Kung fu' Attacker Charged To Court

Leonard Parker is a 105-kilogram former security guard with martial arts training and a hair-trigger temper.

William and Jeanette Wright are grandparents who arrived at the Plaza shopping centre in Palmerston North to do some early Christmas shopping.

A dispute over a car park led to Parker kung-fu kicking a terrified Mrs Wright, 57, in an attack that ended only when police aimed pepper spray at him.

Parker, 39, appeared in Palmerston North District Court for a defended hearing on a charge of intimidatory behaviour, having admitted assault and intentionally damaging the Wrights' car.

He still claims the diminutive Mrs Wright inflamed the situation by pushing him so hard that he was knocked off balance - and he had to knock her to the ground with a leg sweep because she was marching toward him.

The Wrights had beaten Parker to the car park on November 30 and he had approached them, the court was told.

Even though the next park was free a short time later, Parker abused the couple and followed them as they walked away.

The court was told Parker, who is 1.88 metres (6ft 2in) tall, punched Mrs Wright in the shoulder before leg sweeping her from behind.

"I couldn't believe what had happened," she told the court.

"I just had no power in me to get up. My leg was very sore ... I couldn't work for weeks."

When Constable Andrew Royds arrived Parker was abusing bystanders and the officer had to aim his pepper spray before Parker calmed down and was arrested.

Defence lawyer Fergus Steedman said Parker was remorseful and realised he had gone too far - but argued that Mrs Wright had inflamed the situation by being angry herself and had pushed him twice, enough to knock him off balance.

Parker denied punching her and told the court the leg sweep was done to defend himself when Mrs Wright marched at him.

Mr Steedman said that, at the time of the assault, Parker's sick daughter was screaming in his car.

A car accident a few years ago had left him unable to deal with stress.

Judge Nevin Dawson found Parker guilty of intimidatory behaviour.

The judge said the parties' accounts differed and, though the Wrights had taken Parker's park, his size and demeanour had terrified them.

He was pleased Parker had accepted responsibility for his actions and was undergoing anger management.

"You may have a `hair trigger' and there was doubtless provocation that day, however that is no justification for what you did.

"There are times we all have to just walk away."

Parker was sentenced to 200 hours' community work and nine months' supervision. He was ordered to pay more than $1100 in reparation.

Outside court, the Wrights said the experience had been traumatic and Parker had got off lightly.

"You should have heard the swear words, it was very frightening," Mr Wright said.

"He should have got a prison sentence, I just don't believe that talk about anger management."

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Junkies Throw Themselves In Front Of Car To Claim Compensation

Motorists claim drug-users are flinging themselves into the path of oncoming traffic in an attempt to get injured so they can put in personal injury claims.

The Tele understands junkies are behind several recent accidents on Drumfrochar Road.

One motorist, who asked not to be named, said: “There was an accident two weeks ago. I was driving along Dunlop Street when I saw this commotion.

“Someone had been hit by a car. I got out and asked what had happened and it looked like this guy had been just been winged.

“The guy didn’t seem too bothered, he was full of it to be honest. He had three cronies round about him. The woman driver of the car asked if he was okay, and he just said ‘It’s okay, I’ve got my witnesses’ and the four of them walked off. The police weren’t called.

“I asked the driver what happened and she said the guy had just jumped out from behind a parked car. She said she thought he had been crouching behind the car. She was really shaken up”

Another source, a driving instructor who also asked not to be named, said: “This is definitely happening. I know for a fact that it has happened at last twice within the last fortnight around Drumfrochar Road. They are always looking for the next scam, and this is it.

“It might seem funny, but this could cause a serious accident.”

Greenock lawyer Aidan Gallagher said the drug users may be claiming compensation through the Motor Insurers’ Bureau, which allows people to claim even though the police have not become involved or the motorist has no insurance.

He said: “People will make a claim for anything.”

Duncan Simpson of the Inverclyde Taxi Owners’ Association said: “This is no shock at all. They’ll get up to anything. I was a prison officer for 10 years, and I’m still learning.”

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The Role Of Automobile Crashworthiness In Auto Accidents

There is an auto accident on United States roadways every ten seconds. In 2001 alone, almost two million Americans suffered an injury related to a vehicle crash. Negligent drivers can cause accidents, but crashes may also result from some design, manufacturing, or installation defect of a vehicle component.Defective tires, seatbelts, roof structure, brakes, and most parts of a vehicle can cause or contribute to an auto accident if these components are defective in any way. The term "automobile crashworthiness" relates to claims stemming from defective automobiles leading to car accidents.

National Highway Traffic Safety Administration (NHTSA) research shows that the major causes of injury inside a vehicle during a collision are, in descending order: steering wheel, instrument panel, doors, windshield, front roof pillar, glove box area, roof edges, and the roof itself. It is not surprising, then, that front-seat passengers are more likely to be injured in an auto accident than rear-seat passengers who are protected by the padding of the front seat backs.

NHTSA data also shows that 51 percent of motor vehicle deaths occur in head-on impacts, 27 percent in side impacts, and only 4 percent in rear impacts. Rollovers, however, are particularly lethal because they are more likely to eject unrestrained passengers from the vehicle than other types of collisions. Fatality rates are 25 times higher for ejected passengers than for those who remain in the vehicle.

When an auto accident injury occurs, it is important to take certain precautions and steps immediately following the accident. The first step is to evaluate the health and safety of the individuals involved in the accident, especially those who might have suffered an auto accident injury. It is important to call the police in order to have an auto accident injury report completed. This provides an official account of the auto accident and all pertinent details.

After an auto accident injury, it is important to gather information from those parties involved and speak with any witnesses to the accident. If one party was responsible for the accident that caused an auto accident injury, it is vital to collect information regarding that party's vehicle, license plate and vehicle identification number (VIN), insurance information, and any other important details. Taking pictures at the scene of an auto accident can also help determine the cause of an auto accident injury.

The exact cause of an auto accident injury may not always be apparent immediately following an accident. For this reason, it is vital to collect as much information as you can about the auto accident and the conditions surrounding the event. It is a good idea to contact your insurance company as soon as you can in order to inform them of your auto accident injury. Following an auto accident injury, receiving rightful compensation for your injuries can be a complicated and long process. Securing the help of a qualified and experienced auto accident lawyer who specializes in auto accident injury can greatly strengthen your case. An experienced lawyer knows how to investigate your auto accident injury in order to build a strong case that will enable you to receive compensation for your injuries.

In order to prove that a defectively designed automobile caused an injury, auto accident lawyers must consult with top engineering experts to show how the injuries could have been prevented by proper design. To prove these cases, testing and reconstruction of accident situations can include state-of-the-art computer modeling and animation techniques, as well as real-life experiments. Automobile manufacturers defend crashworthiness claims vigorously, sparing no expense to attack the plaintiffs' evidence and trying to blame drivers, weather, road conditions or any factor other than the car's design problems for auto accident injuries.

If you believe you have an automobile crashworthiness law suit, contact an experienced unsafe products attorney today. Your crashworthiness lawyer will help you evaluate your claim and get the compensation you deserve.

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Small Car Accident Vs Serious Car Accident Cases

For many years, small car accident cases resulting in modest injury, were the bread and butter of a portion of the Massachusetts plaintiffs' personal injury bar. Some firms had hundreds of these cases, which were prepared in cookie cutter fashion, and settled with adjustors with little or no discovery done, or even before suit was filed. Reputable lawyers handling the small car accident case, provided an important service. Unfortunately, some less than reputable lawyers worked with unscrupulous doctors and chiropractors to inflate the medical expenses. Some disbarments occurred, along with a huge hit to the reputation of personal injury attorneys generally.

Serious car accident cases, resulting in death or disabling injury, bear no relation to the simple accident case. They must be handled with the care and thoroughness of any catastrophic personal injury case. Time can be the attorney's friend or enemy, depending on how soon after the accident, he is contacted. Witnesses should be located and interviewed as soon as possible, while memories are still fresh. Statements can preserve their observations, protect against changed memory or be used to refresh memory, at a deposition or trial two years later. Photographs of the site should be taken promptly as well. If too much time goes by, the scene may change drastically due to development or roadway changes. Sometimes, retention of an accident reconstruction expert will be advisable. If the plaintiff's injuries are life-altering, a vocational expert, economist, life care planner, day-in-the life videographer, may all be brought into the case. Sound preparation and aggressive movement of the case through the justice system, gives the plaintiff the best chance of a good result.

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Traumatic Brain Injury (TBI) Treatment Options

There are many different kinds of treatment available for patients of Traumatic Brain Injury(TBI). A TBI is any type of blunt or piercing trauma to the head that causes brain damage to an individual. Initial treatment of a TBI stabilizes the individual immediately following the injury. Next, rehabilitativecare center treatment helps restore the patient's ability to function in their daily life. If the TBI is more serious, acute treatment may be necessary, as this type of treatment is aimed at minimizing secondary injury and negative effects on a patient's life support system. Finally, surgical treatment may be used to prevent secondary injury by helping to maintain blood flow and oxygen to the brain and minimize swelling and pressure.

Initial treatment of a traumatic brain injury begins upon arrival to a hospital. At the hospital, a team of medical professionals, generally led by a trauma surgeon, will meet the patient. The trauma surgeon, acting as the leader, will direct the team. The trauma staff will initiate resuscitation procedures, monitor the body's vital functions, respond to potential life-threatening changes and coordinate care with other hospital personnel.

The patient may need surgery for injuries. In addition to the trauma surgeon, the surgical staff could include the neurosurgeon, a physician who performs brain and spinal cord surgery; an orthopedic surgeon, a physician who works with broken bones such as fractures of the arms and legs or the spinal column; or a general surgeon. In addition to the physicians that are assessing the patient and their response to treatment, the trauma nurse will be caring for the patient: providing resuscitation, stabilization and supportive care. The nurses have the responsibility to coordinate and provide communication within the hospital and with the family.

The families of traumatic brain injury victims often have many questions when their loved one is transferred to a rehabilitative care center. Similar to the acute care facility, the brain injury patient will be cared for by a team of professionals who specialize in the care of trauma victims. Their goals are to stabilize the medical and rehabilitation issues related to brain injury and the other injuries, while also preventing secondary complications. Complications could include pressure sores, pneumonia and contractures. At a rehabilitation facility, the staff will also work to help the patient restore lost functional abilities. Functional changes could include limited ability to move, use the bathroom, talk, eat and think. Each day, the patient will participate in therapy. Initially, the patient may require staff assistance for even the simplest activities: brushing teeth, getting out of bed and eating. The patient also may require staff for safety because there is a risk of falling, eloping (trying to get out of the hospital to go home) or getting hurt. The patient may be confused and forgetful.

In some cases patients do not proceed to rehabilitative services because the injury is too severe. In these cases patients receive acute treatment and in some cases surgical treatment, but rehabilitative treatment may not be an option, as some TBI cases are too severe to allow for rehabilitation. In the event of any traumatic brain injury, once the TBI victim has received the proper course of medical treatment, the injured person or their family may wish to seek the counsel of on or more traumatic brain injury lawyers. Brain injury lawyers have the experience and information patients and their families need to know, concerning a patient's rights and the due compensation they need receive for expenses such as future medical care, current medications and treatment, and pain and suffering. If necessary, the patient can use one or more brain injury attorneys to look into filing a traumatic brain injury lawsuit.

LegalView.com is your source for everything legal on the web. Visit us at legalview.com for access to a complete legal database, including our free attorney referral service. Visitors to LegalView.com will be able to browse a collection of resources on many legal issues including the diabetic drug Avandia warning, an auto accident lawsuit, and more. You can also get help to find a brain injury lawyer at brain-injury.legalview.com.

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Record-high DUI Suspect To Remain In Jail

A move to get the woman accused of having the highest blood-alcohol level ever measured in the state out of jail and into a rehabilitation center collapsed in the final minutes of a court hearing Friday.

Deana Jarrett has been in the King County Jail since April on DUI and other traffic charges. The Washington State Patrol reported she had a 0.47 blood-alcohol reading, the highest level recorded since breath testing became standard in 1998. At a hearing Friday in Redmond, Jarrett's attorneys argued that she should be released to a treatment program in Kirkland and should meet other conditions, including electronic monitoring.

That plan fell apart near the end of the two-and-half-hour hearing, however, when it was discovered that the program's electronic "bracelet" wouldn't function at the treatment center. The monitoring equipment depends on telephone lines, and the gear wouldn't work with the center's switchboard.

King County District Court Judge David Steiner continued the hearing until Wednesday to see if another monitoring system might work.

Also Friday, the Seattle Police Department released some personnel records concerning Jarrett, an officer and detective who was fired in 1998.

In a letter dated July 16, 1998, then-Chief Norm Stamper told Jarrett she was being terminated after an internal investigation concluded she had engaged in misconduct.

Specifics were not disclosed, although Stamper referred to an internal investigation involving improper checking of license numbers.

Stamper said the termination also was ordered because "of your previous disciplinary history, which includes another instance in which you behaved inappropriately following the break-up of a domestic relationship."

In a five-page letter to Stamper six days later, Jarrett, who then was known as Deana Karst, argued that the firing was unjustified and that Stamper's actions "were completely unfair."

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South Carolina Fail To Get DUI Bill Ahead

ROBERT W. DALTON

Glenn Grandy said thank you Friday to all those South Carolina lawmakers who have failed to pass stronger drunken driving laws.

If they had acted, he might not have that nifty titanium rod in his left leg or the cool cane that helps him walk. He might never have had the chance to bring a hospital bed into his home and lay around in it for months. Instead of experiencing the joys of physical rehabilitation over the past year, he would have been forced to take his 9-year-old son fishing, to Carowinds and to football practice.

So on Friday he said thanks. Thanks for nothing.

Time running short

Grandy joined Gov. Mark Sanford, 7th Circuit Solicitor Trey Gowdy, Spartanburg Police Chief Tony Fisher and a host of other victims - or family members of victims killed by drunk drivers - at the Spartanburg County Sheriff's Office to make a final desperate plea to the state Senate to approve a bill strengthening penalties for drunk drivers. With only six days remaining in the session it would be a difficult - but not impossible - task.

"South Carolina consistently ranks near the top in the nation for DUI deaths, which is why the Senate needs to act quickly on this bill so that we can avoid yet another year of too many people being killed on South Carolina's roads," said Sanford, who has campaigned for a stronger law since taking office.

The House has approved a bill that establishes more severe penalties based on the level of intoxication. The three levels of blood-alcohol content are .08 to .1, .1 to .16, and .16 and above.

Each level carries a fine and jail time - but in each case, community service can be ordered in place of a jail sentence on first or second offense.

The bill also drops the requirement that law enforcement officers must advise suspected drunken drivers of their Miranda rights more than once, and it changes the time when video recording is required to begin.

Gowdy pulled no punches, saying the Senate's inaction proves it is less concerned about protecting its constituents than about "protecting the bank accounts of some lawyer-legislators in the General Assembly." He said he doesn't understand why defense attorneys who make money off the current law - which he calls the worst in the nation - are given a seat at the table to soften or even kill legislation to get drunk drivers off the road.

"I reject the notion that there has to be a balance between the needs of the accused and the needs of the victim," Gowdy said. "Can you imagine a legislative body asking for Pablo Escobar's input on tougher drug laws or having (the North American Man/Boy Love Association) or Roman Polanski advising them on stronger child sex laws?"

Sanford and Gowdy have been down this road before, but their pleas have fallen on deaf ears. Grandy hopes the Senate will listen to him.

Grandy, 49, was finishing an 18-mile bike ride last July 18 when Michael Boyce McKinney, one month removed from his second DUI conviction, plowed into him. Grandy's left leg was shattered and extensive surgery followed.

McKinney, whose blood-alcohol level was .18 that day, paid fines to walk away after his first two convictions. He pleaded guilty in November to felony driving under the influence with great bodily injury. He was sentenced to 10 years, is already out on work release and could be free on parole in two years.

Grandy, meanwhile, wants to take his son fishing this year. He hopes they can go to Carowinds, and that he can watch him play football.

That nifty titanium plate isn't so nifty. The cool cane isn't so cool.

"I'm lucky, because this could have ended a couple of different ways," Grandy said. "But I've paid a price, and my son has paid a price because of all the things we can't do."

Sen. Jim Ritchie, R-Spartanburg, said he hears Grandy loud and clear.

"I can't speak for the Senate, but I would say strengthening and clarifying our DUI laws is vitally important to protect our citizens," Ritchie said. "I look forward to fighting to bring that up for a vote this year."

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The 'Culture Of Contempt' Stamped Out

Reform is high on the agenda of the Claims Club, as the industry sees itself challenged to respond to two major consultation papers on personal injury claims and insurance contract law. Lynn Rouse reports

Martin Bare, president of the Association of Personal Injury Lawyers, called on insurers to increase their role in the risk management activities undertaken by their insureds to prevent avoidable injuries and do away with the ‘culture of contempt’ of those who flout health and safety laws.

“In 25 years of legal practice, I have never met a claimant who wanted damages more than they wanted to turn the clock back,” he said. ” I want increased health and safety in the workplace to be applauded for what it is: sensible risk management. Active accident prevention and care by employers, local authorities, hospitals and the general public prevent tragedy.”

Mr Bare also reiterated his growing concerns over insurers dealing directly with claimants through third-party capture of claims (Post, 3 May, pp 14-15). He cited a Mori poll that found 80% of those surveyed said they did not believe they would get the right amount of compensation without an independent solicitor. Mr Bare also dismissed the Frontier Economics report, commissioned by the Association of British Insurers last year, which suggested unrepresented claimants could receive compensation faster, or even higher sums. He referred to the data as “cleansed and selective” and said he would not accept the findings of a report that did not show the full data.

But Richard Ellis, head of motor claims at Norwich Union, responded by saying: “We do lots of third-party capture and have data to show claimants are eminently satisfied because they find the process easier. They are not necessarily interested in obtaining legal advice when the injury in question is minor, or low sums are involved, but we do encourage claimants to seek this, when required, and link them to a firm of solicitors. We are very conscious of our fiduciary duty of care and do not just pay lip service to it, particularly when English is not the person’s first language or they are not well educated.”

Claims Club members who were unable to attend the meeting can listen to all the presentations at the members-only website www.postclaimsclub.co.uk.

- “I am slightly worried about unintended consequences; despite the Lord Chancellor saying there will be no pilot, I would be more comfortable if there was one.” – Anna Rowland on the proposed streamlining of the UK personal injury compensation process.

- “Focus as much on what you want, as on what you fear” – Peter Tyldesley on making submissions to the consultation process on insurance law.

- “Examples of flouting health and safety laws continue; witness the results of the recent inquiry into the 2002 Legionnaires disease outbreak in Barrow, which found that guidelines on how to avoid legionnella had not been used or disseminated around the council – they were put in bins or filed away.” – Martin Bare on the ‘culture of contempt’ against the rights of individuals.

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Do DUI Laws Really Make Sense?

IN the 1980s, Mothers Against Drunk Driving led the campaign to toughen the penalties for driving under the influence.

This led to a societal change in attitude toward drinking and driving -- and it also helped reduce highway fatalities.

A legislative committee led by Sen. Dan Foster, D-Kanawha, is now studying whether changes are warranted in West Virginia's DUI statutes.

Mark Neil of the state Prosecuting Attorneys Institute says his group is suggesting toughening the penalty for people who are severely impaired when they get behind the wheel.

The state's current legal threshold for presumption of drunkenness is a blood alcohol level of .08 percent.

The prosecutors' group recommends a new charge -- aggravated DUI -- that would carry heavier penalties for people caught driving with a blood alcohol content of .15 percent.

Neil cited studies that show most drunken driving fatalities involve extremely drunk drivers.

Certainly a driver with a blood-alcohol content of .15 percent is more dangerous than a person who barely meets the legal limit of .08.

The drivers at .15 percent or higher certainly need to be taken off the roads. An aggravated DUI charge for such drivers would take the worst offenders off the road longer.

At the other end of the spectrum, State Sen. Mike Green, D-Raleigh, a former police officer in Beckley, told Foster's committee that alternative sentencing

of the lighter DUI offenders to work details instead of jail would save counties money.

This might free up jail space to accommodate the longer sentences that drunker drivers would face if the prosecutors' recommendation is adopted.

Both ideas merit serious legislative consideration.

The goal is to come up with a cost-effective law that affords even more protection to innocent drivers and their passengers on West Virginia roadways.

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Injury Lawyer Presents Leukemia Victim's Case At The Supreme Court

BRENDAN KIRBY
Staff Reporter

A lawyer whose Alabama client was barred from suing the manufacturers of a chemical he blamed for causing his rare form of leukemia urged the U.S. Supreme Court this week to reverse a "manifest injustice."

Jack Cline, who lived in Vance between Tuscaloosa and Birmingham before his death in January, worked with benzene at his job with a company that made railroad wheels.

He tried to sue three companies that produced the benzene, which he believed caused his disease. But a judge ruled in favor of the defendants -- which the state Supreme Court upheld in January -- on grounds that Cline waited too long to sue.

The ruling was based on a 1979 precedent holding that the two-year statute of limitations in such cases begins on the date of a person's last exposure to a toxic substance.

But a separate precedent in Alabama allows lawsuits only by people who have suffered demonstrable harm, or what the court calls "manifest injury." Taken together, Cline's lawyers argue, the precedents mean that there was never a time their client could have sued.

They say it's a problem that may ensnare thousands of people whose symptoms come to light long after their exposure. Cline, for example, retired in 1995 after 37 years and was diagnosed with acute myelogenous leukemia in 1999. He filed the suit in 2001, within two years of his diagnosis but long after his last exposure to benzene.

Cline's case, which his widow has taken up, has drawn support from a Washington-based public interest law firm that specializes in consumer protection and U.S. Supreme Court litigation. Leslie Brueckner, a lawyer with the firm, said she offered her assistance after learning of Cline's story from The New York Times.

The Supreme Court is a longshot for most litigants, but it represents Jane Cline's last hope, her attorneys said. The justices hear only about 1 percent of the cases presented to them each year.

Still, Brueckner said she believes the facts of the case are compelling enough that there is a good chance the justices will take the case. "This case might meet every criteria imaginable," she said. "I am as confident as I have ever been."

Lawyers for the defendants, Ashland Inc., Chevron Phillips Chemical and ExxonMobil Corp., will have 30 days to respond in writing to the plaintiff's petition to the high court. Mobile lawyer George Walker, who represents the companies, said he did not want to comment in detail on the legal arguments until filing the brief.

"Certainly we're going to file a response," he said. "We do not think there is a substantial federal issue, or any federal issue."

Fight of 'due process'

The plaintiff's brief to the U.S. Supreme Court argues that Alabama has violated the 14th Amendment by denying Cline "due process of law." The brief cites a lengthy list of cases, some dating back more than a century, in which the justices affirmed the right of people to have their day in court.

"You can't have a cause of action and then never have an opportunity to file it," said Robert Palmer, a Birmingham lawyer who has represented Cline from the beginning.

In addition, the lawyers argue, the Alabama Supreme Court's decision conflicts with other state high courts and with U.S. courts of appeal. Various federal appeals courts have issued decisions on the topic of statute of limitations that contradict Alabama's position and that conflict with one another -- another factor that the U.S. Supreme Court looks for when deciding which cases to take.

While other states have struggled with the disputes over statutes of limitations, the brief argues, no other state has interpreted the issue the way that Alabama has.

"In this respect, Alabama is entirely unique," the brief states. "Alabama is the only state in this country in which a toxic tort personal injury claim is deemed to have accrued, for the purposes of the statute of limitations, before there is a manifest present injury."

As Brueckner put it, "This case is far more outrageous than these other cases."

In their January opinion affirming the dismissal of Cline's lawsuit, five state Supreme Court justices wrote that the statute of limitations question was one for the Legislature to decide.

Lawmakers did change those rules in 1980 -- in response to a landmark court ruling the previous year -- but only pertaining to asbestos. Since then, lawmakers have failed to act on proposals to apply the rules to all toxins.

The brief asking the Supreme Court to take up the case calls the Alabama interpretation of the statute of limitations a "manifest injustice" that the state's courts and Legislature have been unwilling to address.

"Clearly, the buck is being passed in the state of Alabama, and the price is ultimately being paid by victims like Jack Cline, who are being deprived of their right to seek any redress for their injuries," the brief states.

Jane Cline has said she believes that the court battle was what sustained her husband through the leukemia. He died at age 67, days after learning the state Supreme Court had upheld the dismissal of his case.

After the defense responds to the new filing, Cline's lawyers will have an opportunity to reply. Then, it will be up to the justices on the nation's highest court to decide if they will accept the case. It requires at least four justices to agree to hear a case.

Brueckner said she expects the court to decide the question by summer. If they pass on the case, Jane Cline will have reached the end of the line. If they take it, Brueckner said, oral arguments could be scheduled by fall or winter.

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When Your Pizza Man Is A Serial Killer

DNA evidence ties a rapist to the murders of 10 women and an unborn fetus, a prosecutor told jurors Tuesday in the trial's opening statements.

Chester D. Turner, 40, faces the death penalty if convicted of the murders, which spanned an 11-year period.

He also is accused of the special circumstances of multiple murder and murder committed during rape.

Deputy District Attorney Bobby Grace said Turner was finally caught after he was arrested in 2002 for raping a woman in Los Angeles. His DNA was submitted to cold-case investigators and "like water from a faucet" each unsolved murder was linked to Turner, Grace told the jury.

The defense deferred its opening statement.

The women were killed between 1987 and 1998. In October 2004, Turner was charged with 11 counts of murder and the special-circumstance allegations. He has pleaded not guilty.

Police allege Turner accosted most of his victims in crime-plagued South Los Angeles and raped and strangled them before dumping their bodies.

His defense is expected to claim that he was a drug dealer whose customers were mainly prostitutes who often paid in trade. That, they say, would account for the DNA evidence.

The killing of one woman was recorded on a grainy security camera videotape, but Turner's lawyer has said the footage is so rough that it is impossible to identify the victim or assailant.

Turner is already serving an eight-year prison sentence in the 2002 rape case.

Before police identified Turner as a suspect, a mentally disabled janitor was wrongly convicted of three other slayings police believe are connected to Turner. Turner has not been charged with those murders.

David Allen Jones, 44, was released in March 2004, after spending 11 years in prison. Jones received $720,000 in compensation for his false conviction and long prison sentence.

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When Medics Shield Medics And Gets Into Trouble

The call had come in to Austin police about 4 a.m. Tuesday: Someone appeared to be passed out behind the wheel of a Chevrolet Tahoe at a Southwest Austin intersection.

Two officers headed that way, but an ambulance got there first, according to a police affidavit. When paramedics Aaron Langford and Steven Peek looked inside the Tahoe, its engine still running, they recognized the driver was Brian J. Angeline, a former paramedic, said Austin-Travis County EMS Director Richard Herrington.

The paramedics notified police that they weren't needed at the scene and moved Angeline's Tahoe from the street to a nearby Walgreens parking lot, according to Herrington and the affidavit.

The police showed up anyway, and after they sorted out what had happened, Angeline was in jail facing a drunken-driving charge and the two paramedics were the subject of an internal investigation.

"The officer wanted to see the patient, and one of the medics tried to discourage the officer from approaching the patient, at which time the medic said some things he shouldn't have said to the officer," Herrington said.

"Some things" included the paramedics saying they planned to take Angeline home, and comments such as, "If this was one of your own, you would do the same thing we are," said Herrington, who has read police reports describing the incident. The reports are not public records because the case is under investigation.

Herrington said Langford and Peek have been placed on administrative duty pending the outcome of the investigation. Angeline, 32, was booked into the Travis County Jail on a misdemeanor drunken-driving charge, then released on bail.

Angeline and Langford could not be reached for comment. Peek declined to comment.

Herrington said EMS is investigating the incident to determine whether the paramedics violated policies and whether they provided appropriate care to Angeline.

"It is absolutely not our policy to interfere with any kind of legal action," Herrington said. "The crews should have approached it clearly from a medical standpoint."

Austin police spokesman Kevin Buchman said detectives reviewed the incident and "there doesn't appear to be a criminal element with regard to the conduct of the paramedics."

The affidavit said a witness saw Angeline passed out in the Tahoe at William Cannon Drive and Escarpment Boulevard and tried to wake him. The witness told officers that Angeline drove forward a short distance and stopped, still in the street, the affidavit said. The paramedics later arrived and helped Angeline move the Tahoe into the parking lot, the affidavit said.

According to the affidavit, Angeline "had either passed out or fallen asleep behind the wheel of his vehicle with the engine running and his foot on the brake. (Angeline) said he left (the) Sixth Street area at 2:30 (a.m.) to go home."

The affidavit said Angeline smelled of alcohol, had bloodshot eyes and slurred speech, and was swaying. He refused to submit to a breath alcohol test, the affidavit said, and when officers asked Angeline to submit to a field sobriety test, he "actually began the one leg stand, putting his foot down twice before stopping the test."

Angeline worked as an Austin-Travis County EMS paramedic until April 2005, when he resigned after six years. EMS spokesman Warren Hassinger said Angeline resigned after a recommendation by his supervisors that he be fired for chronic attendance problems.

The investigation is the second high-profile incident involving EMS paramedics in recent weeks.

Last month, several paramedics were disciplined and three others resigned after officials said they were viewing Internet pornography on city computers while on duty.

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House Bill 253 To Track Drunken Drivers

Drunken-driving checkpoints could soon be popping up on Texas roads after a state Senate committee gave its unanimous blessing Wednesday.

Sen. Judith Zaffirini, D-Laredo, told fellow lawmakers that checkpoints would give law enforcement agencies a new tool to fight drunken driving in a state where alcohol-related crashes run well above the national average.

"Sobriety checkpoints are an important tool in combating these tragic and preventable deaths," Ms. Zaffirini said.

Texas is the most populous state without sobriety checkpoints, Ms. Zaffirini said.

Forty states now use them. She said 1,642 people died statewide in alcohol-related crashes in 2004, equating to 46 percent of the state's total traffic fatalities. The national average, she said, is 39 percent.

Sobriety checkpoints have been outlawed in Texas since 1994, when a state court ruled they were unconstitutional because the Legislature had not established uniform guidelines.

But Ms. Zaffirini's bill creates guidelines, including provisions that would limit checkpoints to four hours at one location and would require law enforcement agencies to publicize the operations. It also would prohibit choosing checkpoint locations based on an area's ethnic or socioeconomic makeup.

The advance publicity would not reveal specific information about checkpoints' times and locations, but it would give motorists a general heads-up that checkpoints will be in force.

"The intention is not to go out and arrest a whole lot more people," said Georgia Chakiris, a regional administrator for the National Highway Traffic Safety Administration's office in Fort Worth. "It is to get people to make a choice, to decide ahead of time whether to reduce the amount that they are going to consume, or to designate a driver."

The bill, which now goes to the full Senate, still has some kinks to be worked out. Sen. Florence Shapiro, R-Plano, raised concerns that the bill could allow police to arrest passengers for public intoxication.

And critics contend that targeted DWI patrols are a more effective method to curb drunken driving than "roadblocks" that inconvenience legions of sober drivers.

"We want our resources to go toward targeting these impaired drivers and not wasting our time on thousands of innocent Texans that are just simply going from point A to point B," said Kristin Etter of the Texas Criminal Defense Lawyers Association.

Opponents also have raised constitutional objections, arguing that checkpoints subject motorists to police scrutiny without probable cause.

But that argument doesn't wash with Joyce Adejumo of Austin, whose son Mitchie was paralyzed at age 3 when his father crashed into a culvert while drinking beer. Ms. Adejumo's son lived for more than 17 years after the crash before he died in January.

"My son wasn't asked whether his constitutional rights were violated," Ms. Adejumo said.

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