Click. MAGISTRATE WAYNE BRAZIL GIVES UP HIS AMBITIONS TO BE A FEDERAL JUDGE. As for becoming an Article III -- or full-time federal -- judge, Brazil says he doesn't want to take that step. "I did at one time, but I don't anymore," he said, declining to elaborate.


Click. LOCKERBIE TRIAL DELAYED.  NEW EVIDENCE MUST BE INVESTIGATED. Defense needs to carry out investigations on three continents and in at least six countries.



Click. Evidence Supports Existence of Bigfoot.

Original Message -----
From: "NewsHawk Inc." <
Sent: Wednesday, October 25, 2000 7:35 PM

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Evidence Supports Existence of Bigfoot
NewsHawk® Inc.
Research Continues Into  Bigfoot 'Body Imprint' Cast
Idaho State University Press Release

Idaho State University Researcher Coordinates Analysis of Body Imprint
that May Belong to a Sasquatch

POCATELLO -- Dr. Jeff Meldrum, associate professor of anatomy and  anthropology at Idaho State University, is a member of the scientific  team examining a plaster cast of what may be the first documented body  imprint of a Sasquatch.

The imprint of what appears to be a large animal's left forearm, hip,  thigh, and heel was discovered Sept. 22 in a muddy wallow near Mt. Adams  in southern Washington state by a Bigfoot Field Researchers Organization  ( expedition in the Gifford Pinchot National Forest.

The investigating team, including Meldrum; Dr. Grover Krantz, retired  physical anthropologist from Washington State University; Dr. John  Bindernagel, Canadian wildlife biologist; John Green, retired Canadian  journalist and author; and Dr. Ron Brown, exotic animal handler and  health care administrator, all examined the cast and agreed that it  cannot be attributed to any commonly known Northwest animal and may
represent an unknown primate.

Meldrum, whose research includes comparative primate anatomy and the  emergence of human walking supervised the careful cleaning of the cast,  and will coordinate its analysis by a scientific team. He first became  actively interested in the question of the existence of a North American  ape after examining fresh Sasquatch (popularly called Bigfoot) tracks in 1996.

"While not definitively proving the existence of a species of North  American ape, the cast constitutes significant and compelling new  evidence that will hopefully stimulate further serious research and  investigation into the presence of these primates in the Northwest  mountains and elsewhere," Meldrum said.

Dr. LeRoy Fish, a retired wildlife ecologist from Triangles Lake, Ore.,  with a doctorate in zoology from Washington State University; Derek  Randles, a landscape architect from Belfair, Wash.; and Richard Noll, a  tooling metrologist from Edmonds, Wash.; discovered and cast the partial  body imprint during the BFRO expedition.

More than 200 pounds of plaster were needed to produce the 3-1/2 x  5-foot cast of the entire impression, which was reinforced with  researchers' aluminum tent poles. Other Sasquatch evidence documented by  the BFRO expedition includes voice recordings and indistinct 17-inch footprints.

Trace evidence attributed to Sasquatch is usually footprints, but  impressions of other body parts, including hands, knuckles, and  buttocks, have occasionally been found. This unique instance of a  partial body impression provides further insights about this elusive ape species' anatomy. Preliminary measurements indicate its body dimensions are 40 to 50 percent greater than those of a six- foot tall human.

After the cast was cleaned, extensive impressions of hair on the buttock  and thigh surfaces and a fringe of longer hair along the forearm were  evident. Meldrum identified what appear to be skin ridge patterns on the  heel, comparable to fingerprints, that are characteristic of primates.

The ridge characteristics are consistent with other examples from  Sasquatch footprints Meldrum has studied in collaboration with officer  Jimmy Chilcutt, a latent fingerprint examiner with the Conroe, Texas,  Police Department. The anatomy of the heel, ankle, and Achilles tendon  are also distinct and consistent with models of the Sasquatch foot  derived by Meldrum after examining hundreds of alleged Sasquatch

Hair samples collected at the scene and from the cast itself and  examined by Dr. Henner Fahrenbach, a biomedical research scientist from  Beaverton, Ore., were primarily of deer, elk, coyote, and bear, as was expected since tracks in the wallow were mostly of those animals.  However, based on characteristics matching those of otherwise indeterminate primate hairs collected in association with other Sasquatch sightings, he identified a single distinctly primate hair as "Sasquatch."

Sasquatch is a species of North American ape suspected to inhabit the  mountainous forests of the Northwest. Its existence remains  controversial despite numerous eyewitness sightings and the discovery of  enormous footprints.

  ++ NewsHawk subscriptions cost $15 US for three months, payable by MONEY
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By Gary Klien

A vocal critic of the Marin family courts has sought police intervention after Judge Michael Dufficy's son called her a "bitch" and allegedly threatened to harm her and her husband, police confirmed yesterday.

Kathryn Ballentine Shepherd, an attorney in Larkspur, filed a police report last Thursday after Kevin Dufficy called her office and left an irate message with Shepherd's paralegal.

According to Shepherd, Dufficy told paralegal Sharon Webster-Orofino to tell Shepherd "she's the biggest bitch I've ever seen and if I ever see her I'll kick her ass and her husband's."

Webster-Orofino signed a sworn affidavit confirming the remarks, said Twin Cities Tom Paraspolo.

Kevin Dufficy, reached yesterday at work, acknowledged the "bitch" comment but denied making the threats.

"Let it be known that Kathryn is the biggest, backstabbing, unstable, vicious bitch that I've ever met," said Dufficy, 37, of Kentfield. "Her claim that I threatened her is not only false, but it's another example of how far Kathryn is willing to go to keep her name in the spotlight."

Shepherd, for her part, said her motives are concern for the Marin judicial system - and concern for the safety of her and her husband.

"I am not doing this out of any personal animosity to Judge Dufficy," she said. "I think there's something really wrong that's been going on in the court system up there. All I'm trying to say is: Clean it up."

No charges have been filed. Twin Cities police finished the report yesterday and are planning to forward it to the district attorney's office today, Paraspolo said.

Regardless of the outcome, the incident raises the level of acrimony in the already bitter dispute over the family courts.

In February, New York investigator Karen Winner - who was paid about $10,000 by a core of citizens dismayed by local court decisions - issued a report asserting that cronyism and conflicts of interest were embedded in Marin's family court system, to the detriment of families who looked to the courts for fairness in hashing out divorce and child custody cases.

In particular, Winner targeted Judges Michael Dufficy and Court Commissioner Sylvia Shapiro, claiming they routinely disregarded the law, favored a small coterie of lawyers and psychology experts and sided with parties who brought the most financial backing to family law cases.

Winner's report sparked a recall movement targeting Dufficy, Marin District Attorney Paula Kamena and judges Terrence Boren, Lynn Duryee and Verna Adams. Shapiro, as an appointee, cannot be recalled.

The National Center for State Courts has agreed to send a team of investigators to conduct a two-month probe of the county's family law courts.

The Virginia-based nonprofit is expected to launch its probe in mid-November with visits to the Marin courthouse by members of the investigative team, which is to include a judicial ethicist and a family law judge from outside California.

Shepherd, a family law attorney who is among the loudest critics of the family courts, said she has been interviewed by FBI agents investigating the Marin courts. The Federal Bureau of Investigation has refused to confirm or deny the assertion.

Dufficy, who said he runs an Internet startup in Berkeley, said he is defending his father in the press because the judge is unable to do himself.

"My father is a public figure and cannot speak out against everything that is be said about him in the court system," Dufficy said. "But guess what - I am not a public figure."

Judge Dufficy did not return a call seeking comment yesterday.

SLUG: 2-268372 Lockerbie - Adjournment DATE: NOTE NUMBER:








INTRO: There is another adjournment (Tuesday) in the long-running murder trial of two Libyans charged with blowing up a Pan Am plane 12 years ago over Lockerbie, Scotland. Lawyers at the trial in the Netherlands say they have recently received mysterious evidence that could have a dramatic effect on the Lockerbie case. Lauren Comiteau reports from The Hague.

TEXT: Only prosecutors and defense lawyers know what the new evidence is, but it is important enough that judges agreed to give defense lawyers at least another week to investigate it.

Prosecutors have already spent two weeks examining what they call considerably sensitive and relevant new evidence, given to them earlier this month by an unnamed third country. They passed that information - which includes a thick file of documents - on to defense lawyers Monday.

Two Libyans are currently on trial at a Scottish court in the Netherlands for the 1988 bombing. Prosecutors say they were Libyan intelligence agents who put the bomb in a suitcase they checked in at Malta's airport. The bag wound up aboard the New York-bound Pan Am jet. It exploded over Lockerbie, Scotland, killing 270 people.

At the outset of the trial last May, defense lawyers lodged what is called a "special defense." They say the bombing was the work of two Palestinian terrorist groups, not their Libyan clients.

Addressing the judges on Tuesday, William Taylor, a defense lawyer for one of the accused, said the new information could have the greatest conceivable effect on the trial, and on the defense. Mr. Taylor says he needs to carry out investigations on three continents and in at least six countries.

Prosecutors themselves are already questioning six potential witnesses relating to the new evidence. In granting the defense another week to investigate, the presiding judge, Lord Ranald Sutherland, once again expressed his concern about the slow progress of the trial.

When defense lawyer Taylor said he was pessimistic he would even be ready to resume the trial next week, Lord Sutherland said he would need more details before agreeing to another delay. Defense lawyers say they cannot give that information publicly because people's lives could be in danger. (Signed)



The Recorder, October 24, 2000

By © 2000

Court: Northern District of California
Age: 56
Appointed: 1984, by the judges of the Northern District.
Previous Judicial Experience: None
Law degree: Boalt Hall School of Law

OAKLAND -- Magistrate Judge Wayne Brazil barges unannounced into his courtroom in Oakland's Ronald Dellums Federal Building and strides toward the bench.

"Morning, ladies and gentleman," he calls out, overlapping a marshal's command for a small crowd assembled for a routine criminal calendar to rise.

Brazil, who switched seats with Magistrate Judge Maria- Elena James four years ago, now spends every morning this way. He is the only federal magistrate in Oakland, and he hears criminal matters every day.

Brazil is unlike other magistrates in that respect, because as much as 50 percent of his workload involves people accused of crimes. It can wear on him, he admitted.

"It's a little stressful having a criminal calendar each day, and it can be spiritually draining," he said.

Furthermore, Brazil is the judge prosecutors go to when they want search warrants and writs signed.

"I get interrupted quite often," Brazil said, although he said he doesn't resent it.

Defense attorneys may do well to have their clients make a courtroom statement. He mentions that just the other day he placed a man in a drug treatment program rather than leaving him in custody after being swayed by what he said in court.

Although there are certain things he is required to assess when deciding on a motion for bail, for example, "It's not completely formulaic or linear thinking," Brazil said.

"I do pay attention if the defendant makes a statement."

He also admits he is sometimes too impatient with lawyers appearing before him, which is a criticism lawyers quickly put forth of Brazil. Brazil seems to concede the point.

"I would say that I have unrealistic expectations of lawyers, generally," Brazil said.

"I've had a shorter fuse with lawyers than I should have, and I'm trying to be more patient."

Lawyers who want to avoid Brazil's ire would do well to keep justice, fairness and collegiality in mind rather than a win-at-all-costs attitude.

"I have this view -- sometimes naive -- of the role statesmanship should play in lawyering... I like lawyers who are prepared and civil," Brazil said.

That trait also shows in civil matters, which take up the other half of Brazil's calendar. Like other Northern District magistrates, Brazil also presides over cases. But because of his heavy criminal workload, Brazil takes only half the draw of San Francisco-based magistrates, carrying 30-35 civil cases at any given time.

Of course, he also mediates discovery disputes and other routine civil matters assigned from other judges. And how does he get the lawyers to play fair?

"If they are constantly involved in disputes in civil matters, then I consider sending them to a special master so they can pay for their fighting," Brazil said. "I don't know any magic formula for getting lawyers to abide by the civil rules."

With a master's and doctorate from Harvard in American history, it's no wonder that Brazil is regarded as one of the court's intellectuals. He is also the leader of the Northern District's alternative dispute resolution program.

That torch was passed to him by former Chief Judge Robert Peckham. Brazil's continued admiration of him is obvious.

"He was just a man of great vision," Brazil said.

In 1982, Peckham tapped Brazil, then a Hastings College of the Law professor, to head a commission looking for ways to remove financial hurdles and improve access to the court.

Two years later, Brazil was elected a magistrate by the judges of the Northern District, where he has been for 16 years.

Every year, hundreds of cases are funneled through the court's ADR program, which offers mediation, early neutral evaluation, settlement conference and special master assignments.

"It is fair to say that the services are highly valued by the people that use the system," Brazil said.

As for becoming an Article III -- or full-time federal -- judge, Brazil says he doesn't want to take that step.

"I did at one time, but I don't anymore," he said, declining to elaborate.

Ex-FBI agent settles sex discrimination case.


A 20-year former FBI agent has settled her sex discrimination claims against the government.

Agent Kathleen Anderson claimed she was subjected to sexual taunts and ridicule by co-workers and supervisors over many years, denied equal job treatment and was punished when she complained.

On Tuesday, she settled for $150,000 plus undetermined costs and legal fees. The most Anderson, a former San Jose agent, could have reaped was $300,000 under federal anti-discrimination laws. The government admitted no wrongdoing.

According to her suit, between 1986 and 1990 her supervisor called her "gorgeous," "the good little girl" and "the office sex goddess" and whistled at her.

Anderson also said she was passed over for promotions, excluded from critical meetings and denied backup agents who were provided to men.