Monday, January 17, 2011

Mental Health Check for Gun Buys? Talk About a Straw Man...

by Stephen Lemons, Phoenix New Times, January 13, 2011

In the wake of the Tucson massacre, there have been, as you might expect, a number of folks who have suggested that maybe Arizona, and the nation, would benefit from stricter gun legislation.

My recent commentary "Day of the Dead," published in this week's New Times, argues that reining in Sand Land's gun nut culture would be a good thing. Perhaps some simple, common sense hurdles placed in deranged killer Jared Lee Loughner's way could have made Loughner's shooting spree less likely, or less lethal.

But, reading the comments left on the opinion piece, you'd think the article was calling for the elimination of all handguns, as well as the gutting of the Second Amendment to the U.S. Constitution.

While those might be interesting propositions, the only ones discussing them as if they're legitimate are the firearm fanatics themselves.

This is, of course, is a classic straw man fallacy, where the writer sets up a false premise, knocks it down, and then claims to have refuted their opponent's argument.

My colleague Ray Stern uses such straw man arguments in his recent blog item, "Five Reasons Why a Mental Health Evaluation Should NOT be a Prerequisite For Buying a Gun."

Who is proposing such a prerequisite? Stern does not enlighten us here. Instead he goes about arguing why it would be wrong to have such a prerequisite, and he does the same for a pre-gun buy urinalysis, another "straw man."

To be sure, there are some wacky ideas floating around, such as New York Republican Congressman Pete King's 1,000 foot gun-free zone for public officials.

To cop a line from The Daily Show's Jon Stewart, can us regular schmos get that same gun-free buffer as well?

Still, Stern is not discussing any specific proposal that I'm aware of. I contacted the Brady Campaign to Prevent Gun Violence, and spoke with senior attorney Dan Vice. Vice told me the Brady Campaign is not pushing for the elimination of all handguns.

Instead, the Brady Campaign is seeking reinstatement of the federal assault weapons ban, or at least the part having to do with high-capacity magazines, like the 31-round clip Loughner used. The 1994 assault weapons ban limited magazines to 10 rounds, but it expired in 2004, and Congress did not renew it.

The Brady Campaign also wants comprehensive background checks for all gun buys, more extensive than the "instant" FBI check purchasers receive at licensed gun dealers. In addition, the organization would like to see the loophole for gun shows and private sellers closed.

As for the "mental health check" Stern posits, that's not a Brady Campaign proposal, Vice told me. However, the release of mental health information could be a part of a more comprehensive background check. In some cases, it already is.

"Some states require gun purchasers to authorize a search of their mental health records," said Vice. "Obviously, just seeing a psychiatrist would be no problem, but if someone was noted to be a danger, a search of their record could reveal that."

Vice explained that Illinois, Hawaii, New Jersey, Maryland, Minnesota and Washington state have such a requirement.

Even without a mental health records search, some states with more comprehensive background checks force the applicant to come in contact with authorities, according to Vice. In the case of someone like Loughner, just interacting with them could raise a red flag, more questions might be asked, and a gun permit might end up being denied.

Stern kvetches that going through a process like that in New York, say, could take "weeks" and, "the licensing process adds a lot to the cost of a gun."

Hey, cry me a river.

Life is full of inconveniences, restrictions, and forms. Hell, you even have to fill out a form to rent movies at Blockbuster. It's called civilization. The only way out, really, is living off the grid in a cave somewhere. Or anarchy.

Take cars. There are all sorts of restrictions on operating motor vehicles, many of which limit personal liberty. You have to have a license, insurance, not drive while intoxicated, wear seatbelts.

Automobile makers must comply with a catalogue of federal requirements.

And yet, pretty much anyone who wants a car in this country can buy one. If you want more than one car, it will add to your costs in various ways, the price of the license plates, for instance.

So, um, what's the big deal? Yes, the Second Amendment guarantees your right to bear arms. It does not, however, preclude the states or Congress from implementing certain legal restrictions. The First and Second Amendments are not absolutes. Nor should they be.

As for Stern's worry about the harm to Arizona's "robust gun industry," once again, it's hard for me to get teary-eyed here. Every industry has to deal with ever-shifting federal, state, and local regulations. And the gun industry does not deserve a pass.

Not all gun enthusiasts are against sane gun laws, but there are many out there who demand carte blanche. They want what they want, and they don't seem too troubled when other members of society have to deal with the bloody consequences. This is a petulant, juvenile, state of mind, one the adults in the discussion should reject.

Tuesday, January 4, 2011

Top Five Identity Theft Scams

by the Better Business Bureau, http://central-northern-western-arizona.bbb.org/

The risk of becoming a victim of identity theft is everywhere. Criminals can gain access to personal information through various ways including mail, computer, credit cards, and even garbage cans. Your BBB has identified the top five scams seeking to steal your identity in 2010.

“ID theft prevention should always be on an individual’s mind,” said Matthew Fehling, President/CEO of BBB. “When it comes to protecting your identity, an ounce of prevention is worth far more than the amount of money, energy, and agony that goes into getting your life back to normal after your financial and personal information has been stolen.”

The Federal Trade Commission (FTC) estimates that as many as 9 million Americans have had their identities stolen this year. Victims may not be aware about the theft until they review their credit card statements and credit reports, or are being contacted by a debt collector.

BBB recommends being on the lookout for the following identity theft scams:

1. Social-Networking Scam - With the rising use of social networks, ID thieves can hijack accounts and post worrisome status updates, urging friends to send money. Frequently, these messages and status updates revolve around being mugged overseas or being stranded out of state with no money. Friends who read the message immediately grow concerned and try to help by wiring over funds to identity thieves.

BBB Advice: Contact friends and family to speak with them personally about the message received. This will help determine if the message received is legitimately from a friend.

2. Telephone Denial of Service Attack Scam - Criminals will tie up a phone line with hundreds or even thousands of calls, while they loot bank accounts. As a result, the bank can’t contact consumers to verify the transactions being made because of the tied-up phone lines.

BBB Advice: Never give personal information to an unsolicited caller or via e-mail; change online banking and automated telephone system passwords frequently; check account balances often; and protect computers with the use of the latest virus protection and security software.

If you have been targeted by a telephone denial of service attack, contact your financial institution and telephone provider, and file a complaint with the Internet Crime Complaint Center.

3. Renter’s Scam - The renter’s scam is also a rising trend. Criminals pose as homeowners listing the personal information of the “real” homeowner asking potential tenants to fill out applications that require personal and financial information, as well as money that is to be sent to an overseas address. The criminal then disappears, leaving victims out of their money and a home, as they realize they were not working with the “real” property owner.

BBB Advice: Always research the property owner thoroughly before providing any personal information and entering into any sort of financial agreement. Never wire money to an overseas address you are unfamiliar with since it will be virtually impossible to recover.

4. Charity Scam - Criminals pose as legitimate sounding charities seeking to collect money for a particular cause. Many set up fake websites and send e-mails to unsuspecting users requesting sensitive information such as social security numbers and passwords, allowing criminals to steal your identity.

BBB Advice: Before making a donation, remember to review any charity with BBB’s Wise Giving Alliance. Visit www.bbb.org/charity to verify that a charity meets the BBB’s 20 Standards for Charity Accountability.

5. Job Scam - Work-at-home scams are conducted by cybercriminals who recruit victims to engage in illegal activities such as money-laundering. Typical scams include e-mails that involve a “you are hired” subject line and specifically target job-seekers. The e-mail, supposedly from the human resources department, will forward new-hire forms that need to be filled out. These forms require the applicant to submit personal information such as one’s birthday, social security number, and bank account numbers which cybercriminals can use to steal one’s identity. The victim may also be instructed to deposit checks, which are usually fake, and then asked to wire funds.

BBB Advice: To avoid a job scam, research the company thoroughly and make sure you have legitimate contact information. Contact the company directly to verify they are requesting your personal information and never wire any funds.

If you have become a victim to any of these identity theft scams, file a complaint with your BBB by visiting arizonabbb.org or calling 602-264-1721.

Sunday, January 2, 2011

Murderer Caught by Arizona Private Investigator

written by Megan Boehnke - Mar. 26, 2010, The Arizona Republic

Judge Bradley Soos asked twice Thursday if the feeble man before him in a Pinal County Superior Courtroom could hear him.

"I think so," said the man, leaning forward, his hands cuffed, his tattoos drooping beneath his red jumpsuit.

The court knows the man as Frank Dryman, a fugitive from parole, a murderer who shot a man seven times in the back in a small Montana oilfield town in 1951.

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His neighbors in Arizona City know him as Victor Houston, the gruff yet charming deacon who ran a wedding chapel, painted signs and sold cactuses and desert knickknacks. He was a notary public. He was on the board of the local Moose Lodge. He graduated from the sheriff's citizens' academy.

In Arizona City, the man everyone saw but few knew well had suddenly become the man who had nearly been hanged in Montana.

In the sleepy community 60 miles south of downtown Phoenix, news spreads fast. One car after another drove by the compound surrounding his wedding chapel Thursday morning, boots hang from the skeleton of a cholla cactus. But beyond knowing him as the quirky man who ran the town's wedding chapel, few really knew much about their neighbor, and no one in town knew him as well as his close friend Patricia Lindholme did.

Not long after she met the man she knew as Vic, he told her he once killed somebody.  He told her that it was in a bar fight a long time ago and that he had served his time.  She didn't ask questions.

Decades earlier, a 19-year-old Frank Dryman caught a ride with Clarence Pellett, a rotund cafĂ© owner and father of six, as Dryman hitchhiked from California to Canada in April 1951. When the two arrived in Shelby, Mont., Dryman pulled a .45 caliber pistol.  Pellett took off running.  Dryman missed with the first shot but felled his victim with the second.  Then Dryman walked up to the body and fired six more shots.

A 160-man posse fanned out across northwestern Montana in search of Pellett. They found his body with eight empty shells nearby, about 45 feet from muddy tire tracks in a field.

Authorities caught up to Dryman in Canada the next day, and he signed a confession. Within a week of the murder, he was convicted and sentenced to hang.  The state's "galloping gallows," the traveling execution squad, would be coming to Shelby.

The newspaper in town published a special section about the murder, but the hanging never happened.  The verdict was thrown out because of the local publicity.  After a second trial he was sentenced to a life of hard labor in the state penitentiary.  He served 14 years.  Two years later, he skipped out on his parole.

"Whatever happened to the infamous Frank Dryman, the cold-blooded murderer?" the Great Falls Tribune asked in an article written in 1977.

In the three decades that Frank Dryman lived as Victor Houston, his only brush with the law was a speeding ticket from the Pinal County Sheriff's Office.  He tended to his own business, spoke his mind occasionally and built a humble life as a sign-painter and a father.

He paid his yearly dues to the Chamber of Commerce.  Most businesses around town display signs painted by Dryman.  No one knew it was a trade he picked up in prison.

His daughter and stepdaughter attended local schools in the 1990s, when Houston participated in a parent-teacher organization and donated signs to carnivals.  Most in town saw Vic as a rough but active member of the community.  Lindholme saw him differently.

"There was something so sad coming off of him," she said. "I saw this deteriorating old man, and there was nobody to help him."
 
He was legally blind and could barely hear.  He had liver failure and had survived prostate cancer.  In recent weeks, he began asking Lindholme to take care of his affairs.  He wrote a will on March 16 and asked her to be its executor.  But looking back, Lindholme said, she still doesn't think her friend Vic knew what was coming.

Neither did Clem Pellett, who was born two years after his grandfather was shot to death. Clem's father never spoke about the murder but warned Clem to never pick up hitchhikers.  It wasn't until he cleaned out his mother's Chandler home that Pellett, an oral surgeon from Washington, discovered a box of mementoes and the newspaper clippings on his grandfather's death.

Pellett called local Montana newspapers and began requesting more clippings.  He looked through transcripts of the trial, where his wife found a description of Dryman's tattoos.  He requested records from the Montana Department of Corrections and the parole board.  Then he began searching for Dryman himself.  Before long, Pellett received a call from a family friend that a private investigator had found Dryman.

"I was just flabbergasted.  I thought he was dead," Pellett said.

Patrick Cote, a private investigator based in Casa Grande, Arizona, tracked Dryman's Social Security number to the wedding chapel.  Cote went looking for Frank Valentine, another alias.  He found Victor Houston.  His tattoos were similar and the stories seemed to match.

"Dryman and Houston were one and the same," Cote wrote in his report to the Pellett family.

It took Pinal County sheriff's deputies about 30 minutes to get a confession.

The tattoos were faded and his fingerprints weren't in the national database.  But after the detectives told Houston that they were getting an analyst to compare his prints to those of the missing Frank Dryman, he broke down and told the truth.

On Thursday, two days after his arrest, Dryman signed a waiver to forfeit his rights to extradition proceedings.  The state of Montana will come to Arizona to pick up the fragile old man. The state's parole board then has the option of re-paroling him, sending him to prison with the option to return before the board or requiring him to serve the full life sentence.

Lindholme said if he does return to prison, she isn't sure how long he'll last. With his recent money problems and the loss of his license, life in Arizona City has been hard.

Lindholme has been in touch with his daughter, who lives in New Mexico, and his siblings.  They all knew of his past, though how much his daughter knew is unclear.  Dryman even told a detention officer that he was relieved to not have to run anymore, said Tamatha Villar, a sheriff's department spokeswoman.

"Vic was chased by demons all his life," Lindholme said. "Let's face it, all he had to do was abide by the rules, and he couldn't do it."