Man Convicted in Toyota Crash Freed!

Koua Fong Lee dreamed of life outside prison, of returning to the family he left when a jury didn't believe he tried to stop his Toyota from speeding up a highway ramp and a judge sentenced him to eight years for the ensuing crash that killed three people.

On Thursday, Lee fought back tears, suddenly a free man after the same judge ruled new evidence and a shoddy defense entitled him to a new trial. The county prosecutor agreed, and said she wouldn't bring charges again.

"It's not a dream. It's true," Lee said, as his wife, Panghoua Moua, buried her head in his shoulder. "When we are asleep in the cell, sometimes I dream and I wake up in the little room, still in the little room. But now my dream come true."

Lee, who immigrated to the U.S. from a Thai refugee camp in 2004, was driving a Toyota Camry when it plowed at high speed into the back of an Oldsmobile as Lee exited a St. Paul freeway ramp in 2006. He insisted during his trial that he did everything he could to stop the car but couldn't.

Jurors weren't convinced and Lee's own attorney suggested his client might have accidentally stepped on the accelerator.

But Lee sought a new trial this spring in the wake of Toyota's widely publicized problems with sudden acceleration in some newer models. Even though his 1996 Camry never had been recalled, Lee was granted a hearing.

Prosecutors opposed a new trial, arguing Lee hadn't offered conclusive new evidence in the case. But after the judge's ruling, County Attorney Susan Gaertner conceded Lee's team had shown his trial attorney was "ineffective."

"I think it's time to bring this very sad situation to a close," Gaertner said.

Lee and Moua have four children, ages 8, 5, 3 and 2, and Moua said her husband barely knows the youngest two because of his time in prison. Changing that was Lee's first intention, he said.

"It's a long time, very long time, and they don't know me. I want to know them, who I am, I am their daddy," he said.

During four days of testimony this week, Lee's attorneys didn't prove his car had a sudden acceleration problem. But they argued evidence backed up Lee's account he was trying to brake. They also argued his defense attorney did a poor job. And they called a parade of witnesses who testified they had sudden-acceleration experiences in Toyotas similar to Lee's.

Ramsey County District Judge Joanne Smith — who presided over Lee's original trial and had sentenced him to the maximum — said if that testimony from the other Toyota drivers had been introduced then, it would "more likely than not, or probably, or even almost certainly" have resulted in a different verdict for Lee.

Smith also said Lee's limited English was a factor in her conclusion, as well as the work of his defense attorney.

"There were multiple errors and omissions by his attorney that necessitate this result," Smith said.

Lee's release capped a dramatic day during which he earlier rejected prosecutors' offer to set him free and vacate his sentence. But that offer had included several conditions, including a stayed remainder of his sentence that meant he could face prison for a new violation in the future.

Javis Trice Adams, 33, and his 10-year-old son, Javis Adams Jr., died in the 2006 accident. Adams' 6-year-old niece, Devyn Bolton, was paralyzed from the neck down and died shortly after Lee was convicted. Two others were badly hurt.

Bridgette Trice, Devyn Bolton's mother, welcomed Thursday's ruling. The victim's families had supported Lee's effort for a new trial, but Trice was crying outside the courthouse as she spoke to reporters.

"I'm happy for him but I'm still sad for us, cause he's going back to his but ours are never coming back to us," Trice said.

Lee said he wanted the victims' families to know he didn't intend to cause the accident.

"I want them to know that I will pray for them and I also want to ask them to forgive me and to believe me," he said.

Megan Fox featured in Eminem and Rihanna Video, 'Love the Way You Lie'

Social Security System Now in the Red

It was only a matter of time, but it's finally happened: The nation's Social Security system will pay out more than it takes in this year and next, as aging baby boomers begin entering retirement. The milestone marks the first time in nearly 30 years that the system is in the red, according to a report issued Thursday by federal officials overseeing the program.

The shortfall has been exacerbated by the recession and high employment, which have reduced payroll tax revenues. Long term, however, Social Security's finances stand to improve slightly, the trustees report said. A new tax on pricey health plans, part of recently passed health-care overhaul legislation that goes into effect in 2019, will result in more revenues.

Still, the plan's trust fund will be exhausted by 2037, the report said -- the same prediction it made last year. Treasury Secretary Timothy Geithner, a trustee, urged lawmakers to move quickly to resolve the problem. "Despite the projection that Social Security can continue to pay full benefits for nearly 30 years, the sooner action is taken, the more options for reform will be available, and the fairer reforms will be to our children and grandchildren," Geithner said in a statement.

Pay outs from Social Security last exceeded income from payroll taxes in 1983, after more than a decade of a running in the red, CNNMoney.com reports. In 1977, President Jimmy Carter signed legislation increasing the withholding rate from 2% to 6.15% -- about where it is today.

Social Security paid $675 billion in benefits to some 53 million beneficiaries last year, the reported noted.

The trustees report also showed the new health-care law, much of which begins taking effect in 2014, should boost the fiscal standing of Medicare, the federal health plan for seniors. The program will remain financially solvent for 12 years longer than projected a year ago -- until 2029 -- because of cost-cutting measures included in the health overhaul bill, signed into law last March by President Obama.

See full article from DailyFinance: http://www.dailyfinance.com/story/insurance/social-security-in-the-red-but-health-care-overhaul-may-boost-m/19582730/?ncid=webmail&icid=sphere_copyright

Whoopi Goldberg responds to Michaele Salahi's allegations

Whoopi Goldberg responded forcefully to allegations levied by "Real Housewives of DC" star (and former alleged White House crasher) Michaele Salahi.

Whoopi showed another camera angle that showed that she did not hit Salahi, as she reportedly claimed, but rather nudged her on the side to remind her to get back on topic.

"Afterwards, Michaele was very upset about what was said about her on the air," Whoopi explained, "and then I was told that she thought I hit her. So I went up to her and I told her that she knew I didn't hit her."

Whoopi went on to defend her language, which is reported to include several F-bombs.

"And yeah, you know how I said it -- choice words," she said. "And I make no apology for my choice words. But then her husband got in my face, had his BlackBerry out and started taking pictures of me. And needless to say I really went off then. And there is even more choice words. They were so choice you could've cut 'em with a knife and eaten 'em."

Salahi's lawyer, Lisa Bloom, said Salahi found the appearance "degrading and demeaning."

Proposition 8 Overturned: Gay Marriage Ban Ruled Unconstitutional

LISA LEFF AND PAUL ELIAS

A federal judge overturned California's gay-marriage ban Wednesday in a landmark case that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed.

The ruling by Chief U.S. District Judge Vaughn Walker touched off a celebration outside the courthouse. Gay couples waved rainbow and American flags and erupted with cheers in the city that has long been a haven for gays.

Shelly Bailes held a sign reading "Life Feels Different When You're Married" as she embraced her wife, Ellen Pontac. People in the Castro neighborhood toasted with champagne as word of the ruling spread.

In New York City, about 150 people gathered outside a lower Manhattan courthouse. They carried signs saying "Our Love Wins" as organizers read portions of the ruling.

Walker methodically rejected every argument posed by sponsors of the ban in response to a lawsuit filed by two gay couples who claimed Proposition 8, the voter-approved ban, violated their civil rights.

"Proposition 8 singles out gays and lesbians and legitimates their unequal treatment," the judge wrote in his 136-page opinion. "Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents."

Standing in front of eight American flags at a news conference, the two couples behind the case beamed and choked up as they related their feelings of validation.

"Our courts are supposed to protect our Constitutional rights," lead plaintiff Kris Perry said as Sandy Stier, her partner of 10 years, stood at her side. "Today, they did."

Protect Marriage, the coalition of religious and conservative groups that sponsored the ban, said it would immediately appeal the ruling to the 9th U.S. Circuit Court of Appeals.

"In America, we should uphold and respect the right of people to make policy changes through the democratic process, especially changes that do nothing more than uphold the definition of marriage that has existed since the founding of this country and beyond," said Jim Campbell, a lawyer on the defense team.

Despite the favorable ruling for same-sex couples, gay marriage will not be allowed to resume immediately.

Judge Walker said he wants to decide whether his order should be suspended while the proponents of the ban pursue their appeal. He ordered both sides to submit written arguments by Friday on the issue.

The appeal would go first to the 9th Circuit then to the U.S. Supreme Court if the high court justices agree to review it.

California's electorate passed Proposition 8 with 52 percent of the vote in November 2008 after the most expensive political campaign on a social issue in U.S. history.

Supporters argued the ban was necessary to safeguard the traditional understanding of marriage and to encourage responsible childbearing.

Walker, however, found it violated the Constitution's due process and equal protection clauses while failing "to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples," the judge wrote.

He also said proponents offered little evidence that they were motivated by anything other than animus toward gays – beginning with their campaign to pass the ban, which included claims of wanting to protect children from learning about same-sex marriage in school.

"Proposition 8 played on the fear that exposure to homosexuality would turn children into homosexuals and that parents should dread having children who are not heterosexual," Walker wrote.

Walker heard 13 days of testimony and arguments since January during the first trial in federal court to examine if states can prohibit gays from getting married.

The plaintiffs presented 18 witnesses. Academic experts testified about topics ranging from the fitness of gay parents and religious views on homosexuality to the historical meaning of marriage and the political influence of the gay rights movement.

Former U.S. Solicitor General Theodore Olson teamed up with David Boies to argue the case, bringing together the two litigators best known for representing George W. Bush and Al Gore in the disputed 2000 election.

Defense lawyers called just two witnesses, claiming they did not need to present expert testimony because the U.S. Supreme Court had never specifically upheld the right to gay marriage.

The attorneys also said gay marriage was an experiment with unknown social consequences that should be left to voters to accept or reject.

Currently, same-sex couples can only legally wed in Massachusetts, Iowa, Connecticut, Vermont, New Hampshire and Washington, D.C.

The ruling puts Walker, a Republican, at the forefront of the gay marriage debate and marks the latest in a long line of high-profile legal decisions for the longtime federal judge.

He was appointed by Ronald Reagan, but his nomination was held up for two years in part because of opposition from gay rights activists. As a lawyer, he helped the U.S. Olympic Committee sue a gay ex-Olympian who had created an athletic competition called the Gay Olympics.

http://www.huffingtonpost.com/2010/08/04/proposition-8-overturned_n_670739.html
Associated Press Writer Jennifer Peltz in New York City contributed to this report.

World Premiere - Kanye West - Power Music Video

Sean Penn doesn't want Wyclef for President.

Rapper and former Fugees singer Wyclef Jean made the first televised announcement of his bid for Haitian president last night on CNN. After several satellite interview segments between Wyclef and Wolf Blitzer, philanthropist Sean Penn shared harsh words for the Haitian rapper, questioning his motives and value as a leader.

"This is somebody who's going to receive an enormous amount of support from the United States, and I have to say I'm very suspicious of it, simply because he, as an ambassador at large, has been virtually silent. For those of us in Haiti, he has been a non-presence," Penn said.

Jean, 37, was born in Haiti but left soon after and was raised in Brooklyn and New Jersey. He established the Yelé Haiti foundation in 2005, providing aid and opportunities to the country's citizens.

Penn, who has been active in Haiti since the earthquake, highlighted allegations that Wyclef mishandled $400,000 donated for the country through his Yele Haiti foundation. "He claims he didn't do it. That has to be looked into it," Penn said. "I've been there. I know what $400,000 could do for these people's lives."

Wyclef's political motives were a particular concern for Penn. "I see in Wyclef Jean somebody who could well have been influenced by the promise of support of companies. I think Haiti is clearly vulnerable ... There is a history of American interests coming in and underpaying people. This is a culture or one to two dollars a day, that they were making."

Penn openly worried about American corporations and individuals "enamored" with Wyclef becoming "opportunists on the back of the Haitian people."

"I haven't seen or heard anything of [Wyclef Jean] in these last six months that I've been in Haiti. I think he's an important voice. I hope he doesn't sacrifice that voice by taking the eye off the very devastating realities on the ground," Penn said. "I want to see someone who's really, really willing to sacrifice for their country, and not just someone who I personally saw with vulgar entourage of vehicles that demonstrated a wealth in Haiti that, in context, I felt was a very obscene demonstration."

In 2008, Wyclef recorded a song called 'If I Was President'. Notable lyrics include: "If I was president / I'd get elected on Friday / Assasinated on Saturday / And buried on Sunday" and "Instead of spending billions on the war / We can use some of that money, in the ghetto / I know some so poor, when it rains that when they shower / Screaming 'fight the power.' "

BED INTRUDER SONG!!!

You might have remembered this post from earlier in the week but check it out it's be remixed into a song and the jam is pumpin'