Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



Entries in children (6)

Tuesday
08Sep2009

OBAMA IS ALL ABOUT INDIVIDUAL RESPONSIBILITY, HARD WORK & DELFECTION OF POVERTY. WHAT'S WITH THE BAILOUTS AND UNIVERSAL HEALTH CARE?

I was pleasantly surprised by Obama's speech to K-12 students today. Maybe it was because I listened to it while standing outside of FNC's studios in NYC? (Speech here.) I don't think Obama had a secret agenda; just because a speech is given by our President, that doesn't mean it is intended to for an ulterior political effect. (And for the record, I'm quite the Obama cynic!) To me, it was simply a superb convocation speech with one purpose: to motivate our youth to become educated. (Last week, I gave a convocation speech to students at Indiana Tech University; too bad mine was not as well-written as Obama's!)

Before Obama's speech today, most kids had never been spoken to about individual responsibility, perseverance and reward. What I liked most, was that Obama gave examples - examples that our children understand - from JK Rowling to Michael Jordan. The majority probably didn't know that publishers dismissed the Harry Potter books so many times!


Obama's Theme: Work & Individual Responsibility


I studied Obama's DNC speech and wrote a detailed blog about his focus on hard work and the importance of working hard.  In fact, I lost count of how many times he said the word "work!" My blog here. Obama's speech had a similar theme today: students must work hard if they want to succeed.

Another Deflection

I find it interesting that it wasn't until the end of Obama's speech where he said something like "we are doing our part to get you the resources [for an education.]" Today's speech wasn't about what Obama's going to do to provide for the opportunity for our students to have the best education...but now he's opened the door so he better follow up!

Walk into a Chicago Public School one day and you will find kids whose only meal of the day is the one served in school. Many kids don't have those books and computers. Sure, he had an example of ONE child out of Chicago Public Schools who made it against the odds. But that girl is an anomoly. Kids cannot relate to that ONE child.  What is Obama going to do to bring our schools up to par?

Bailout the Rich, Not the Poor?
So as Obama talks about INDIVIDUAL responsibility, what is HIS responsibility to our future doctors, lawyers and teachers? He has chosen to bail out AIG, Chrysler, GM and the big dogs on Wall Street. Bail out the banks and the mortgage industry that contributed to their own demise but do not bail out the people who were essentially born with no resources, no food, no education? And on top of all the talk about individual responsibility, Obama wants everyone to have health care? Well, if health care is FREE, where is the individual responsibility?

Obama is totally contradicting himself.  He should pick a position and stick with it.  Speaking to kids about individual responsibility while he bails out Wall Street makes absolutely NO sense to me.

Previous Blog: 

MICHELLE & BARACK OBAMA: "WORK HARD"; LET'S NOT TALK ABOUT THE POOR

www.xpunged.com and www.tamaraholder.com

Tuesday
04Aug2009

POSSIBLE FOUL ON WHAT SHOULD HAVE BEEN A SLAM DUNK CASE

Picture of meth user's arms from the (www.anti-meth.org)Two people were arrested after police found a meth lab inside the home. Not only was an entire meth lab discovered, but a loaded gun was found nearby the basement dwelling of the couple where 5 kids also resided.
According to Boise's "Beacon Journal" staff writer Ed Meyer, "

The children — identified by Akron police as 11, 7, 5, 4 and 2 years old — and the 17-year-old were placed in the custody of Summit County Children Services. They are currently in the agency's care as officials consider foster homes, Akron Police Capt. Dan Zampelli said.

The couple, Ronald Lee Copeland, 37, and Sasha Marie Archer, 27, are being held at the county jail on drug and child-endangering charges. A jail official said bonds for both were set at $100,000.

On its face, the case looks like a slam dunk. Police acted on a tip, knocked on the door, and the couple gave them consent to search the house.

Last night, additional details were reported by a law enforcement official working the case.
1. The man’s aunt and uncle answered the door and allowed the police inside of the home.
2. A local meth lab tacitical team had known about this home for a week or so.
3. The police were acting on a tip from an informant.
4. Family services had recievied complaints at this home approximately 9 times.
5. The aunt and uncle cared for a sick relative in the upstairs portion of the home.
6. The couple and the children lived in the downstairs dwelling of the home.
7. The man allegedly consented to the search of the downstairs area of the home and the search also revealed his mail with his name on it ddressed to that location.

To the average person, this case looks like a winner for local prosecutors. But not so fast. I have a serious problem with this case: Where was the warrant???

A warrant can be obtained within minutes. All that needed to be done is that nvestigators go to the judge, they provide the judge with the information from the informant and any information they obtained in their WEEK-LONG investigation. Now, with the "consent" to come into the home, the "consent" issue may be a big battle for prosecutors. It would have been so simple for them to get a warrant. Silly that they did not.

Also remember that Family Services personel were called to that house allegedly 9 times. Police could have gotten a warrant based on alleged child endangerment alone...meth lab aside!

The couple is charged with numerous drug offenses and child endangerment. If convicted, they are looking at spending decades behind bars.

BUT, if defense attorneys file motions to suppress the evidence, which they may, any "fruits" of the illegal search can be tossed out of court. Then, certain charges might have to be dismissed.

It's this kind of thoughtless behavior on the part of the police that allows the bad guys back on the streets. Many people are found "not guilty" because of crappy police work, not because they didn't commit the crime, thanks to the American justice system.

Click here for pictures of what meth can do to you. Disgusting!

www.xpunged.com and www.tamaraholder.com

Thursday
30Jul2009

MICHAEL JACKSON CASE: NO MORE BABY MAMA DRAMA

Debbie Rowe, pictured with Michael

To be honest, I was not a huge fan of Debbie Rowe, the mother of Michael Jackson's two eldest children.  The whole arrangement, from the beginning, seemed fishy.  After Michael's death, I even speculated she may come out of the woodwork to battle over custody of the children, in an effort to get some cash from the estate.  (This was the speculation of many, not just me!)

It's been reported that Debbie has come to a non-monetary agreement with the Jackson family and has agreed to give Katherine Jackson, Michael's mother, custody of the children.  She is entitled to visitation and both sides also agreed to therapy for the children, per Ms. Rowe's request.

This is a bittersweet ending to what could have been a long, drawn-out process. 

One one hand, it's nice to know Debbie is not receiving a monetary settlement, although it's against public policy to sell your children, since this would have been a perfect time for her to stick her hand out for some more dough. Her recommendation the kids receive therapy is also a sign that she does care for their well-being and is concerned they receive emotional treatment.

But on the other hand, I find it so bizarre that a mother would not fight for the custody of her children, upon their father's death. But, maybe this goes to the initial agreement between Ms. Rowe and Michael: I'll have these children for you, per your request, but I do not want to be the traditional mother and bear any responsibility to these children.

Whatever the case may be, it's a blessing that these children will not be subject to a custody battle including court hearings, court-appointed representatives, etc. Now, the kids know they will be together; hopefully  they can now begin to heal with no uncertainties of who is going to raise them.

www.xpunged.com and www.tamaraholder.com

Monday
29Jun2009

PROTECTING WHAT MICHAEL JACKSON LEFT BEHIND - JOB #1: APPOINT TEMPORARY ADMINISTRATOR OF ESTATE

Michael Jackson with his mother, Katherine

Immediately after Michael Jackson's death, I wrote about a two issues that I felt were the most important: 1) prescription drug overdose and 2) issues over MJ's estate. 

There is a lot of speculation surrounding what caused MJ's cardiac arrest. Recent reports have said no food was found in his stomach, there were needle marks all over his body and he weighed somewhere around 120 lbs.  Of course, we won't know the real cause until the toxicology report is released...but I maintain my position that Michael died at the hands of his doctors.

Today, Michael's mother was appointed administrator of her son's estate. In my original blog, I suspected there may not even be a will, or there may be several wills. According to TMZ, a will has yet to be produced...I have a feeling there may not be a will!

We also learned today of Michael's numerous bank accounts that authorized 3rd parties access the money in the accounts.  Ms. Jackson fears, and rightfully so, that without court intervention, those people may loot the accounts.  Unfortunately, it looks like MJ's most basic financial affairs were not in order.  The Jackson attorneys are probably working around the clock to locate all assets, before others attempt to steal whatever they can as quickly as possible.

The same people who contributed to Michael's demise are the same ones who will be attempting to make a mad dash for the cash. All accounts must be properly secured - pronto.  Once liquid money is taken out, there is no getting it back.  I sure hope that all interested parties are made aware of the fact that any misuse of Michael's property will may constitute criminal charges.

www.xpunged.com and www.tamaraholder.com

Thursday
25Jun2009

WHAT'S NEXT: MICHAEL JACKSON'S ESTATE, QUESTIONS ABOUT CAUSE OF DEATH

Tamara & Michael Jackson - November 2007

There's no question Michael Jackson, the King of Pop, leaves behind a legacy. He was considered the most famous man in the world.  I had the opportunity to privately meet MJ in November 2007 at Rev. Jackson's 66th birthday party at the Beverly Hilton in LA. Michael was sweet and genuine. He complimented my dress. I did, however, get the sense that he was empty inside and full of pain.  It was at this meeting I believed there was no way he ever touched a child inappropriately or intentionally harmed anyone. Michael was a good man. And his love of Rev. Jackson as a longtime friend and advisor was obvious.

But...

There are 2 burning questions that, right now, are just speculation and will eventually be answered:

1) Is this another Elvis/Anna Nicole Smith-type death? Was he over-medicated with pain pills? 

Michael Jackson was 50 years old and was only a few weeks away from his final concerts in London. In fact, he was last reported at the United Center just yesterday.  Were doctors drugging him up? "Here, Michael, take this pill and you really will feel like you are walking on the moon." In July 2007, Michael testified during a deposition that he had been addicted to prescription pain medicine.  We are not talking about heroin here, ya'll. We are talking about doctors feeding meds. Article here.  Sound familiar? Remember the doctors who kept feeding prescription cocktails to Anna Nicole Smith until her sudden death?

From the deposition
Q As of March 31, 2003, were you still impaired because of the taking of prescription medication?
A I could have been.
Q During the period of time you were impaired by the taking of prescription medication, was this an impairment that lasted like all your waking hours, or did it come and go?
A It comes and goes, not all of the waking hours, of course not. Yes.
Q Now, during the period of time you were taking this medication when you weren't impaired, did you ever tell one of your advisors that you were [concerned] about your impairment and they better watch what you were signing during this period of time?
A Not that I recall.

Dangerous World Tour
Michael Jackson previously spent time in rehab for his addiction to painkillers.  In 1983, he cancelled the 2nd leg of his Dangerous World Tour for a brief stint in rehab.  Info here.

Remember, Anna Nicole was found unconscious in her hotel room and EMTs tried to save her. Same with Elvis Presley. His girlfriend found him unconscious on the floor of his bathroom. According to wikipedia, in two lab reports filed two months after Elvis' death, each indicated "a strong belief that the primary cause of death was polypharmacy," with one report "indicating the detection of fourteen drugs in Elvis' system, ten in significant quantity."  

There is a HUGE difference between a street-drug addict and prescription-drug addict.  Why?  The doctors have a ethical duty to monitor their patients. They have an ethical duty to not over-prescribe their patients. Doctors are the direct conduit between the patient and prescription drug addiction. Michael Jackson's personal physician was with him at his home at the time Michael went into cardiac arrest...that is suspect...

2) Get Ready for the Biggest Fight of the Estate in History

Michael Jackson's history of financial woes has a fame of its own. Here are a few issues to think about as Michael's estate prepares for an immeasurable legal battle.  If you think there were people out to get him for his money while he was living, just wait...the people staking their claim in Michael's property are going to jump out of nowhere like starving sharks beneath a man on a fishing boat in the great ocean. I betcha attorneys are electronically filing documents right now!

It has been reported for years that Michael has major debt, in spite of the hundreds of millions of dollars he made in his lifetime.  Creditors will get to attach their rights to the estate before Michael's 3 children will see a penny.  But will his kids ever see any money? The only way they'll get a piece of their father's estate is if he provided for them in his will.  What if there is no will? Then fall of his assets will go thru intestate succession and won't be disturbed by a probate judge. 

Neverland Ranch: In February 2008, Neverland Ranch was facing foreclosure.  But, in November 2008, he transferred the title to Sycamore Valley Ranch Company LLC but he still owned an unknown stake in the property (Sycamore Valley Ranch is a joint venture between Jackson and an affiliate of Colony Capital LLC (an investment company run by billionaire Thomas Barrack, Jr.). Neverland Ranch

We also have Michael's ownership of the Beatles catalog, his ownership of his own music, and all of his possessions. And what about his international assets? Michael surely has money tied up in other countries. Remember when he was in Bahrain for some time?  

Then we have the undisclosed settlement, which has been reported to be approximately $15 million, to the child who accused him of sexual misconduct. And what about the $30 million advance from the concert promoters for his major production in London? Beatles - Jackson owns the Beatles catalog

Don't forget all the lawyers involved in Michael's life.  Expect lawsuits against them for not protecting certain assets or not making certain contracts air-tight.  

The fight over Rick James' estate ain't got nuthin' on the fight over Michael Jackson's estate. Michael is estimated to be worth 1 billion but his debts estimated to be about 1/2 billion...that means the legal battle is going to cost hundreds of millions of dollars. I just hope there is something left for his children...

3) What about the people closest to Michael? 

Following Michael's death, brother Marlon Jackson told the press that Frank Dileo, Michael's manager, "told me that Michael last night was complaining about not feeling well. He called to tell him he wasn't feeling well. Michael's doctor went over to see him, and Frank said, 'Marlon, from last night to this morning, I don't know what happened.' When they got to him this morning, he wasn't breathing." 

The 911 call was not placed until 12:21 pm Pacific.  If Marlon's statement is correct, that Michael wasn't breathing when they got to him in the morning, then what the heck was going on between morning and noon? 

Furthermore, if Michael was complaining that he wasn't feeling well the night before, why didn't anyone take him to the hospital that night? Who was with him? And what were they doing? Feeding him more pills? Reports says Michael's doctor gave him demoral - a highly addictive pain medication, before Michael collapsed.  

www.tamaraholder.com and www.xpunged.com

 

 

Tuesday
13Jan2009

DREW PETERSON'S "FIANCEE" MOVES IN - BEST INTERESTS OF CHILDREN FEARED

Drew Peterson's “fiancée" moved into the home of Drew and (missing) Stacy Peterson today.  Problem is, she did not move in alone.  She also moved in with her two minor children. Article here.  

Shortly after moving in, the cops were allegedly called to the Peterson home twice, along with the Department of Children and Family Services (DCFS) after the fiancée’s father of her children could not get reach his kids after making numerous telephone calls to the Peterson residence.  

And another allegation is Drew is planning to sell the home he shared with Stacy so that he can buy a new home to share with the new woman, her children, and the children he shares with Stacy. 

This situation brings up several issues of which I will go into detail later:

1)   Drew is still married: I actually wrote about this in great detail when it was rumored that Drew might be filing for divorce from Stacy on the grounds of abandonment.  My blog here.  There is no way any sane judge will grant him a divorce on these grounds! Thus, Drew can be "engaged" because it has no legal bearing; he cannot, however, get married because he isn’t even divorced! 

2)   The marital property of Drew and Stacy: I am not sure if the home of Drew and Stacy is in their names jointly or if it is solely in his name.  Regardless, I am concerned that Drew is attempting to dispose of the marital property.  Hopefully, Stacy’s family will intervene if Drew does attempt to put the home on the market in an effort to buy a larger home for the new fiancée and her kids. 

3)   ** The Best Interests of the Children: This is my greatest concern.  Look, if an adult woman wants to date Drew Peterson, that is her decision, as crazy as she may be.  But Drew is the only named suspect, although not formally charged, in his ex-wife, Kathleen Savio’s, death and his current wife, Stacy Peterson’s, disappearance.  And if I were the “fiancee’s” ex, I would be concerned for my children too.  He has a legitimate concern!  His children are living with a suspected killer!

But what should happen? Should DCFS get involved in the case and should the father attempt to have the children removed from the home? Well, cases like this do not require the same burden as in a criminal case: beyond a reasonable doubt.  Instead, DCFS will look at “the best interests of the children” and determine if that allows them to remain in the Peterson home.

Some may argue, “He is only suspected of allegedly killing his wives, not his children.” I would argue, however, that he has a violent propensity and any person, be it a child or a lover, is potentially in danger of Drew Peterson.

Another piece of food for thought: does this new development of the children moving in and the issue of safety of the children add pressure to the prosecutor to expedite the case and indict Drew for murder on one, or both, of the cases?  If the State’s Attorney does not act quickly enough, there may be another incident at that home that could have been avoided BUT FOR their failure to arrest him. I previously discussed the "Drew Peterson Law" that was recently passed at the end of last year here.  

In conclusion, the moving-in of Drew’s new fiancée and her children brings about many more issues that require immediate attention.  Most importantly, the safety of the children must be determined as soon as possible!

www.xpunged.com and www.tamaraholder.com