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Saturday Morning Nemo and Open Thread

To the East Cost Power Companies, who are trying to restore power to thousands or millions from last nights blizzard Nemo on the East Coast"

"Can't start a fire without a spark."

Here's hoping they get it turned back on soon. Living in the dark is fun at night-- not so much in the day. [More...]

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Colo. Sheriffs Oppose Obama's Gun Control Measures

The Colorado Sheriff's Association, which represents Colorado's 62 elected County Sheriffs, has come out swinging against President Obama's executive orders on gun control. The Sheriffs also oppose assault weapons and high-capacity ammunition magazine bans. Their position paper is here.

The Sheriff's say (and I agree) the tragedies of Sandy Hook and Aurora, Colorado should not be used as a "backdrop" for gun control laws.

CSOC will not waver on our defense of the Constitution, and will stand to preserve every constituent's right to possess a firearm. We believe the Second Amendment is no less important than the other nine Amendments contained in the Bill of Rights.[More...]

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Report: Grand Jurors Voted on JonBenet Ramsey Charges in 1999.

JonBenet Ramsey was 6 years old when her body was discovered in her home on December 26, 1996. Today she’d be 22. No one has been charged with her murder.

There were problems from the outset with the collection of evidence and a compromised crime scene and misreporting by the media, which were compounded by infighting between the Boulder police and prosecutors. In 1998, the Governor stepped in, and experienced prosecutors from adjoining counties joined Hunter’s team in presenting the case to a Boulder grand jury. [More...]

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Defense Says No Plea Entry for James Holmes Friday

Update 1/11/13: The Judge continued the arraignment until March.

Update: The Judge has written a 62 page order finding probable cause and stating tomorrow's hearing, which previously was set to be a status hearing or arraignment, is now procedurally an arraignment, even though the defense is unlikely to enter a plea.

The hearing scheduled for January 11, 2013, at 9:00a.m. is HEREBY converted to an arraignment. This Court recognizes that the defense, in their Objection to Expanded Media Coverage (D-25), is requesting that the matter be set for a status hearing. This Court believes that procedurally it should be an arraignment, but notes, based on D-25, that the defense is likely to request a continuance of this arraignment and that the People should be on notice for Victims' Bill of Rights purposes.
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New Report on FISA Threat to Europeans' Cloud Privacy

A new report produced for the European Union finds Europeans face a significant threat to individual privacy from the ability of the U.S. Government to spy on material stored in the cloud without a warrant, as a result of the renewed FISA Act amendments.

The report, by the Centre for the Study of Conflicts, Liberty and Security, says that FISA allows “purely political surveillance on foreigners' data” if it is stored using U.S. cloud services like those provided by Google, Microsoft and Facebook.

The full report is here. [More...]

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Aurora Shooting Suspect James Holmes Heads to Court

A week-long hearing begins today for Aurora theater shooting suspect James Holmes.

It is both a preliminary hearing and a "proof evident/presumption great" (bail) hearing, which the court refers to as a "preliminary/proof evident" hearing, for short. (No, bail is not really on the table, but the Judge does have to make findings regarding it.)

The defense received permission last week to subpoena and call two witnesses at the hearing, over the objection of prosecutors. The Court's order, which nicely explains the purposes and dual character of the hearing is here. [More...]

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Colorado's Largest Shooting Range to Open Jan. 23

Cheyenne Mountain Shooting Complex, Colorado's largest shooting range ever will open Jan. 23 in El Paso County (near Colorado Springs.)

County support services director Imad Karaki says:

"This is the largest shooting complex in the state of Colorado," Karaki said. "The location here is incredible. It's about safety and fun. We also want serious hunters to come out here."
The range will rent firearms and sell ammunition. [More....]

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Another Aurora Shooting

Sonny Archuleta, 33, was reportedly on a four day meth binge when he shot and killed three family members inside their home. Sonny Archuleta is also dead. Hostage negotiators were unable to reason with him.

"Sonny, come downstairs. Sonny, we have your wife. Sonny, come out and we'll get you the help you need," [witness] Bustios recalled police telling the man.

We know you've been up for four days. What's done is done. Come out and we'll get you some help," Williams quoted police as calling out on the bullhorn.

Sonny was a very religious person. This is his Twitter page. Archuleta's wife, Stephanie Philbrook Archuleta, who jumped out a window and escaped, told police her husband is mentally ill. [More...]

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Rep. Diana DeGette Introduces Bill to Allow Amendment 64 to Proceed

Colorado Rep. Diana DeGette today followed through with her promise to introduce federal legislation to respect the will of the voters on Amendment 64. She has introduced the "Respect States' and Citizens' Rights Act of 2012."

The bill would amend 21 USC 903 of the Controlled Substance Act by adding a provision:

In the case of any State law that pertains to marijuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law.

Currently, section 903 reads:[More...]

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Denver DA to Drop Pending Marijuana Cases (Under 1 Ounce)

A day after Boulder DA Stan Garnett announced his office will drop pending marijuana cases involving adult possession of less than an ounce of marijuana, Denver District Attorney Mitch Morrissey announced his office will do the same.

There are about 70 cases pending in Denver that would fall under the amendment, Denver district attorney spokeswoman Lynn Kimbrough said Thursday. As those cases go through the court system, they will be reviewed for possible dismissal. This won't apply to cases where there is another charge or when the person is under age 21, she said. People who think their case may be dismissed still must appear at their court date, Kimbrough said.

The North Metro Drug Task Force remains opposed. Its latest argument: [More...]

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Boulder DA Dismisses All Minor Marijuana Possession Cases

Boulder County District Attorney Stan Garnett today announced his office will dismiss all pending cases charging adult possession of up to an ounce of marijuana and/or related drug paraphernalia.

District Attorney Stan Garnett will dismiss all pending criminal cases of possession of less than an ounce of marijuana, saying the overwhelming support for Amendment 64 in Boulder County makes it highly unlikely a jury would ever reach a guilty verdict in any of those cases.

"You've seen an end to mere possession cases in Boulder County under my office," Garnett said Wednesday, becoming the first Colorado district attorney to drop pot cases because Colorado voters approved Amendment 64 earlier this month.

Boulder police responded by announcing they will no longer issue citations for these offenses: [More...]

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Student Wears Joker Mask to Colo. Theater, Gets Arrested

A 17 year old student was in a juvenile detention center Sunday night after wearing a joker mask to a Colorado Century movie theater in Boulder. He didn't have a weapon or make any threats, but 5 patrons were scared enough to leave and call 911, which police say is enough for 5 misdemeanor menacing charges.

Menacing (18-3-206)

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed: (a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or (b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Police say the student knew about the Aurora theater shootings which occurred while the Dark Knight was scheduled to be shown. Is that enough to show he knowingly placed people in imminent fear of bodily injury? Probably. [More...]

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