Thursday, June 7, 2012

FOXNews.com: Burned bodies in SUV were missing Tempe parents, coroner says

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Burned bodies in SUV were missing Tempe parents, coroner says
Jun 8th 2012, 00:11

PHOENIX –  Two of five bodies found burning inside an SUV in the desert 35 miles south of Phoenix are a Tempe couple whose case was being investigated as a murder-suicide, a coroner confirmed Thursday -- contradicting comments made by Arizona's second-most famous sheriff that a violent drug cartel likely was to blame.

The bodies were positively identified as James and Yafit Butwin using dental records because their bodies were burned beyond recognition, said Gregory Hess, chief medical examiner for Pima County.

The other three bodies in the SUV are believed to be their three children, 16-year-old Malissa, 14-year-old Daniel and 7-year-old Matthew. All three had birthdays coming up in June and July.

Hess said that his office got dental records for James and Yafit Butwin on Wednesday but didn't get the children's records until Thursday. He said he hopes to positively identify their bodies no later than Friday.

Also Thursday, Tempe police Sgt. Jeff Glover revealed that police believe James Butwin killed his wife and children before taking his own life because they found two suicide notes that he had written.

Police also found blood and shell casings in several of the family's bedrooms, and two guns inside the torched SUV.

It's still unclear whether everyone including James Butwin was dead when the SUV was set ablaze.

"This is really the most tragic ending to a situation that's realistically domestic violence," Glover said. "It's not an easy situation for the community. There are neighborhoods and close friends and family that are devastated over this situation."

A Border Patrol agent found the five bodies in the burning SUV on Saturday.

Soon after they were found, Pinal County Sheriff Paul Babeu said that all evidence pointed to a violent drug cartel because of the location of the SUV in a known smuggling corridor and the nature of the crime.

"Given all these indicators, you don't have to be a homicide detective to add up all this information," Babeu said Saturday, the day the bodies were found.

On Monday, Babeu posted on his Facebook page: "All information is pointing that this is connected to the violent drug cartel smuggling in this high smuggling area."

"The border is NOT more secure than ever Ms. Napolitano!" he added, in reference to previous statements made by Homeland Security Secretary Janet Napolitano.

But on Tuesday, Tempe police said that the SUV actually matched that of the Butwin family.

A family acquaintance alerted Tempe police that he was worried about the family on Monday after receiving a note from James Butwin instructing him on how to run his real estate business.

Police soon after found "suspicious and concerning" evidence in the home that they said pointed to the family being dead in a murder-suicide.

Yafit Butwin had been seeking a divorce from James Butwin, who neighbors and police say was battling a brain tumor and experiencing financial problems.

Yafit Butwin filed for divorce in September and was seeking half of her husband's liquid assets, spousal support and exclusive access to their upper-middle-class home in Tempe during the divorce proceedings. The divorce was set to go to trial next month.

James Butwin turned 47 on Friday.

Among some of Yafit Butwin's last words were posted on her Facebook page the same day, along with a photo of James Butwin and her three smiling children. She wrote: "Happy Birthday Jim. I am so proud of my three children :) And they know why."

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FOXNews.com: Kansas commune leader ordered to stand trial in death of a woman found at compound in 2003

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Kansas commune leader ordered to stand trial in death of a woman found at compound in 2003
Jun 7th 2012, 23:53

WICHITA, Kan. –  The leader of a Kansas commune accused of living off life insurance payouts of its dead members must stand trial on premeditated first-degree murder and several other charges, a judge ruled Thursday.

Daniel U. Perez, 52, is accused in the 2003 death of Patricia Hughes at a compound in Valley Center, a suburb of Wichita, known as Angel's Landing. The 26-year-old woman was initially believed to have accidentally drowned while trying to rescue her 2-year-old daughter from the pool.

Authorities charged Perez after a young woman who was 12 years old at the time of Hughes' death told investigators that Perez, who called himself a seer, had foretold of Hughes drowning a couple of weeks earlier. She testified last week that Hughes knew she was going to die and assured her she would come back from the dead.

Defense lawyers contended there was not enough evidence to put Perez on trial. Sedgwick County District Judge Clark Owens disagreed and scheduled a jury trial for July 30.

Perez did not speak Thursday at his preliminary hearing. The judge entered not guilty pleas on his behalf to multiple charges including murder, rape, sodomy, criminal threat, sexual exploitation of a child and lying on life insurance and auto credit applications.

Although Perez is charged with only one murder count for the 2003 death of Hughes, several members who carried hefty life insurance policies also have died. A 2001 airplane crash near Norris, S.D., killed Mona Griffith, her 12-year-old daughter and her boyfriend. Others include the 2006 death of Brian Hughes, the slain woman's husband, when he was crushed by a car when a jack apparently failed and the 2008 death of Jennifer Hutson in a head-on collision with a dump truck.

"There was no Angel's Landing business. There was a pool of money that was essentially proceeds from these people dying," prosecutor Marc Bennett argued. "That is what Perez lived off of. He doled it out as he saw fit, when he saw fit."

Perez's attorneys challenged the credibility of the three women who testified about the sexual abuse. They said all the women had access to cars and could have left at any time.

Defense attorney Steve Osburn questioned whether the allegedly false income information on life insurance applications and car loans mattered to anybody. He noted testimony that the Wichita car dealership sold 35 or 40 vehicles to the group in about a four-year period, about one vehicle every 40 days. Perez never signed any of the paperwork.

No evidence was presented whatsoever that they defaulted on the loans, he said, adding the dealership was going to sell them a vehicle no matter who put down what on that application because they were going to be back in 40 days and buy another one.

"They are in the business of selling cars; he was buying cars," Osburn told the judge.

But Bennett questioned what would have happened had group members been truthful on those applications — that they were surviving off the death benefits of other people who died off in the group.

"Give me a break, of course it is material," Bennett said. "If it weren't for these false statements, no one would have sold them a car. No one would have sold them life insurance. No one would have had anything to do with these people."

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FOXNews.com: Family of 6 traveling from Bahamas to Kansas killed when plane crashes into Florida swamp

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Family of 6 traveling from Bahamas to Kansas killed when plane crashes into Florida swamp
Jun 7th 2012, 23:45

LAKE WALES, Fla. –  A Kansas businessman, his wife and their four children were killed Thursday when their small plane crashed into a swampy area of central Florida, authorities said.

The single-turboprop, fixed wing plane broke apart and went down about 12:30 p.m. in the Tiger Creek Preserve, just south of Lake Wales, the Polk County Sheriff's office said. Ronald Bramlage, 45, was piloting the plane headed from the Bahamas to Junction City, Kan. The family had stopped for customs in Fort Pierce, Fla., and had taken off a half-hour before the crash.

The 2006 Pilatus PC-12/47 was at about 26,000 feet when it first began experiencing trouble, officials said. Deputies reached the area by helicopters but it was clear there were no survivors, the sheriff's office said.

The cause wasn't immediately known, and parts of the plane were found two miles from the crash site, which was only reachable by helicopters and all-terrain vehicles. The National Transportation Safety Board will lead the investigation but a Federal Aviation Administration spokeswoman said it would take a long time.

Ronald Bramlage was a prominent businessman in Junction City and owned Roadside Ventures LLC, to which the plane was registered. Also killed were his wife, Rebecca Bramlage, 43, and their four children, whose ages were not released.

The couple were graduates of Kansas State University, and members of the K-State Alumni Association, President's Club, Foundation Trustees and Ahearn Fund.

"We are shocked and saddened by the tragic news of the deaths of Ron and Becky Bramlage and their children today," said a joint statement released by University President Dr. Kirk Schulz and Athletics Director John Currie. "The Bramlage family holds a special place in the history of Kansas State University and K-State Athletics, and Ron and Becky have been loyal supporters and great fans of K-State. Our thoughts and prayers are with the Bramlage family during this difficult time."

Ron was the grandson of the late Fred Bramlage, a 1935 graduate of K-State and Junction City businessman. Fred Bramlage was the lead contributor to the construction of Bramlage Coliseum, a multi-purpose arena that opened in 1988 and is home to the K-State men's and women's basketball teams.

James A. Sands, vice mayor of Junction City, said the Bramlage family has been a huge influence. He said he had not heard about the plane crash, but that he knew the Bramlages were away on a trip. A library in the city is named for Ron Bramlage's grandmother, Dorothy Bramlage.

"I know Ron is very much into the city. He knows real estate and he tries to better the city any way he can," he said. "My goodness. Just great wonderful people. And I think Mrs. (Becky) Bramlage was on the school board."

He said the Bramlages at one point owned the loan on the building for a local homeless shelter and "one day, Dorothy Bramlage just said, 'Nah. It's paid off. You don't owe any more.'"

The 4,900-acre Tiger Wood Preserve about 50 miles southwest of Orlando contains hardwood swamps, hammocks, scrubby flatwoods, pine flatwoods, sandhill and longleaf pine/wiregrass habitat, according to its website.

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FOXNews.com: NY judge lets Occupy lawsuit proceed against police officers, dismisses top officials

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NY judge lets Occupy lawsuit proceed against police officers, dismisses top officials
Jun 7th 2012, 23:51

NEW YORK –  A judge gave the green light Thursday to a lawsuit against police officers in the arrests of 700 Occupy Wall Street protesters last year on the Brooklyn Bridge, but he dismissed the city and its top officials from liability.

U.S. District Judge Jed Rakoff in Manhattan said in a written ruling that the marchers had adequately backed up their claims at this stage of the litigation that they were not properly warned by officers that they would be arrested on the bridge Oct. 1.

But the judge tossed out as defendants the city, Mayor Michael Bloomberg and police Commissioner Raymond Kelly, rejecting the argument that the city and its top officials had a policy of making false arrests designed to discourage protesting.

City lawyer Arthur Larkin said the city was pleased that the judge found neither the mayor nor the police commissioner was liable. He said the city was considering its legal options, including appeal, regarding the remainder of the decision.

The judge began his decision by citing the contributions of people such as Thomas Paine and Martin Luther King Jr., saying "what a huge debt this nation owes to its 'troublemakers.'"

"They have forced us to focus on problems we would prefer to downplay or ignore," he said. "Yet, it is often only with hindsight that we can distinguish those troublemakers who brought us to our senses from those who were simply — troublemakers. Prudence, and respect for the constitutional rights to free speech and free association, therefore dictate that the legal system cut all non-violent protesters a fair amount of slack."

The ruling came in one of several lawsuits that resulted from the protest in which protesters were surrounded by officers in the middle of the bridge and arrested.

The protesters were demonstrating against financial inequality. Their lawsuit seeks a judgment declaring their arrests were unconstitutional and unspecified damages.

Police said the protesters were arrested and given disorderly conduct summonses for spilling into a roadway despite warnings.

The judge, in his ruling, said the plaintiffs had made an adequate showing that police failed to give fair warning to the majority of protesters that they would be arrested if they marched in traffic lanes on the bridge. He said the protesters were further confused when police officers walked into the lanes themselves and stopped traffic, making it seem as if it was all right to be there.

The judge said the videos offered by both sides show that the police officers "exercised some degree of control over the marchers, defining their route and directing them, at times, to follow certain rules."

He said the use of one bull horn to warn demonstrators where to go was clearly inadequate because "no reasonable officer could imagine, in these circumstances, that this warning was heard by more than a small fraction of the gathered multitude."

"Indeed, the plaintiffs' video shows what should have been obvious to any reasonable officer, namely, that the surrounding clamor interfered with the ability of demonstrators as few as 15 feet away from the bull horn to understand the officer's instructions," the judge added.

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FOXNews.com: Feds focusing on regional challenges of fire management amid active season, few funds

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Feds focusing on regional challenges of fire management amid active season, few funds
Jun 7th 2012, 23:05

ALBUQUERQUE, N.M. –  Federal officials on Thursday released the latest iteration of their national wildfire management strategy as they deal with limited resources and an active fire season that already has blackened hundreds of square miles in states from New Mexico to Michigan.

The U.S Department of Agriculture and the Interior Department have been working for more than a year to develop the strategy. The latest phase covers assessments done for the West, the Northeast and the Southeast that identify population trends, climate changes and different priorities that will help with the creation of action plans due next spring.

With the increase in larger, more catastrophic wildfires over the past decade, USDA Under Secretary Harris Sherman told The Associated Press in a phone interview Thursday that setting priorities will be key.

"It's not going away," Sherman said of the threat of wildfire. "We're going to have to be more comprehensive and smarter in how we deal with these issues in the future."

He noted the need for government agencies to be proactive in their efforts to protect not only property but vital resources such as watersheds that provide drinking water.

Development of the strategy comes as firefighters grapple with overgrown forests and another consecutive year of dry, windy conditions. Currently, they are battling 20 large fires across the country. They range from a few hundred acres in South Dakota to more than 263,500 acres in New Mexico.

The New Mexico blaze has finally stalled at about 412 square miles in the Gila National Forest after burning for weeks. Nearly 1,000 firefighters continue to patrol the lines and watch for flare-ups on the fire, the largest in the state's recorded history.

A dozen cabins were destroyed by the lightning-sparked fire, and surrounding communities are concerned about flooding that could result from summer rains washing ash, soil and charred debris down steep, denuded mountainsides.

In northern New Mexico, crews were making progress against a pair of fires burning in the Santa Fe National Forest. The blazes were threatening no communities, but they sent up plumes of smoke that sparked memories of last year's record-setting season.

Firefighters were wrapping up a 227-acre wildfire in northern Colorado on Thursday, while extreme weather caused problems for crews trying to corral a 6,000-acre blaze in Wyoming's Medicine Bow National Forest.

In Michigan, firefighters continued to secure lines and protect structures from a blaze that burned about 33 square miles. Nearly 50 homes, a motel, a store and dozens of sheds and garages were destroyed.

Besides property, Sherman said there's much at stake when it comes to how federal, state and local agencies prepare for and manage fire. He pointed to the need to protect watersheds, saying more than half of the drinking water in the U.S. comes from public and private forests.

Sherman used the 2002 Hayman fire near Denver as an example. The largest fire in that state's recorded history, the blaze sent significant amounts of sediment into one of the city's main storage reservoirs, and tens of millions of dollars were spent dredging it.

"The cost of dealing with the aftermath of this fire far exceeded what proactive steps might have been taken at the outset to prevent those types of things from happening," he said.

Federal officials said the wildland fire management strategy is aimed at giving local agencies and community leaders a voice in setting priorities and developing solutions in light of the different challenges in the three regions.

Randy Dye, president of the National Association of State Foresters, said in a statement that having a broad discussion with the states about the nation's fire problems is a step in the right direction.

In the Northeast, a lack of fire was among the concerns identified in the report, while land ownership changes and the capacity of rural fire departments were listed as some of the challenges in the Southeast.

In the West, the report states land managers and communities have been dealing with more uncharacteristically large fires, protections for endangered plants and animals, the spread of invasive species and the decline of logging and other industries that use the forests.

___

Online:

National Cohesive Strategy: http://www.forestsandrangelands.gov/

___

Follow Susan Montoya Bryan on Twitter: http://www.twitter.com/susanmbryanNM

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FOXNews.com: After search of Etan Patz suspect's NJ home, no word on findings; police took computer, papers

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After search of Etan Patz suspect's NJ home, no word on findings; police took computer, papers
Jun 7th 2012, 23:13

NEW YORK –  Police have spent hours searching the home of a man charged with murdering a 6-year-old New York City boy who went missing in 1979, but it's not yet clear whether investigators have found anything relevant.

A lawyer for the wife of suspect Pedro Hernandez says authorities finished combing the couple's Maple Shade, N.J., home around 3 a.m. Thursday. The search started late Wednesday afternoon.

New York police have said only that the search related to the investigation into the disappearance of Etan Patz (AY'-tahn PAYTS).

Police collected items including a computer hard drive and some papers. Lawyer Robert Gottlieb says Hernandez's relatives don't know what police were seeking.

Police say Hernandez confessed last month to killing the boy. Hernandez's lawyer and his wife's lawyer say Hernandez is mentally ill.

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