this generation and society, we need economic compassion, in service above self, and in action of love and moral courage. Some people are of the "tell me what you wear, tell me what kind of car you drive, tell me what cards you carry, and I'll tell you who you are" culture. What do the people we admire have in common? These individuals have faith, respect and love, unabashed love. Love always transcends self. In its purest form, love is unconditional and an appreciation. The Greeks had a saying: People are known by the heroes they crown." Tell me whom you admire, and I will tell you who you are. Your choice of heroes reveals your personal traits. "By the act of love itself, we are enriched. Love in action is service above self. Make service part of our characters and experience the abundanr rewards that come from serving others. Let our heroes be the great servants who have given all for the bettement of other's lives, Let our candle fuel a fire that will fan out an ever-increasing circles. With these circles together we can close our eyes and evision a community that is safe, peaceful, and healthy," says Dr. Tony Lei, President of Washington Business and Technology Institute.*2 We can work alongside each other. We can absorb each other's energy and discipline and commitment to inspire us and motivate us. Service beyond self is love in action. This is our creed and our calling. We stumble and splinter when we forget that goal. We unite and prosper when we remember it. There are three major drives pushing and pulling us into the 21st century. (1) The neccessity and speed of change: Change is unavoidable for improement and innovation. Most of the change we face are permanent, pervasive, and profound. It is permanent, because few of us would want to uninvent microchip, to use a train instead of an airline as a business transportation from Los Angeles to New York, or abandon the medical advances that have extended and enhanced our lives. It is pervasive because the information highway has change our lives. Few parts of the way we live and work have escaped the effects of change. It is profound because we must reassess the sharing of our planet's resources. As individuals, we must reassess our values, ideals, and prejudices. As associations we must have effective actions to decrase the force of resistance-to-change successfully. (2) Emphases of partnerships and alliances. Highly successful organizations have become circliar instead of flat. Each function is a link in a chain whose strength depends on the whole. Each is an alliance or partner with all the others. We need strong, supportive alliances because we need quick access to resources whether they are human, informational, financial, or material by nature. (3) Member service to member focus: One of the important purposes of an association is all about having satisfied, happy, loyal, referral-bearing members. Our members' success is our success. We should put attention to the thre areas of members focus. The first one is member servicing, which is the operations part that we should do the task well. The second one is member relations, which is the human part that we may be better to have the one-on-one actions. The third one is member development which is the coordinating and retention part that brings satisfaction to every activity. There are two principles at the heart of the positive thinking road map. (A) the first principle is truth in thinking uncover and eliminate self-limiting belief and attitudes. We need to establish "truth in thinking" by focusing on the facts and avoiding negative self-talk. Challenge our unrealistic belief by reorienting them in a more realistic, positive manner. We will think, feel, and act more confidently, thereby increasing the likehood for success. (B) The second principle is the 12 positive thinking traits. "The following are 12 traits that characterize a positive thinker: (1) Optimism (2) Enthusiam (3) Belief (4) Intelligence (5) Courage (6) Integrity (7) Confidence (8) Judgement (9) Persistence (10) Liveliness (11) Vision (12) Desire to excel. Each traits, when leveraged properly, produces powerful results to achieve our goals. These traits, when diligently and wisely applied together with the truth in thinking, allow us to overcome obstacles and challenges in a positive manner in our lives for accomplishment," Dr. Tony Lei points out. "In righteousness you will be established."*2 "In this 21th Century new era and society, we need economic growth, but we also need to establish and promote creativity, fairness and justice, serve and love, educational knowledge, and spirit engineering. We wish that a pure spring may prosper and enrich our splendid and golden country through: the power of public service that based on 'knowledge is the power of righteouness,'; the advancement of technology, entreneurship, and innovation; and the spirit that 'knowledge calls, ultimately, for a life of service'," Dr. Tony Lei points out. "Develop a clear vision of our prefered future, then get focused on key activities and efforts that take us in that direction. We shall see performance gains, achieve our goal and have a happier, more successful life. By pursuing our own personal strategic plans with love and service, we will increase our energies, motivations, satisfactions, happiness, and the worthy value of our lives," he continues.*3 "Because of his sincere and effective work performance in community service beside his academic endeavor, Dr. Tony Lei has received many important awards for his outstanding asccomplishments from U. S. Senators, U. S. Representatives, Las Vegas Mayor, Clark County Chairman, among others. It is significant that Dr. Kenny Guinn(, now the Governor of Nevada, U. S. A.,) wrote Dr. Tony Lei: 'It is only with the dedication and commitment of good people like yourself that I will achieve my goal of becoming Governor of this great state. Dema and I can't thak you enough for your assistant and your positive activeties in the community,'" Lillian and Julian Wallace wrote a feature article entitled "We Prodly Present to You Two of the Dearest People in the World -- Dr. and Mrs. Tony T. Lei." At the time, Lillian was President of Senior United, while Julian is its CEO. The article was published by the famous "Highlights Magazine" by Seniors United on October, 1999.*4 "As you know, I've begun to learn and practise leading skills through my college life. I'm deeply impressed by the valuable practicality and theoreticality of the leading skills proclaimed and inspired by Washington Business and Technology. During my three victories of the past elections since he moved to Las Vegas from Los Angeles, Dr. Tony Lei has been one of my great supporter with his outstanding knowledge and wisdom," said U. S. Congresswoman Shelley Berkley.*5 -------------------------------------- References *1. Chang, Tiffany. 'Community participation enhcnces our professional accomplishments,' "Nevada Examiner," August 18, 2000. *2. Chang, Tiffany. 'Some skills to have a more successful and happy life,' "Nevada Examiner," March 24, 2000, p. 22. *3. Ibid. *4. Chang, Tiffany. 'It is significant to serve our community,' "Nevada Examiner," January 7, 2000, p. 15. *5. Vega, Valorie; and Chang, Tiffany. 'The biggest credit of Washington Business and Technology Institute (WBTI) is its people,' "PPAA17, Newsbrief of WBTI," January 6, 2004, p.5. 7777777777777777777 888888888888888888888888888888 777777777777777777777777777777777777777777777 **************************************************** | |
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Dear friends and visitors,Please go to "PPAA18" (after the first flier on page 1 of PPAA17 - April 15, 2004). Thank you. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ *************************************************** | |
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11:02 a. m., April 12, 2004 ***** A copy of the following feature article was passed to U. S. Congresswoman Shelley Berkley by Dr. Tony Lei at the meeting on April 12, 2004.*****Newsbrief ***** Friday, April 9, 2004 ***** # Second Edition Washington Business and Technology Institute (WBTI) http://communitylink.reviewjournal.com/lvrj/wbti Advisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors. U. S. Secretary of Labor Elaine Chao Chairperson Dr. Tony T. Lei President District Judges Mark R. Denton and Valorie J. Vega Vice Presidents Dr. William N. Thompson Director of Public Administration Institution Dr. E. Lee Bernick and Dr. G. Keong Leong Deans of Graduate School of Business and Public Administration Dr. Sue Fawn Chung Director of Culture Institution Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC) District Attorney David Roger and Clark County Sheriff Bill Young Chairmen of CCDAPCC (702) 255-9058 *It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service aspects of our organization in an honorary or adjunct capacity. -------------------------------------- U. S. Congresswoman Shelley Berkley will hold her Senior Advisory Committee meeting on April 12, 2004 By GSBPA*1 To enhange this feature article, we are glad to have the most recent news about medicare in Nevada of the Press Release from the Office of Governor Kenny Guinn on April 8, 2004. The whole stetement was shown at the bottom of this article after the words of inspiration by U. S. Congresswoman Shelley Berkley that "I look forward to continuing my service in Congress and shall endeavor to serve in the manner that merits your confidence in me." On Monday, April 12, 2004, U. S. Congresswoman Shelley Berkley will hold her next Senior Advisory committee meeting. The location of the meeting is at the new Leiburn Senior Center, 6230 Garwood Avenue, Las Vegas, Nevada. "We plan on discussing the fllowing items: 1. the new Medicare prescription drug benefit. 2. Social security benefits (including privatization). 3. Notch baby legislation. and 4. Government pension offset." *2 "Please contemplate those issue that are most important to you and feel free to contact Jan Churchill at 220-9823 if you have anything you wish to place on the agenda. Jan will also accept your RSVP. Your input as a value member of this committee is very important to me. I look forward to seeing you on the 12th," wrote U. S. Congresswoman Shelley Berkley to Dr. Tony Tung-tien Lei, President of Washington Business and Technology Institute (WBTI). The letter was sent to him in Las Vegas as an Official Document by her from Washington, D. C. on March 29, 2004.*3 About the Author, U. S. Congresswoman Shelley Berkley, of the above letter:*4 Congresswoman Shelley Berkley was elected to the U.S. House of Representatives in November, 1998. Shelley represents constituents living in the First Congressional District of Nevada, including residents of Las Vegas, North Las Vegas, and unincorporated areas in Clark County. The District annually records the largest population increase in the nation. U. S. Congresswoman Shelley Berkley has A Lifetime of Commitment to Nevada She has lived in Las Vegas for over four decades. Shelley has a deep sense of commitment to give back to the community that opened the doors of opportunity for her. She also has never forgotten that her family headed west seeking a better life, and found it in Las Vegas. She completed junior high and high school in Las Vegas, then went on to become the first member of her family to attend college when she enrolled in UNLV. Elected Student Body President, 1971-1972, she graduated with honors and a B.A. in Political Science from UNLV in 1972. After earning her law degree at the University of San Diego School of Law in 1976, she returned to Las Vegas to begin her career. U. S. Congresswoman Shelley Berkley has successfully sought appointments that enable her to meet the needs of Southern Nevada, since she swore in as a Member of Congress on January 6, 1999. Shelley is a former Vice Chair of the Nevada University and Community College System Board of Regents. Appointed to the Board in 1990 by the Governor, she was then twice elected as a Regent by Las Vegas-area voters. She completed her second term on the Board in 1998. Throughout her tenure, Shelley worked to keep higher education in Nevada affordable and accessible to all qualified students. Elected to the Nevada State Assembly in 1982 and serving through 1984, She championed consumer protection for car buyers and mobile home owners, fought for tougher drunk driving laws, and founded the Senior Law Project. This bright lady has devoted her energies to charitable and civic efforts ever since she was a teenager. Her work and ideas have contributed to many of Southern Nevada’s successes. A representative sampling of her record of service includes: Past President, Las Vegas Public Broadcasting System affiliate, KLVX Channel 10; Former Board Member and Secretary, UNLV Alumni Association; Nevada Advisory Committee Member, U.S. Civil Rights Commission; Founder and President, Southern Nevada Association of Women Attorneys; among others. Shelley Berkley has held key positions in the private sector during a career that spans nearly a quarter of a century: Former Vice President of Government and Legal Affairs, Sands Hotel; Former Chair, Board of the Nevada Hotel and Motel Association; Former In-House counsel for Southwest Gas Corp; Former Deputy Director, Nevada State; Commerce Department; Former National Director of the American Hotel-Motel Association; Served as a Delegate to the White House Conference on Tourism; among others. Shelley Berkley has been recognized for her community service and commitment. Of the many awards she has received, some of the most notable are: Las Vegas Chamber of Commerce "Woman of Achievement"; Las Vegas Business and Professional Woman "Woman of the Year"; Clark County Mother of the Year, 1994; Las Vegas Review Journal's Outstanding Women in Clark County; UNLV Distinguished Alumnus of the Year; among others. Shelley and husband Dr. Larry Lehrner now reside in Northwest Las Vegas. Shelley's son Max studies at the University of Arizona, while son Sam attends Bonanza High School in Las Vegas. Dr. Lehrner's son David attends classes at Indiana University, while daughter Stephanie is enrolled in the medical school at Western University of Health Science in Pomona, CA.*5 It's our pleasure to post the following literature by the Office of Congresswoman Shelley Berkley at its website:*6 BERKLEY VOTES TO PROTECT MEDICARE AGAINST PRIVATIZATION Southern Nevada Seniors Could Face Thousands in Out-of-pocket expenses, Annual Premiums of $1,950. (November 22, 2003 -- Washington, D.C.) U.S. Representative Shelley Berkley (D-NV) today voted against Republican-sponsored prescription drug legislation (H.R.1) that would open the door to Medicare privatization, force seniors to pay thousands of dollars in premiums and prescription drug costs and drive millions of older Americans into HMOs "This plan promises more to HMO's and drug companies than it does to seniors faced with rising drug costs," said Congresswoman Berkley. "I support a prescription drug plan under Medicare, but not one that showers billions of dollars on insurance companies while leaving seniors to face thousands of dollars in out-of-pocket costs," Berkley said, noting that the bill gives $17 billion to PPOs and HMOs to lure seniors away from traditional Medicare. "The real goal of the Republican prescription drug plan is to open the door to the privatization of Medicare, a program that has protected America's seniors for decades." Berkley was one of 215 Representatives opposing the bill. A late-night vote on the legislation scheduled to last 15 minutes was held open for three hours by Republican leaders desperate to overcome an initial 216-218 loss. "Republican leaders struggled for three hours to get this bill passed anyway they could and I can only imagine that deals that were cut and the arms that were twisted," said Berkley Berkley also criticized provisions in the bill that would block re-importation of drugs from other countries at lower prices and prevent Medicare from negotiating better deals with drug makers to lower drug prices for seniors. "Republicans bowed to drug industry pressure and are out to prevent Medicare from using the buying power of 40 million Americans to negotiate better prices. If the VA can bargain for better prices on medicine for our veterans, why are Republicans blocking Medicare's ability to use the same bargaining chip?," Berkley said. The legislation also creates a gap in coverage, where seniors are left to pay 100% of their own prescription drug costs. "Some Las Vegas seniors will pay $4,000 out of their first $5,000 in drug costs under this plan -- that is not what I call comprehensive prescription drug coverage," said Berkley, describing the cost of the benefit to a senior earning more than $13,000 per year. Berkley also noted that a so-called "premium support" provision in the plan could leave Nevada seniors with some of the nation's highest annual premiums. "Under the GOP's prescription drug plan, seniors living in Clark County could be paying almost $2000 a year in Medicare premiums, while seniors in other parts of the U.S. would pay less than $700," she said. The premium support provisions in H.R.1 call for the selection of six demonstration projects nationwide. Las Vegas is one of the sites under consideration for this trial. A recent analysis by the Department of Health and Human Services shows that the premium support system would result in dramatic disparities in premiums for traditional Medicare within states and regions, and across the country. For instance, a senior in Clark County would pay $1,950 annually in premiums, while a senior in Davidson County, North Carolina would pay $675 annually. Finally, the plan would erode retiree coverage for almost three million seniors, including 15,000 Nevadans, who have good drug coverage now through retiree health plans. The GOP plan discriminates against seniors with retiree health coverage by excluding such coverage from counting toward spending for the catastrophic benefit.*7 On February 23, 2004, U. S. Congresswoman Shelley Berkley wrote Dr. and Mrs. Tony Lei that,"Thank you for your generous contribution to my re-election campaign. I greatly appreciate your support. Please know that your help makes a significant difference. I look forward to continuing my service in Congress and shall endeavor to serve in the manner that merits your confidence in me." *8 Shelley Berkley is born a leader. Shelley is an educated leader. Shelley is a prctical and bright leader since her college life. She received her juris doctorate degree from San Deigo Law School. She was the former Regent of University and Colleges of Nevada. She has been Executive Advisor for Washington Business and Technology Institute (WBTI) since 1996. Her successful leadership both good in work performance and human relations has won all her assistants' and followers' full and sincere respects. In order to celebrate Shelley Berkley's winning as U. S. Congresswoman, elected as a member of the International Relations Committee (IRC) of the Congress, and Dr. Tony Lei as her Senior Advisor; Washington Business and Technology Institute (WBTI) and Chinese American Academic Association of Nevada (CAAAN) established the "Literature and Academic Forum" ("LAF") in 1999. It has been brought to you by Las Vegas Review-Journal through http://communitylink.reviewjournal.com/lvrj/wbti. *9 At the time when Shelley was elected as the Member of IRC, she told Las Vegas Review-Journal that to promote the tourism, trade, and investment with foriegn countries for Nevada and our states is her primary interest. Her emphasis is enhancing the 2004 mission of WBTI: (1). To encourage and promote academic research, community service, humane spirit, and educational programs. (2). To launch and participate events and projects for the development and cooperation of tourism, education, business, and culture.*10 We are pleased to welcome her good wishes to all our citizens, residents, and visitors of Nevada that "I look forward to continuing my service in Congress and shall endeavor to serve in the manner that merits your confidence in me." *11 The following is the whole statement of the Press Release that we received from the Office of Governor Kenny Guinn:*12 FOR IMMEDIATE RELEASE: April 8, 2004 Contact Greg Bortolin or John Trent 775-684-5670 GOV. GUINN ANNOUNCES state receives $6.4 MILLION FEDERAL GRANT for people living with hiv/aids CARSON CITY - Governor Kenny Guinn announced today that the Nevada State Health Division¡¦s Bureau of Community Health has received continuation grant funding of $6.4 million for the Ryan White Title II program.*13 The grant allows the State of Nevada to provide significant funding throughout the state for drug assistance to individuals infected with HIV/AIDS who meet eligibility criteria. The program, AIDS Drug Assistance Program (ADAP), will help Nevada provide medical care, support services and prescription drugs. "I am proud to say that currently, the Nevada ADAP continues to serve clients without a waiting list," Gov. Guinn said. "Because of this important funding, no client goes without their HIV medication." The funding supplements more than $4.4 million that Las Vegas received in an earlier grant. The grant to Nevada is part of a $1.03 billion award shared among all states and U.S. territories from the U.S. Department of Health and Human Services. In addition to medical care, the grant enables participants to receive direct services, such as case management and outreach activities. These services are provided in a variety of environments, including correctional settings, local health districts and community providers. For more information about the Ryan White Title II program or the ADAP program, contact Christine Lovass-Nagy, Bureau of Community Health, 775-684-4229.*14 ------------------------------------ References *1. GSBPA of WBTI is the initials of Graduate School of Business and Public Administration (GSBPA) of Washington Business and Technology Institute (WBTI). *2. Berkley, Shelley. "A letter to Dr. Tony Tung-tien Lei from U. S. Congresswoman Shelley Berkley," (March 29, 2004), Washington, D. C.: Office of Congresswoman Shelley Berkley. *3. Ibid. *4. Google. ' U. S. Congresswoman Shelley Berkley's Biography,' "google.com. Google!" (April 2004), U. S. A.: Google! *5. Ibid. *6. Yahoo. 'Shelley Berkley's literature on Medicare,' "yahoo.com., Yahoo!" (March 2004), U. S. A.: Yahoo! *7. Ibid. *8. Berkley, Shelley. "A post card to Dr. and Mrs. Tony Lei," (February 23, 2004), Henderson, Nevada: Shelley Berkley for Congress. *9. GSBPA of WBTI. 'Congratulations! For U. S. Congresswoman Shelley Berkley,' "LAF3, Newsbrief of WBTI," (January 26, 2004), Las Vegas, Nevada: WBTI. *10. Bell, Stewart; Walsh, Jessie; and Chang, Chang. 'Las Vegas nicer with community service through cultural arts,' "10 Year Thai Cultures in Las Vegas, Nevada," (September 16, 2003), Las Vegas, Nevada: Thai Cultural Arts Association of Las Vegas. *11. Berkley, Shelley. Ibid. *12. Dr. Kenny C. Guinn is the Governor of Nevada, U. S. A.. *13. Office of the Governor. 'GOV. GUINN ANNOUNCES state receives $6.4 MILLION FEDERAL GRANT for people living with hiv/aids,' "An e-mail to Dr. Tony Lei from the Office of Governor Kenny C. Guinn," (April 8, 2004), Carson city, Nevada: Office of Governor Kenny Guinn. *14. Ibid. 22222222222222 77777777777777777777777777777 888888888888888888888888888888888888888888888 ************************************************* | | |
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Newsbrief ***** Monday, March 1, 2004 ***** # First Edition Washington Business and Technology Institute (WBTI) http://communitylink.reviewjournal.com/lvrj/wbtiAdvisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors. U. S. Secretary of Labor Elaine Chao Chairperson Dr. Tony T. Lei President District Judges Mark R. Denton and Valorie J. Vega Vice Presidents Dr. William N. Thompson Director of Public Administration Institution Dr. E. Lee Bernick and Dr. G. Keong Leong Deans of Graduate School of Business and Public Administration Dr. Sue Fawn Chung Director of Culture Institution Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC) District Attorney David Roger and Clark County Sheriff Bill Young Chairmen of CCDAPCC (702) 255-9058 *It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service aspects of our organization in an honorary or adjunct capacity. ------------------------------------------------------------------------------------------------- No Such Thing as "Dropping the Charges" in Domestic Violence Cases By Bernie Zadrowski* Want to drop the charges against my husband/boy friend? This is a phrase often stated by victims of domestic violence to myself and other prosecutors assigned to the domestic violence prosecution unit. For whatever reason, usually it is the classic “cycle of domestic violence. Many believe that a simple phone call to the district attorney directing them not to pursue the matter is all that it takes to end the litigation. [FN 1] This, thankfully for the victim, is not the case. Often my students at CCSN, where I have taught criminal law for the last six years, are surprised to learn that the district attorney’s office will pursue a case even after the victim has expressed an interest in not proceeding. They cannot understand how we would proceed without the victim (or as is often the case, with a “hostile victim). The simple answer that I tell them is that they have watched too many police dramas on television and that in real life, a prosecutor does not have the ability under the Nevada Revised Statutes to simply “dDrop a case that can be otherwise proven beyond a reasonable doubt. A prosecutor must follow the law, and the law states that: "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial . . ." [FN2] NRS 200.485(7)) Thus, there must be a significant problem with the case in order to discontinue the prosecution. The victim merely not wanting to proceed is not such a problem ?usually. Statistics show that there are approximately 1,600 calls per month reporting domestic violence cases to the LVMPD. [FN3] If the prosecution in the courts could be accomplished immediately after arrest, the problem of having a victim who does not wish to proceed would be avoided. However, there is always the passage of time that creates problems. Many of the cases wherein an arrest was made will be approved for prosecution, complaints will be drafted, and subpoenas will be sent out days, weeks, or months later. Many problems may surface after this point. For instance, a victim and/or witness may attempt to avoid service of the subpoena by failing to answer the door when the process server comes knocking, or she may actually leave the place of residence for a period of time. Hiding out until the case is over is a fact we frequently encounter. This, however, will not usually end the case. Frequently the State will exercise its power and secure a “material witness warrant whereby the victim will be arrested and brought in to court to give testimony. [FN4] This is a very harsh way to compel the victim to testify, and is very infrequently used. We just don’t like to have to put an innocent victim in jail to get them into court. However, if the crime is severe enough we will proceed in this fashion. Thus, the State can proceed in these cases where the victim wishes not to proceed. An even more frequent problem to successful prosecution is that the victim will show up to court, but will tell the prosecutor that “nnothing happened, or “I was exaggerating.“I was the one who started it, not him is a popular excuse. Now and then we also hear victims tell us that they never really told the police the things that were written in the police report and that the “cops lied. These “recanting victims as they are known in the battery/domestic violence unit can be dealt with even if they take the stand and recant their testimony. Often the police officer can be called to testify that at the time of the incident the victim offered a very different and compelling statement about the defendant’s guilt. Additionally, the prosecutor may offer into evidence an audio copy of the original 911 call, where the victim frantically pleads with the 911 operator to send the police. Sometimes the police officer can testify about everything that the victim told him in an “excited utterance. [FN5] These types of impeachment evidence may offer the judge just enough corroboration to convict the defendant even when faced with the recanting victim. Thus once again, the problem of having a victim who wants to “drop the charges can be overcome. A recent study found that, nationally, approximately 5 million women are beaten by their boyfriends or husbands annually, and that approximately four women are killed by a male intimate partner each day. [FN6] Nevada is not immune from such violence; one need only look at the headlines of the newspaper to see that we have our share of domestic violence. It is a serious problem, one that we have should have zero tolerance for in our community. Given these horrific statistics, I always remind my students that the police officers who arrest domestic batterers and the district attorneys who prosecute them will proceed with all of the tools that we have at our disposal to convict those who have committed an act of domestic violence. For a better understanding of why we must proceed on cases where the victim wants to “drop?the charges, I suggest taking a look at the section that deals with domestic violence at the LVMPD web site. It is worth looking at in order to answer the question of why we must proceed with these cases. [FN 1] Cycle of ViolenceLVMPD website - http://www.lvmpd.com/metro/domestic_violence_law.htm [FN2] Nevada Revised Statutes, sect. 200.485(7) [FN3] Las Vegas Review Journal, 12/26/03, “UUrban Legend, Domestic Violence Up all Year? [FN4] Nevada Revised Statutes, sect. 50.205 [FN5] Nevada Revised Statutes, sect. 51.095 [FN6] Nevada Legislative Council Bureau Research Division, background 95-02 ------------------------- About the author *1. Bernie Zadrowski is a deputy district attorney assigned to the special victims unit, battery/domestic violence detail. He is also an adjunct professor of criminal law at the Community College of Southern Nevada. *2. The University of Denver College of Law Denver, Colorado J.D. May 1997 *3. The American Academy of Dramatic Arts New York, New York A.O.S. Theater, 1990 *4. The University of Colorado Boulder, Colorado Bachelor of Science, Business Administration, 1988 GPA: 3.0 22222222222222222 555555555555555555555555555 888888888888888888888888888888888888888888888 *************************************************** | |
030104 |
Newsbrief ***** Monday, March 1, 2004 ***** # First Edition Washington Business and Technology Institute (WBTI) http://communitylink.reviewjournal.com/lvrj/wbtiAdvisory Board: Governor Kenny Guinn, Chairman; U. S. Senators Harry Reid and John Ensign, Vice Chairmen; U. S. Representatives James Gibbons and Shelley Berkley, and Las Vegas Mayor Oscar Goodman, Executive Directors. U. S. Secretary of Labor Elaine Chao Chairperson Dr. Tony T. Lei President District Judges Mark R. Denton and Valorie J. Vega Vice Presidents Dr. William N. Thompson Director of Public Administration Institution Dr. E. Lee Bernick and Dr. G. Keong Leong Deans of Graduate School of Business and Public Administration Dr. Sue Fawn Chung Director of Culture Institution Justice of the Supreme Court William Maupin, Attorney General Brian Sandoval, and District Judge Stewart Bell, Honorary Chairmen of Clark County District Attorney and Police Civil Commission (CCDAPCC) District Attorney David Roger and Clark County Sheriff Bill Young Chairmen of CCDAPCC (702) 255-9058 *It's our pleasure to pay a tribute to the above officials who dedicate to the civic and community service aspects of our organization in an honorary or adjunct capacity. ------------------------------------------------------------------------------------------------- No Such Thing as "Dropping the Charges" in Domestic Violence Cases By Bernie Zadrowski* Want to drop the charges against my husband/boy friend? This is a phrase often stated by victims of domestic violence to myself and other prosecutors assigned to the domestic violence prosecution unit. For whatever reason, usually it is the classic “cycle of domestic violence. Many believe that a simple phone call to the district attorney directing them not to pursue the matter is all that it takes to end the litigation. [FN 1] This, thankfully for the victim, is not the case. Often my students at CCSN, where I have taught criminal law for the last six years, are surprised to learn that the district attorney’s office will pursue a case even after the victim has expressed an interest in not proceeding. They cannot understand how we would proceed without the victim (or as is often the case, with a “hostile victim). The simple answer that I tell them is that they have watched too many police dramas on television and that in real life, a prosecutor does not have the ability under the Nevada Revised Statutes to simply “dDrop a case that can be otherwise proven beyond a reasonable doubt. A prosecutor must follow the law, and the law states that: "If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial . . ." [FN2] NRS 200.485(7)) Thus, there must be a significant problem with the case in order to discontinue the prosecution. The victim merely not wanting to proceed is not such a problem ?usually. Statistics show that there are approximately 1,600 calls per month reporting domestic violence cases to the LVMPD. [FN3] If the prosecution in the courts could be accomplished immediately after arrest, the problem of having a victim who does not wish to proceed would be avoided. However, there is always the passage of time that creates problems. Many of the cases wherein an arrest was made will be approved for prosecution, complaints will be drafted, and subpoenas will be sent out days, weeks, or months later. Many problems may surface after this point. For instance, a victim and/or witness may attempt to avoid service of the subpoena by failing to answer the door when the process server comes knocking, or she may actually leave the place of residence for a period of time. Hiding out until the case is over is a fact we frequently encounter. This, however, will not usually end the case. Frequently the State will exercise its power and secure a “material witness warrant whereby the victim will be arrested and brought in to court to give testimony. [FN4] This is a very harsh way to compel the victim to testify, and is very infrequently used. We just don’t like to have to put an innocent victim in jail to get them into court. However, if the crime is severe enough we will proceed in this fashion. Thus, the State can proceed in these cases where the victim wishes not to proceed. An even more frequent problem to successful prosecution is that the victim will show up to court, but will tell the prosecutor that “nnothing happened, or “I was exaggerating.“I was the one who started it, not him is a popular excuse. Now and then we also hear victims tell us that they never really told the police the things that were written in the police report and that the “cops lied. These “recanting victims as they are known in the battery/domestic violence unit can be dealt with even if they take the stand and recant their testimony. Often the police officer can be called to testify that at the time of the incident the victim offered a very different and compelling statement about the defendant’s guilt. Additionally, the prosecutor may offer into evidence an audio copy of the original 911 call, where the victim frantically pleads with the 911 operator to send the police. Sometimes the police officer can testify about everything that the victim told him in an “excited utterance. [FN5] These types of impeachment evidence may offer the judge just enough corroboration to convict the defendant even when faced with the recanting victim. Thus once again, the problem of having a victim who wants to “drop the charges can be overcome. A recent study found that, nationally, approximately 5 million women are beaten by their boyfriends or husbands annually, and that approximately four women are killed by a male intimate partner each day. [FN6] Nevada is not immune from such violence; one need only look at the headlines of the newspaper to see that we have our share of domestic violence. It is a serious problem, one that we have should have zero tolerance for in our community. Given these horrific statistics, I always remind my students that the police officers who arrest domestic batterers and the district attorneys who prosecute them will proceed with all of the tools that we have at our disposal to convict those who have committed an act of domestic violence. For a better understanding of why we must proceed on cases where the victim wants to “drop?the charges, I suggest taking a look at the section that deals with domestic violence at the LVMPD web site. It is worth looking at in order to answer the question of why we must proceed with these cases. [FN 1] Cycle of ViolenceLVMPD website - http://www.lvmpd.com/metro/domestic_violence_law.htm [FN2] Nevada Revised Statutes, sect. 200.485(7) [FN3] Las Vegas Review Journal, 12/26/03, “UUrban Legend, Domestic Violence Up all Year? [FN4] Nevada Revised Statutes, sect. 50.205 [FN5] Nevada Revised Statutes, sect. 51.095 [FN6] Nevada Legislative Council Bureau Research Division, background 95-02 ------------------------- About the author *1. Bernie Zadrowski is a deputy district attorney assigned to the special victims unit, battery/domestic violence detail. He is also an adjunct professor of criminal law at the Community College of Southern Nevada. *2. The University of Denver College of Law Denver, Colorado J.D. May 1997 *3. The American Academy of Dramatic Arts New York, New York A.O.S. Theater, 1990 *4. The University of Colorado Boulder, Colorado Bachelor of Science, Business Administration, 1988 GPA: 3.0 22222222222222222 555555555555555555555555555 888888888888888888888888888888888888888888888 *************************************************** | | | Go To Page: [1][2][3][4][5][6] 7 [8][9][10][11][12][13][14][15][16][17][18][19][20][21][22][23] | |