#isn’t it law that spouses can’t testify against each other or something? | Explore Tumblr Posts and Blogs

wingletblackbird · 3 years

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Hi. I've been a long time fan of your meta posts. I've been wondering from a purely legally perspective if, as a senator, Padme had the authority to pardon Anakin following his confession in AotC?

Thanks for the compliment!

I'm pretty sure Padme does not have the authority to forgive Anakin's actions on Tatooine from a legal perspective. This isn't just because she is a senator though, and I don't think senators unilaterally have that authority. Even if she did have that kind of authority, and had it on a planet not in the Chommell Sector, she would lack jurisdiction on two counts.

The first is that Tatooine is really only nominally a part of the Republic. It is ruled by the Hutts. Padme has no authority here whatsoever. On top of that, there is no local law enforcement on Tatooine. There are Jabba's enforcers, and your blaster. There is no real law at all. This is the Wild West at it's worst. That is why when Shmi is kidnapped, Cliegg gathers up his farming buddies, and they go after the Tuskens. They can't call in the police, or the military, or any one else to do it. It's a harsh world, and it is just them to do what is necessary. That is why, from a Tatooinian legal perspective, Anakin has not violated the law. On Tatooine justice=vengeance. It is hard to break the law when there isn't one. Sure people will think what he did was excessive, but everyone hates the Tuskens, (you could even call it speciesism), so no one will do anything about it.

The second reason Padme has no say is because Anakin is a Jedi. The Jedi, as seen in Ahsoka's trial, handle all legal matters concerning violations by the Jedi, if not all Force-Sensitives. Now, this system does have room for abuse. However, there is good reason for this system to exist. Force-sensitive beings can choke you from afar, mind trick you etc. The Jedi are the only ones who can ensure a sound judgement, and/or minimal chance of an escaped convict.

Not only do the Jedi need to be in charge in this case for security, they are also the only one's who can truly appreciate how difficult the Force is to handle. What I mean by this is that there is a difference between falling to the Dark Side, and brushing against the Dark. The former is a choice you can be condemned for, the latter is more like manslaughter. Think in ANH when Obi-Wan tells Luke, essentially, that the Force can also control you. You need to be careful how you draw upon the Force. What might be murder for a non-Forceful, could be manslaughter for Forceful if they are overwhelmed by a Force they cannot control, but controls them.

Taking all of this into context then. When Anakin finds his mother, he is grief-stricken, guilt-stricken, furious, horrified, terrified etc. He decides someone needs to die for this, and fair enough. His mother has been tortured to death over several weeks. He gets out his lightsaber and kills the guards. After that, Tuskens come running up to him, he swings his lightsaber. Fade to black. The fade to black symbolizes his brush with the Dark Side. Anakin intended to kill the guards. This is not against the law. This is justice on Tatooine. However, Anakin is also Force-sensitive, and extremely off-balance. He draws on the Force wrong, gets overwhelmed by the Force, and more and more Tuskens, and next thing you know, he's gone and killed the whole village. This was not intentional at all. (As an aside, I think drawing on the Light Side the wrong way can be just as bad, even if not as obviously destructive, but that is a meta for another day.)

Anakin is shocked, horrified, sickened. We can see him struggle to come to terms with it when Padme comes to find him. When he was using the Dark Side he was on a high of power, all the justifications whispered in his head he remembers, now he's awake and trying to cope with what he has done, and why, and how it felt. He has no clue how to handle this. He is a trainwreck. Now, if he'd been bragging about it, I think Padme would have noped out and reported him. He wasn't though. He felt bad. He should be better than this. She forgives him. This is not on a legal level, just a personal one. Padme's gift and flaw is that she always looks for the best in people. Anakin has committed no wrong on Tatooine, and the other wrongs are a Jedi matter she has nothing to do with. In the same way she likely assumed the Jedi would handle Shmi, she thought Anakin would go to the Jedi. Then the war broke out, and there were other things to worry about.

As for Anakin, he was horrified about what he did, and knew he would have to tell someone. He was scared to tell Obi-Wan/the Jedi though. He had never quite fit in. He didn't want to let them down. He didn't expect them to understand how losing his mother affected them. How could they? What should he do? So, he goes to Palpatine first for advice. Palpatine will tell him what he should do. Had Palpatine been a decent man, he would have been sympathetic, but still would have told Anakin that this was beyond his area, and Anakin clearly needs the Jedi's help. Anakin would have gone to the Jedi. Palpatine is not a good man though, and wants Anakin to feel miserable and dark and dependent only on him, so he isolates Anakin further. Of course, the Jedi would never understand, my dear boy. And, besides, it's not like what you did was really all that bad, right? After all, they killed your mother. All water under the bridge! Anakin may not believe this, but it is permission for him to not face his fears, so he doesn't. He vows to do better, and leaves it at that. If Padme brings it up, he tells her he got help. He legitimately thinks he did. Even if he mentioned it was Palpatine he went to, at this point in time, Palpatine is an old friend/mentor of Padme's. She trusts him too. Problem solved.

Now, had Anakin (or Padme) actually told the Jedi what happened. I do not think they would have risked expelling Anakin outright. First of all, they could not have condemned the murder of the Tusken guards, as that could be considered justice under Tatoonian law. However, the rest is manslaughter, arguably even involuntary manslaughter. (Anakin definitely would not have killed kids at this point in time intentionally. He could barely do it even when he chose to fall.) Given Anakin's remorse, he is not beyond hope, and they do not want to expel a man who still could be a danger to himself and others, (and they want to keep track of “The Chosen One”), so he is punished and offered extra meditative training.

I think generally 1-5 years is the typical penalty for involuntary manslaughter? Up to a maximum of 8-10? I don't know. I'm no expert, but I reckon it is pretty similar for Jedi. I imagine the council would suspend him from all further duties, place him in confinement for a year for meditation, counselling, therapy is that too much to ask for?, after that, they would let him out for remedial training under a watchful eye. If improvement was seen, he would eventually be allowed to return to active duty. His knighthood would be put off for quite some time. Alas, this does not happen.

Even if it had though, I don't picture Anakin ever being knighted. Honestly, the increased supervision would have also meant he couldn't see Palpatine or Padme. I think the latter would be the breaking point. Anakin would insist on seeing her and he would get expelled. He would still be expected to do his time, of course, but after that he would leave and never look back.

#Padme #Anakin #Tatooine #Legal system #justice #Jedi Order #also as his wife would Padme even be obligated to report anything he does?#isn’t it law that spouses can’t testify against each other or something?

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deborahcastellano · 6 years

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[The Rules of Exile] Rule No. 10 You Don't Get to Be My Last Great Whatever

Queen Catherine of Aragon was sent into exile because she had the nerve to be aging and menopausal. A popular legend in that particular histo-mythic cycle is that Henry sent her away (sometimes, with Cromwell to do his dirty work for him because that was the kind of stand up guy he's remembered as) without saying good bye. She was once married to his older brother Arthur in a castle in the wild but Arthur got sweating sickness and died. They were only married to each other for a short time. She then had her first encounter with exile where she lived somewhat modestly (again, accounts vary depending on the histo-mythic teller) and supposedly bargained for fish and sold her plate while her dad and her ex father in law dawdled over what to do with her. Her father was a war monger with a bunch of kids, he had no problem waiting. Her ex father in law held his country in a tight fist, he had been exiled so many times by his mother (Lady Margaret Beaufort) that he too could wait. Neither appeared to find this particularly cruel, and neither did a seasoned politico warrior like Lady M. Like . . .I get stressed out not knowing what's going to happen in a day while still being aware of certain potential outcomes. I don't know how stressful it is to not know what country you're going to live in and/or who you'll be married to. Queen Cat's ex father in law drops dead and she is married off to Henry for almost twenty years when she receives the message, u had too many ded babies, lulz. super soz. going 2 marry anne bc babies + she is way hot. she will only put out if i put a ring on it. thx for nearly twenty years of marriage! ��Best of luck or whatever. Or, you know, no message past whatever Cromwell tried to piece together. Whatever the medieval royal equivalent of dipping out of a pack of cigs was.

She died in exile a little into Queen Anne's reign, with only a few of her ladies and servants. Sometimes the wheel (of fortune) is in your favor, sometimes it's not. It was for a long time for Queen Cat, but then she never planned for Queen Anne. Partly because I don't think anyone, even someone who had headed a battle with Scotland like Queen Cat did, could have planned for Queen Anne.

Sometimes, the hardest part of exile is the people we have been exiled from. Either by our choice or theirs (sometimes both). Parents, siblings, friends, lovers, spouses, family, whole courts if you are particularly un/lucky and everyone else is either on the other person's side because they tell a better version of your story than you do or you weren't much beloved to begin with or the other person has too much power over the others for them to rise up for you. Even Mary, Queen of Scots usually couldn't get the North (of England) to rise up for her and she was hella glam and hella Catholic (appealing traits to her target demo).

There is nothing more painful than this part of exile, Sister Queens. It's too soon for revenge because you will not be thoughtful enough or have the means to plan that properly. Your heart is a wasteland and everywhere you go, you know everyone knows something about you but you can only guess at what. During this time often, your position at court has been forfeited, your rank and title is called into question along with your deeds and those still associated with you, your goods are often seized and people now consider if they would like to associate with you because they will be associated with you. This has ever been the struggle, even in this modern life as (often) landless Queens - at work, in your family life, in your social circles, in your creative life and in your spiritual life. A boss has turned against you, a break up that causes a fracture in your circles, side choosing over social issues, scandal and gossip that you were involved in. To bring it down real low (like reaaaaaaaaaaaaaaaaaaaallllllllllllllllllll low), Vicki on Real Housewives of the OC is currently in exile due to her exboyfriend Brooks who was involved in a cancer scandal that she was at the very least, complicit in. In turn, I'm positive that she was not only exiled from her realty television faux friends, but also likely saw repercussions in her business and in her professional career, at the very least. Possibly within her family and social groups as well because even though everyone knows reality television isn't particularly real, it's hard to know where that shred of truth in the lie resides.

How do you survive in that trying time when the people in your life are choosing alliances? How do you survive when a lover has played you false and now is flaunting their new whatever for all the world and you to see? How do you get through when you have been exiled from your coven? How do you go on when your coven exiles you? What do you do when an event or social group that once loved you has turned against you?

A note, to a Sister Queen who has recently felt the sting of exile from an ex-lover:

As you know, my thought process on these kinds of events are filtered through figuring out patterns and lessons and possible and probable outcomes because that's just so my world view. While I certainly take some time to reflect before moving on, I find that the Universe (with me) is generally like, Here's another whatever you just lost. Fuck that guy. So I'm at a point in life where I trust that will happen in a reasonable time frame. But another core part of me (besides grudgingly trusting in the Universe) is like, Fuck. You. You don't get to be my last whatever. You don't get that kind of power. You don't get that kind of power over me. I will replace you because I can replace everything and I will burn everything in the process if I have to. Every. Thing.

Obviously, if you know me at all, you know I value those in my life, but I also know that everything has a season blahblahblahturnwhatever. Everyone could die, everyone could leave, every relationship could break, every event could end, every group could break apart. So, like, when you know that and you've been through that a few times, you value what you have when you have it but you also have in the back of your head what you would do if you lost those things.

In terms of practical advice, I would suggest you branch out and try to find other events/groups/lovers/friends and to figure out what part you played in your own exile story (as that is a key factor) so you can mend what you can mend and move forward in a better direction with finding new wishes, hopes and dreams. Talk to trusted advisers for their opinions of the events that led to your exile, figure out a game plan to get yourself back to court or deeper into exile, whatever your preference. I will forever be Lady Jane Rochford to my complete despair, she managed to get exiled from court during Queen Anne due to being her sister in law (and testified against Anne and her brother George, claiming they were sleeping together, leaving them both beheaded) but when she was offered a position back at court two Queens later, she jumped at the chance and that's how she lost her head right alongside Queen Katherine (yes, another - this one was sixteen and sleeping with boys her own age, how dare she). I can't stay away from the game, not like Lady Mary did (Anne's sister, Henry's former mistress - she married a nobody and stayed in the countryside where it was safe and died of natural causes and possibly boredom). I am forever working my way back to court and onto better courts. If you read me, that's probably you too.

Fine, we have you settled into fixing your situation practically. Now let's get to the exciting part. The part that requires sorcery.

A Spell to Reclaim Your Queenship

Items needed:

Myrrh

Charcoal, lit

Fire safe container

Fresh flowers (either picked or bought)

Floral wire

Floral tape

String lights or electric candles

two bowls

Rose quartz crystals

handful of dried lavender

Chalice

Sacred liquid to drink

Salt water

a candle, offerings

Tarot deck

Potential goddesses: Your own goddesses (which include ancestors and spirits, obvi). a historic queen you admire, St. Elizabeth of Portugal, Mary Queen of Heaven, Diana

If you've ever bothered to read my book, you know that planning your ritual is key. Where will you have it? Why? What will you wear? Why? What day/time will you do it? Why? Who will you work with? Why? What does your crown mean to you? Why? What flowers are sacred to you? Why? What liquid is sacred to you? Why? Which Tarot deck will you use? Why? There are no wrong answers, only lazy answers. If you are not being lazy, you are not wrong. You know when you are being lazy.

Arrange your electric candles or string lights into a circle big enough for you to do your work. Pour salt water into one bowl. Arrange the lavender and rose quartz into the other bowl. Arrange your small shrine to your goddess(es) along with the candle and offering. Ask for her/their blessing to guide your hand during this work. Use words that are meaningful to you. Pour sacred liquid into chalice. Put the myrrh on the charcoal. Anoint yourself with the smoke. Wash your hands, your third eye and the top of your head in the salt water. Then, say:

I am Queen over my own body. My body is sacred. I am Queen over my own spirit. My spirit is sacred. I an Queen over my own mind. My mind is sacred. I am Queen over my own heart. My heart is sacred. I am Queen. I am sacred.

Start making your floral crown. If you are like me, you have literally spent more than half your life making them and have taught diy workshops on the matter. This is no big deal. If you're not like me, watch the Youtube video in the link and maybe do a practice one first. Spend the time making your crown singing songs that are meaningful to your Queenship, trancing or meditating on your Queenship.

Rest your crown over the bowl of rose quartz and lavender. Put your hands on your crown. Repeat:

Touch the crown to your navel, your heart, your throat and your forehead. Put the crown on your own head. Repeat:

Hold the chalice in your hands. Focus on what you want to bring to yourself. As a sacred Queen, I won't want for . . .(love, strength, compassion, abundance, and so forth)

Drink what's in the chalice. Thank your goddesses for their presence. Draw a Tarot card. That is your omen for your work. Reflect. Hang your crown over your bed and put the bowl of rose quartz and lavender next to or under your bed.

***

Please feel free to share pictures of your work, thoughts about your work and aftermath of your work where ever you read this.

xxx

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advertphoto · 4 years

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Divorce Lawyer Farmington Utah

Utah has mandatory mediation requirements. If you’re fighting with your spouse about custody or visitation, prepare to be deeply involved with the court system. In fact, your first stop should be a mediator’s office to see whether you can avoid a full blown custody trial. Even if you run right out to your lawyer and ask for a court hearing, the court will send you to mandatory mediation with a court mediator before you can have your day in court. Go to mediation as the court requires—or meet with a private custody mediator chosen by your Farmington Utah divorce lawyer.

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When you file your first court papers asking for the divorce or respond to your spouse’s papers, you state in general terms what you want in terms of custody. For example, you state whether you agree to share joint legal custody or are seeking sole custody with visitation to your spouse. In most states, you’re also required to file a statement describing where and with whom your children have lived for the past five years, to comply with a law called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA ).

If you want the court to issue a temporary custody order while your divorce is pending, you’ll probably move quickly on to a motion hearing. Either you or your spouse will file a motion stating what you want, and the other will respond, arguing for something different. You may also submit declarations—written statements by you and possibly from witnesses, giving the judge facts that you think support your position. You’ll then go to court for a hearing, where the judge will make a temporary order. That order will be binding until you either agree to change it or have a full trial, after which the judge will make a permanent order.

Under Utah divorce laws, if you don’t get custody of your children you can seek visitation. A parent who doesn’t have physical custody of the kids is usually given visitation rights. If one parent has both legal and physical custody and the other has fairly limited visitation. For many parents, having to deal with an ex-spouse about visitation is really hard, especially right after the separation before anyone has settled into a new routine. Consult with an experienced Farmington Utah divorce lawyer for advice on child custody and visitation.

Some parents try to minimize contact between their children and their other parent, hoping the difficulties will go away if they’re avoided. Nothing could be further from the truth. If you’re hoping that quietly sabotaging contact between your spouse and your kids—by making the kids unavailable for phone calls, inventing excuses why visitation just can’t happen some days, or giving your kids subtle messages that they should resist visitation or shouldn’t be close to the other parent— will have a good result, think again. First of all, it’s not good for your kids, who need both of their parents’ support during this big transition. Second, it will only make things more difficult for you and your spouse in the long run. Third, it may backfire against you in court. If your spouse reports your behavior to the judge, you could lose your custody rights or some of your visitation time, or have to deal with the judge appointing someone to oversee visitation and make sure the court orders are being carried out.

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If your spouse is interfering with visitation, first try direct communication. Ask your spouse whether the visitation schedule is working out and if it isn’t, what the problem is. Don’t accuse or threaten. There may be an explanation that you haven’t thought of, so be open-minded. However, it’s also important to remind your spouse that there’s a court order in place and that you expect compliance. If you continue to have problems, suggest mediation—and try to find a mediator who’s trained in dealing with custody matters. A little intervention can go a long way in a situation that hasn’t escalated too far. But what about a spouse who simply refuses to comply with court ordered visitation? There’s not much you can do except go back to court and ask the judge to intervene. If necessary, the judge will send law enforcement officers to pick up your kids and bring them to you for visitation. And you may even be able to get the judge to order a change in custody. It’s definitely in your best interest to have your Farmington Utah divorce lawyer help you with this kind of custody fight. A parent who refuses to honor visitation rights is a parent who’s probably beyond a talking cure.

If there are significant changes in the way you or your ex wants to handle custody, you may need to go back to court to request a legal change. For example, you might want to ask that physical custody change from joint to sole custody with visitation rights. Or if you compromised during the divorce by giving your spouse physical custody because your job took you out of town a great deal of the time and now you don’t travel as much, you might want to ask for a change in the schedule as well as a change to joint physical custody.

A divorce parent can seek child custody modifications. Divorced parents seeking to modify child custody arrangements should consult with an experienced divorce attorney. If both parents mutually agree on the modification, then the entire process is easy. However if the parents do not agree on the modification, then the matter must be resolved through the court. If there is a court of order on child custody, when both parents agree on the modification, the parents can jointly inform the court about the agreed modifications and the court will modify the order accordingly. However when the parents do not agree on the modifications, the parent seeking the modification must move the court for the modification. Generally once the application for modification of child custody is passed, the other parent will be asked to file a reply to the application. The court will then hear both parents. The parents can testify in support of their respective stance and also produce evidence. The court will also consider the best interest of the children before deciding on the application.

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The non-custodial parent with visitation rights can apply for child custody modification if the custodial parent interferes with the visitation rights. There’s not much the non-custodial parent can do except go back to court and ask the judge to intervene. If necessary, the judge will send law enforcement officers to pick up the children and bring them to the non-custodial parent for visitation. And the non-custodial company may even be able to get the judge to order a change in custody. A non-custodial parent with visitation rights should seek the assistance of an experienced Farmington Utah divorce lawyer if he or she wants to change the child custody order.

The non-custodial parent can also seek a modification of the child custody order if the custodial parent wants to move away. One of the most contentious issues that divorcing couples deal with is one parent’s desire to move away. A move across town, or even to a different city within driving range, may not be a big deal, but when one parent wants to move across the country, it can create a lot of problems especially if that parent has custody of the children. Most judges do not favor a move that will take children away from an involved parent, school activities, and friends. At the same time, they are sympathetic to arguments of economic necessity. In some places, the court decides what would be in the “best interests” of the children, but in others, the court will allow a custodial parent to move unless it would harm the children—a much lower standard than considering only what the children’s best interests would be. Most states put the burden of showing the move is in the children’s best interest on the parent who wants to move.

A non-custodial parent can also seek modification of the child custody order if the custodial parent takes up a job that would cause the child to remain home alone at night or the custodial parent becomes a drug addict or is convicted of a criminal offense.

For parents, the long-range outcomes of joint custody have been somewhat better than sole custody arrangements, reducing the need for parents to return to court to enforce visitation and support awards. It also appears to affect the way that parents view their participation with the children after the divorce. In some cases it lessens the additional burden of care that falls on the custodial parent. In other cases it seems to diminish the likelihood that a noncustodial parent (usually the father) will not pay child support. In still other cases it seems to reduce the potentially damaging strain on the relationship between the noncustodial parent and children.

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In many cases, however, it is difficult to know what is best for the children. Only hindsight can determine for certain whether divorced parents, when relieved of the burden of the deteriorating marriage, will interact with each other and the children in a way that allows the children to maintain a stable relationship with both. Joint custody is not indicated when there is continuing conflict and hostility between the parents that is exacerbated by the interaction necessary to implement this arrangement. Yet the court has only the short time of the hearing to observe and evaluate each of the parents and to speculate about what would be best for the children. For this reason, divorcing couples are urged to negotiate their own custody arrangements. Joint custody, in particular, is rarely an optimum solution if both parties will not agree to it themselves.

In case of sole custody, all decisions concerning the children should then be made by that custodial parent. He or she should decide how, and under what conditions, the children should be raised, even including visitation by the noncustodial parent. The reason for this unilateral decision making is that despite good intentions, too many parents are just not able to cooperate with one another, and never-ending conflicts arise when decisions need to be made concerning the children.

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Legal custody refers to parental rights and responsibilities of decision making with regard to a minor child. In joint legal custody, both parents retain the right and responsibility to make major decisions about their child. Although there is no clear definition of what constitutes “major” decisions, they are usually thought to include the areas of education, medical care, and childrearing. Sole legal custody sanctions, but does not mandate, unilateral decision making.

Physical custody stipulates living arrangements for a minor child and, by implication, which parent is responsible for day-to-day decisions regarding the child. Joint physical custody indicates that the child lives with both parents, although the time division is often unequal. Parents are assumed to share daily decision making and provision for the child’s needs, although frequent consultation between parents does not always occur. Sole physical custody indicates that the child lives with one parent and visits with the other.

“Joint legal custody,” in which children have a primary residence but parents share responsibility for making important decisions, is often the preferred arrangement. Joint custody is a beneficial new approach that works well for most cooperative parents, and it can succeed if parents, who may not get along well with each other, are able to shield children from parental conflict. Too often, however, courts have applied this arrangement erroneously to embattled couples, for whom it fails disastrously.

Divorce laws in Utah are complex. Along with the divorce you also have to fight for alimony, child custody and child support. Different sets of laws are applicable to each of these issues. Never attempt to handle the legal aspect of these issues without the assistance of an experienced Farmington Utah divorce lawyer. It’s a one way ticket to disaster.

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When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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aretia · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

Source: https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

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michaeljames1221 · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

from Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/02/12/divorce-lawyer-farmington-utah/

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divorcelawyergunnisonutah · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

from Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

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mayarosa47 · 4 years

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Divorce Lawyer Farmington Utah

Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

from https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/divorce-lawyer-farmington-utah

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melissawalker01 · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

from Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/190787400505

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gonnagoandrunwiththehorses · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

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Source: https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

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asafeatherwould · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

Source: https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

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coming-from-hell · 4 years

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Divorce Lawyer Farmington Utah

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Farmington Utah Divorce Lawyer Free Consultation

When you need legal help for a divorce case in Farmington Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Defense Of PIP Claims

Divorce Lawyer Park City Utah

Family Lawyer Tooele Utah

Can I Use A Logo For Personal Use?

Corporate Lawyer Lehi Utah

Insurance Defense Litigation

Source: https://www.ascentlawfirm.com/divorce-lawyer-farmington-utah/

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kansascityhappenings · 6 years

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Jury awards $289 million in damages after man says he got terminal cancer from Monsanto’s Roundup

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In a groundbreaking case against agricultural giant Monsanto, a jury has awarded $250 million in punitive damages and nearly $40 million in compensatory damages to a former school groundskeeper who said he got terminal cancer from the weedkiller Roundup.

Dewayne Johnson was seeking about $400 million in punitive damages and $39 million in compensatory damages from Monsanto, his attorney Timothy Litzenburg said.

Johnson’s victory Friday could set a massive precedent for thousands of other cases against Monsanto.

Johnson was the first of hundreds of cancer patients to take the company to court over its popular weedkiller, Roundup.

CNN reported last year that more than 800 patients were suing Monsanto, claiming Roundup gave them non-Hodgkin’s lymphoma.

Since then, hundreds more plaintiffs — including cancer patients, their spouses or their estates — have also sued the agricultural giant, making similar claims.

Johnson’s case was the first to go to trial because in court filings, doctors said he was near death. And in California, dying plaintiffs can be granted expedited trials.

Lesions on much of his body

Johnson, 46, applied Roundup weedkiller 20 to 30 times per year while working as a groundskeeper for a school district near San Francisco, his attorneys said.

He testified that during his work, he had two accidents in which he was doused with the product. The first accident happened in 2012.

Two years later, in 2014, he was diagnosed with non-Hodgkin’s lymphoma.

On bad days, Johnson is too crippled to speak. Lesions have covered as much as 80% of his body.

Litzenburg said the most heartbreaking part of Johnson’s testimony was when the father of two described telling his sons that he had terminal cancer. Johnson’s wife now works two 40-hour-per-week jobs to support the family, Litzenburg said.

How carcinogenic (or not) are Roundup and glyphosate?

The big questions at stake were whether Roundup can cause cancer and, if so, whether Monsanto failed to warn consumers about the product’s cancer risk.

In March 2015, the World Health Organization’s International Agency for Research on Cancer (IARC) said the key ingredient in Roundup, glyphosate, is “probably carcinogenic to humans.”

“For the herbicide glyphosate, there was limited evidence of carcinogenicity in humans for non-Hodgkin lymphoma,” the report states.

But Monsanto has long maintained that Roundup does not cause cancer, and that the IARC report is greatly outnumbered by studies saying glyphosate is safe.

“More than 800 scientific studies, the US EPA, the National Institutes of Health and regulators around the world have concluded that glyphosate is safe for use and does not cause cancer,” said Scott Partridge, Monsanto’s vice president of strategy.

He highlighted the Agricultural Health Study, which studied the effects of pesticides and glyphosate products on farmers and their spouses from 1993 to 2013.

“Many had already been using Roundup and other formulated products (since) it first came on the market,” Partridge said.

A summary of that study said “no association was apparent between glyphosate and any solid tumors or lymphoid malignancies overall, including NHL (non-Hodgkin’s lymphoma).”

“We all have sympathy for Mr. Johnson,” Partridge said. “It’s natural he’s looking for answers. Glyphosate is not the answer.”

But Litzenburg said glyphosate isn’t the big problem — Roundup is. He said the interaction between glyphosate and other ingredients in Roundup cause a “synergistic effect” that makes the product more carcinogenic.

Monsanto spokeswoman Charla Lord disputed that notion, saying regulatory authorities help ensure Roundup as a whole is safe.

“The safety of each labeled use of a pesticide formulation must be evaluated and approved by regulatory authorities before it is authorized for sale,” she said.

The National Pesticide Information Center — a cooperative between Oregon State University and the EPA — said studies on cancer rates in humans “have provided conflicting results on whether the use of glyphosate containing products is associated with cancer.”

What did Johnson have to prove?

While it’s impossible to prove Roundup caused Johnson’s terminal illness, it’s also impossible for Monsanto to prove Roundup did not cause his cancer.

“Cancer is a very difficult case to try,” Litzenburg said. “You can’t X-ray it or biopsy it and come back with what caused it.”

In this case, Monsanto was not required to prove anything. The burden of proof was on Johnson, the plaintiff.

But that doesn’t mean Johnson’s team had to prove Roundup was the sole cause of his non-Hodgkin’s lymphoma. The question was whether Roundup was a “substantial contributing factor” to Johnson’s illness.

“Under California law, that means Mr. Johnson’s cancer would not have occurred but for his exposure to Roundup,” Monsanto spokeswoman Lord said.

She noted that it’s possible his cancer could have developed from something unrelated to Roundup.

The majority of lymphoma cases are idiopathic — meaning the cause is unknown, according to the American Cancer Society.

Litzenburg agreed that most non-Hodgkin’s lymphoma cases have not been linked to one primary reason in the past. But he said the tide is starting to turn — similar to how it took decades for people to learn that tobacco can be a big contributing factor for lung cancer.

“You can’t take a lung cancer tumor and run a test that proves that tobacco caused that cancer. … You’re seeing the same thing here,” Litzenburg said. “I think we’re in the beginning of that era of this dawning on us as a country — as a public — the connection between these two things.”

Thousands of cases to follow

Litzenburg said he and other attorneys have more than 2,000 similar cases awaiting trial in various state courts.

He estimates another 400 cases have been filed in federal multidistrict litigation, or MDL.

MDL is similar to a class-action lawsuit because it consolidates pre-trial proceedings for the sake of efficiency. But unlike a class-action lawsuit, each case within an MDL gets its own trial — with its own outcome.

In other words, one MDL plaintiff might get a large settlement, while another plaintiff might get nothing.

No dates have been set for those MDL trials, Litzenburg said.

But one advantage of filing in state court — as Johnson did — instead of through MDL is that state courts sometimes produce an outcome faster.

And in Johnson’s case, time is critical.

from FOX 4 Kansas City WDAF-TV | News, Weather, Sports https://fox4kc.com/2018/08/10/jury-awards-289-million-in-damages-after-man-says-he-got-terminal-cancer-from-monsantos-roundup/

from Kansas City Happenings https://kansascityhappenings.wordpress.com/2018/08/10/jury-awards-289-million-in-damages-after-man-says-he-got-terminal-cancer-from-monsantos-roundup/

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jenniferramona1 · 6 years

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What are Asset Protection Trusts?

If you want to protect your assets from creditors or to alleviate the effects of taxes or divorce, a domestic asset-protection trust can help you feel secure. Trusts have a variety of uses and protecting your assets is just one of them. When you set up an asset-protection trust, you will be protected from creditors and others who might claim you owe them money.

Types of Domestic Asset-Protection Trusts

In 2013, Utah established a new asset-protection trust statute. This provides a great degree of protection for those who create and fund an irrevocable trust. Irrevocable trusts are far more effective than revocable trusts and they are recommended for this reason.

Revocable trusts, while effective for their intended purposes of general estate planning, do not protect against creditors. This is because the person who created and funded said trust is able to amend it. This allows creditors to compel distributions from the trust if they obtain a judgment against the grantor.

Irrevocable trusts, on the other hand, provide greater protection. This is because an irrevocable trust is created by someone other than the beneficiary of the trust. However, even irrevocable trusts aren’t completely foolproof.

Who Can Benefit from A Domestic Asset-Protection Trust?

Contrary to popular belief, domestic asset-protection trusts are not merely for those with a high net-worth. While these persons can obviously benefit from a trust like this, many people in high-liability professions have started funding and creating them as well. Some of the most common high-liability professions are:

Doctors: Doctors and physicians are often the targets of malpractice lawsuits.

Contractors: If something goes wrong on the job site, the contractor is likely to be held liable.

Accountants: Accountants and other financial advisors, like stockbrokers, are charged with the responsibility of protecting their client’s finances. If something goes wrong, the blame could be put on them.

While these professions come with high-liabilities, there are many other professions and situations that can benefit from a domestic asset-protection trust. If you feel you can benefit from one, then odds are you are most likely correct.

What Happens if I Don’t Have a Will? An Introduction to Utah Intestacy Law

Dying intestate, or without a will, is very common. If you die without a will, your property will go through probate and is then distributed according to Utah’s intestacy laws. Intestacy laws govern intestate property. They go into effect unless there is a valid will to testify to the deceased’s wishes or an established estate plan. In intestate inheritance, a spouse is first in line, then children, then their children, and so on. When there are no heirs in the direct bloodline, the heirs are the parents, then siblings, then nieces and nephews, and so on.

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Here are some common events that may happen if you die intestate:

Your immediate next of kin, whoever they are, will likely inherit your property first: lock, stock, and barrel. If you die intestate, everything goes to your next of kin. Your next of kin are the people who have the closest relation to you. If you’re married, then that’s your spouse. If you’re not married, your closest blood relations or equivalent, will inherit your property.

That son- or daughter-in-law you don’t like will get your property before that niece or nephew you do like. Marital property owned by your children is governed by the laws of the states they live in, not you. If they live in a communal property state, an inheritance is separate property so long as it is not commingled. While the laws are different in every state, property acquired by gift or inheritance during marriage by either spouse is separate property, but it is very easy to commingle and then become part of the community and subject to a 50/50 division.

Your heirs could be hit with inheritance taxes (that could have been avoided). The relatives who inherit from you may be subject to a large inheritance tax (both on the federal and state level), depending on the size of the estate and the state where the assets in question are held. While this won’t wipe out their inheritance completely, proper estate planning could have made this a non-issue. For example, a Salt Lake City estate lawyer could have helped you create a trust that would have minimized your loved ones’ exposure to taxes.

A little bit of money up for grabs has a very cooling effect on interfamilial relationships. In a perfect world, family members would all get along, never be jealous, and always do right by each other. This isn’t a perfect world. Intestacy laws don’t take into account the relationships the deceased had with anyone or what the deceased orally promised to someone. Even if widowed Uncle Bob told you he wanted you to have his ’65 Thunderbird, without a will, the car is going to his son…who doesn’t even have a driver’s license.

If you wish to dispute an intestacy inheritance, contact a Salt Lake City estate lawyer for assistance. They can counsel you on your rights and what course of action you can take, if any, to prove a valid claim to the estate.

Free Initial Consultation with Asset Protection Lawyers

When its time to start protecting yourself and your assets, call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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from Michael Anderson http://www.ascentlawfirm.com/what-are-asset-protection-trusts/

from Utah Bankruptcy Law https://utahbankruptcylaw.wordpress.com/2018/02/21/what-are-asset-protection-trusts/

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alanafsmith · 7 years

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How a registered sex offender wound up living in an Airbnb hosting unsuspecting guests

A concerned citizen tried to alert Airbnb that a known registered sex offender was living in a house being rented out on the platform.

But this offender, although registered, was not listed in the public sex offenders database.

The situation raises questions about the safety checks Airbnb – and other companies– can do.

It also serves as a warning that the public sex offender database is an imperfect source of information.

To most people, the term "registered sex offender" makes them think of a convicted rapist who has been released from prison, whose location is now visible in a database for all.

Each US state maintains this public database on the internet, sometimes referred to as the Megan's Law database.

But what most people don't know is that it's possible for someone to be a registered sex offender and not be found anywhere on it.

That means that the person won't show up when a concerned citizen is searching for sex offenders by zip code. They also won't show up if a search is done by the person's name or address, and they won't be visible when the database is used for a background check by a potential employer, experts say.

And that's how an infamous registered sex offender in the upscale community of Carmel Valley, California, wound up living as a host in an Airbnb, regularly entertaining guests — even though Airbnb was notified about his history by at least one person who recognized him, according to documents seen by Business Insider.

The situation points to a frightening idea: that Airbnb may not always be aware of all the people living in the homes rented out on its platform, or the people who have access to them, and wouldn't have done its typical safety checks on them.

Shh, don't tell Airbnb

There were a lot of people who recognized this man. His name is Carl Bergstrom, a former wealthy "concierge" doctor in the area whose sensational and lurid 2009 rape trial in the sleepy community of Carmel, California, was closely covered by the local media.

Although the community knew his history, it was very difficult for Airbnb to know it. For one thing, he wasn't listed as the Airbnb host.

The home was listed by the woman he lived with, "Sharon" a little over a year ago, and her host rating was high. And, like many people in Carmel, Sharon knew of Bergstrom's background.

"Carl is not on Megan's list or my Airbnb so someone must have pointed us out to you?" she told us when we asked if she had told Airbnb that Bergstrom was living there.

"People know Carl lives there, but the public doesn’t know," one person who lives in the area told us. "They [Airbnb] won’t allow you to rent if you are registered sex offender, but what if someone is living in your house? I don’t think people are aware that people can be a registered sex offender but not disclosed."

When Business Insider contacted Airbnb with questions about what it knew about Bergstrom living in the house, and how it knows to perform background checks on other adults in a house if the host doesn't disclose them, Airbnb didn't answer our questions directly.

It did, however, tell us that as a result of our inquiry, it had banned Sharon and her Carmel Valley home from its platform.

"Hosts need to be transparent about who has access to their home (so we can check) and not doing so can lead to removal like in this case. We removed this host and this listing from our community," said Nick Shapiro, Airbnb's Global Head of Trust & Risk Management.

The lurid rape trial of the concierge doctor

Before his arrest in 2009, Bergstrom was known in the community as a wealthy "concierge" doctor in the area whose patients paid to keep him on a full-time retainer.

On the night that landed him in prison, he met up with a woman at a bar, according to trial testimony.

They drank a lot and went back to his place where she passed out, she testified. She alleges that she woke up to him assaulting her. Bergstrom maintained his innocence at trial, saying that the sex was consensual.

The woman called 911 that night and the Carmel police found her on the curb outside his house at about 3 a.m. crying hysterically.

At trial, prosecutors presented two other women who also accused him of other incidents, although neither had previously filed charges. Both women testified they thought they may have been drugged. Prosecutors also presented evidence that Bergstrom sold cocaine and Bergstrom admitted at trial that he had traded prescription drugs for cocaine.

The case delved into many lurid details about his lifestyle and sexual proclivities and captured the public's attention. A jury convicted him of the charge of felony "forcible sodomy" and sentenced him to six years in prison.

After conviction, he gave up his license to practice medicine, just as governing bodies had taken steps to revoke it, according to news reports at the time.

While in prison, he appealed his case. The appellate court overturned the verdict, finding the judge had given poor jury instructions on how to decide Bergstrom's guilt. The appellate court didn't declare that he was innocent. It authorized a new trial.

But there were reasons why a second trial would be hard to pull off, including that the victim didn't want to go through the whole ordeal again, according to news reports. Instead, the district attorney struck a plea deal with Bergstrom. He agreed to plead no contest to a lessor charge of felony sexual battery, according to news reports and court records seen by Business Insider. He was ordered to pay fines and restitution and he was released from prison for time served.

As part of the plea, Bergstrom agreed to be a registered sex offender for life. Commander Johnathan Thornburg of the Monterey County Sheriff's department confirmed to Business Insider that "he is currently registered."

But here's the catch: his plea was for an offense allowed to be excluded from the public database.

When Business Insider contacted the Monterey County District Attorney office to ask about the exclusion, the assistant district attorney we spoke to seemed surprised.

The assistant DA told us he thought Bergstrom "should be" in the database, and actually checked it himself while we were on the phone. But he's not. Not by name. Not by address.

Although this attorney had prosecuted other sexual assault cases and said he was "familiar" with Bergstrom's case, he told us he didn't work on it himself.

He told us that sometimes prosecutors strike plea deals and that he wasn't familiar enough with the sexual battery statues that covered this particular deal.

Business Insider asked Bergstrom to contact us and comment on this story through our communications with "Sharon" but he did not respond.

Registered but not revealed

All of this explains why Bergstrom's past may have gone unnoticed by Airbnb, even if people in the Carmel community alerted the company to his presence in the house.

Most states have rules that allow some convicted offenders to be excluded from the public database, says Amber Widgery, Senior Policy Specialist for the Criminal Justice Program at the National Conference of State Legislatures.

For the most part, the people excluded are considered low risk to the public. They may have been convicted of a misdemeanor, for instance.

Or they may be excluded so as not to expose the address, and/or identity of the victim. One example is an offense committed against a child by a relative who still lives with the child, like a parent, sibling, aunt/uncle or grandparent, according to the application for exclusion, California Penal Code 290.46. That circumstance only applies to offenses that didn't involve a substantial incident with the child.

Excluded by not invisible

The upshot is that there are registered sex offenders excluded from the public database for all sorts of reasons.

And this makes it harder, though not impossible, for community/sharing-economy startups such as Airbnb to detect them, even when they routinely do background checks.

In Airbnb's case, it remains unclear how the company discovers and checks on other adults living in a home besides the host if the host hasn't notified the company.

Airbnb's publicly available policies about background checks do not discuss its requirements about roommates, spouses or others who have access to the house.

Airbnb's Shapiro did say the company uses technology to watch for "signals" that may indicate something unsafe is going on but he declined say if one of those signals would alert the company to additional adults who have moved in with a host and be in need of a background check.

On the other hand, it may be comforting to know that the public sex offenders database isn't the only source for a background check, even for sexual offenses.

If a person has been convicted of a felony offense, that information can still be uncovered by doing a more thorough, formal background check that includes a search of state criminal records.

Airbnb's Shapiro tells us that for all US residents who apply to be a host and who have been disclosed to Airbnb, the company does do such "background checks looking for prior felony convictions, sex offender registrations, or significant misdemeanors. We are working with additional governments around the world to identify where we can do more background checks."

He adds, "more than 200 million guests have had safe, positive experiences on Airbnb."

In the meantime, for concerned Airbnb users, it doesn't hurt to ask your next host about the other people who will be in the home with you, just as the Airbnb host has a right to ask you about the people you'll be bringing into their home.

Join the conversation about this story »

NOW WATCH: People on Twitter can't tell if these shoes are pink or grey — here's the right answer

from All About Law http://www.businessinsider.com/how-registered-sex-offenders-may-not-be-spotted-by-airbnb-2017-11

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nancy-astorga · 7 years

Text

How a registered sex offender wound up living in an Airbnb hosting unsuspecting guests

A concerned citizen tried to alert Airbnb that a known registered sex offender was living in a house being rented out on the platform.

But this offender, although registered, was not listed in the public sex offenders database.

The situation raises questions about the safety checks Airbnb – and other companies– can do.

It also serves as a warning that the public sex offender database is an imperfect source of information.

To most people, the term “registered sex offender” makes them think of a convicted rapist who has been released from prison, whose location is now visible in a database for all.

Each US state maintains this public database on the internet, sometimes referred to as the Megan’s Law database.

But what most people don’t know is that it’s possible for someone to be a registered sex offender and not be found anywhere on it.

That means that the person won’t show up when a concerned citizen is searching for sex offenders by zip code. They also won’t show up if a search is done by the person’s name or address, and they won’t be visible when the database is used for a background check by a potential employer, experts say.

And that’s how an infamous registered sex offender in the upscale community of Carmel Valley, California, wound up living as a host in an Airbnb, regularly entertaining guests — even though Airbnb was notified about his history by at least one person who recognized him, according to documents seen by Business Insider.

Shh, don’t tell Airbnb

There were a lot of people who recognized this man. His name is Carl Bergstrom, a former wealthy “concierge” doctor in the area whose sensational and lurid 2009 rape trial in the sleepy community of Carmel, California, was closely covered by the local media.

Although the community knew his history, it was very difficult for Airbnb to know it. For one thing, he wasn’t listed as the Airbnb host.

The home was listed by the woman he lived with, “Sharon” a little over a year ago, and her host rating was high. And, like many people in Carmel, Sharon knew of Bergstrom’s background.

“Carl is not on Megan’s list or my Airbnb so someone must have pointed us out to you?” she told us when we asked if she had told Airbnb that Bergstrom was living there.

“People know Carl lives there, but the public doesn’t know,” one person who lives in the area told us. “They [Airbnb] won’t allow you to rent if you are registered sex offender, but what if someone is living in your house? I don’t think people are aware that people can be a registered sex offender but not disclosed.”

When Business Insider contacted Airbnb with questions about what it knew about Bergstrom living in the house, and how it knows to perform background checks on other adults in a house if the host doesn’t disclose them, Airbnb didn’t answer our questions directly.

It did, however, tell us that as a result of our inquiry, it had banned Sharon and her Carmel Valley home from its platform.

“Hosts need to be transparent about who has access to their home (so we can check) and not doing so can lead to removal like in this case. We removed this host and this listing from our community,” said Nick Shapiro, Airbnb’s Global Head of Trust & Risk Management.

The lurid rape trial of the concierge doctor

Before his arrest in 2009, Bergstrom was known in the community as a wealthy “concierge” doctor in the area whose patients paid to keep him on a full-time retainer.

On the night that landed him in prison, he met up with a woman at a bar, according to trial testimony.

The woman called 911 that night and the Carmel police found her on the curb outside his house at about 3 a.m. crying hysterically.

The case delved into many lurid details about his lifestyle and sexual proclivities and captured the public’s attention. A jury convicted him of the charge of felony “forcible sodomy” and sentenced him to six years in prison.

After conviction, he gave up his license to practice medicine, just as governing bodies had taken steps to revoke it, according to news reports at the time.

While in prison, he appealed his case. The appellate court overturned the verdict, finding the judge had given poor jury instructions on how to decide Bergstrom’s guilt. The appellate court didn’t declare that he was innocent. It authorized a new trial.

But there were reasons why a second trial would be hard to pull off, including that the victim didn’t want to go through the whole ordeal again, according to news reports. Instead, the district attorney struck a plea deal with Bergstrom. He agreed to plead no contest to a lessor charge of felony sexual battery, according to news reports and court records seen by Business Insider. He was ordered to pay fines and restitution and he was released from prison for time served.

As part of the plea, Bergstrom agreed to be a registered sex offender for life. Commander Johnathan Thornburg of the Monterey County Sheriff’s department confirmed to Business Insider that “he is currently registered.”

But here’s the catch: his plea was for an offense allowed to be excluded from the public database.

When Business Insider contacted the Monterey County District Attorney office to ask about the exclusion, the assistant district attorney we spoke to seemed surprised.

The assistant DA told us he thought Bergstrom “should be” in the database, and actually checked it himself while we were on the phone. But he’s not. Not by name. Not by address.

Although this attorney had prosecuted other sexual assault cases and said he was “familiar” with Bergstrom’s case, he told us he didn’t work on it himself.

He told us that sometimes prosecutors strike plea deals and that he wasn’t familiar enough with the sexual battery statues that covered this particular deal.

Business Insider asked Bergstrom to contact us and comment on this story through our communications with “Sharon” but he did not respond.

Registered but not revealed

All of this explains why Bergstrom’s past may have gone unnoticed by Airbnb, even if people in the Carmel community alerted the company to his presence in the house.

For the most part, the people excluded are considered low risk to the public. They may have been convicted of a misdemeanor, for instance.

Excluded by not invisible

The upshot is that there are registered sex offenders excluded from the public database for all sorts of reasons.

And this makes it harder, though not impossible, for community/sharing-economy startups such as Airbnb to detect them, even when they routinely do background checks.

In Airbnb’s case, it remains unclear how the company discovers and checks on other adults living in a home besides the host if the host hasn’t notified the company.

Airbnb’s publicly available policies about background checks do not discuss its requirements about roommates, spouses or others who have access to the house.

Airbnb’s Shapiro did say the company uses technology to watch for “signals” that may indicate something unsafe is going on but he declined say if one of those signals would alert the company to additional adults who have moved in with a host and be in need of a background check.

On the other hand, it may be comforting to know that the public sex offenders database isn’t the only source for a background check, even for sexual offenses.

If a person has been convicted of a felony offense, that information can still be uncovered by doing a more thorough, formal background check that includes a search of state criminal records.

Airbnb’s Shapiro tells us that for all US residents who apply to be a host and who have been disclosed to Airbnb, the company does do such “background checks looking for prior felony convictions, sex offender registrations, or significant misdemeanors. We are working with additional governments around the world to identify where we can do more background checks.”

He adds, “more than 200 million guests have had safe, positive experiences on Airbnb.”

In the meantime, for concerned Airbnb users, it doesn’t hurt to ask your next host about the other people who will be in the home with you, just as the Airbnb host has a right to ask you about the people you’ll be bringing into their home.

Join the conversation about this story »

NOW WATCH: People on Twitter can’t tell if these shoes are pink or grey — here’s the right answer

0 notes

ramialkarmi · 7 years