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	<title>Comments on: Detroit journalist convicted of crossing police tape and taking photos</title>
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	<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/</link>
	<description>It's a First Amendment Right</description>
	<lastBuildDate>Sun, 26 Jun 2011 02:03:25 +0000</lastBuildDate>
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		<title>By: Burt Vincent</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-13113</link>
		<dc:creator>Burt Vincent</dc:creator>
		<pubDate>Fri, 03 Jul 2009 13:35:30 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-13113</guid>
		<description>I have been batteling  wildlife agents in Colorado, Michigan and the U.S. Fish and Wildlife Service over charges of hunting without a license, a misdemeanor. In their efforts to convict me they have committed felonies by manufacturing evidence by altering recorded interviews. My friend and I both have electronics backgrounds and were the subjects of interrogations. When we heard the recordings we knew they had been corrupted because we were there. Although they used the two cop to one victim rule ( one lies and the other swears to it) we knew we had our own witness, the recordings. At the direction of a Colorado judge the prosecutions recordings were sent an independent crime lab. Three experts agree the recordings had been grossly altered. Audio images of the video recordings were laughably screwed up to the point they could be easily described and understood by a child. The next laughable incident was a judge who managed to cover it up and convict anyway. A second case had a more honest judge who demanded copies of the recordings from the prosecution. They didn&#039;t supply them and the case was subsequently thrown out. At this point we are out of money as we are trying to go after them in a civil suit. Hopefully we can find a degree of honesty and help in the F.B.I. I will relay the outcome to this site. good luck</description>
		<content:encoded><![CDATA[<p>I have been batteling  wildlife agents in Colorado, Michigan and the U.S. Fish and Wildlife Service over charges of hunting without a license, a misdemeanor. In their efforts to convict me they have committed felonies by manufacturing evidence by altering recorded interviews. My friend and I both have electronics backgrounds and were the subjects of interrogations. When we heard the recordings we knew they had been corrupted because we were there. Although they used the two cop to one victim rule ( one lies and the other swears to it) we knew we had our own witness, the recordings. At the direction of a Colorado judge the prosecutions recordings were sent an independent crime lab. Three experts agree the recordings had been grossly altered. Audio images of the video recordings were laughably screwed up to the point they could be easily described and understood by a child. The next laughable incident was a judge who managed to cover it up and convict anyway. A second case had a more honest judge who demanded copies of the recordings from the prosecution. They didn&#8217;t supply them and the case was subsequently thrown out. At this point we are out of money as we are trying to go after them in a civil suit. Hopefully we can find a degree of honesty and help in the F.B.I. I will relay the outcome to this site. good luck</p>
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		<title>By: Diane Bukowski</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-12143</link>
		<dc:creator>Diane Bukowski</dc:creator>
		<pubDate>Thu, 04 Jun 2009 11:49:45 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-12143</guid>
		<description>I was convicted of the two counts of &quot;assaulting, battering, wounding, resisting, obtructing or endangering&quot; police on May 1 by a jury with only two Detroiters. This has been an issue I&#039;ve covered for a while. Wayne County Circuit Court juries are not representative of the Black population in Detroit as well as Wayne County, and white suburbanites tend to believe the cops, not their lying eyes. They saw the complete Fox 2 news videotape of my arrest from beginning to end, which showed no resistance. The judge told the prosecutor to have Trooper Eric Byerly, who deleted my photos , take the Fifth because it was a crime, but nothing was done to him. The troopers who conducted the chase ending in the deaths of two men violated numerous Michigan State Police rules but were not disciplined or charged. I was the only target. Fortunately, due to mass community support, on June 1, instead of a prison term, I was sentenced to 1 year probation, a $4000 fine (questionable as to legality) and 200 hours community service. I am indeed appealing this gross violation of the First Amendment. The whole trial focused on whether I crossed a yellow tape, which I did not, but according to my appeals attorney John Royal that should not even have been an issue because the lower court judge who bound the case over said such an action did not rise to the level of violations under the cited statute. As killings, beatings, rapes and frame-ups by Detroit and state cops are on the rise, so is repression of the only real outlet that reports on them, The Michigan Citizen, and I am the reporter that covers those stories. My website is www.freedianebukowski.org, it will be shortly updated. Donations are needed for my appeal and can be sent to The Committee to Defend Diane Bukowski at 1055 Trumbull, Detroit, MI 48216. I thank Carlos Miller for establishing this excellent website and express solidarity with all other journalists and photographers who are victims of increasing repression in this post/911 era. My phone is 313-205-6718;</description>
		<content:encoded><![CDATA[<p>I was convicted of the two counts of &#8220;assaulting, battering, wounding, resisting, obtructing or endangering&#8221; police on May 1 by a jury with only two Detroiters. This has been an issue I&#8217;ve covered for a while. Wayne County Circuit Court juries are not representative of the Black population in Detroit as well as Wayne County, and white suburbanites tend to believe the cops, not their lying eyes. They saw the complete Fox 2 news videotape of my arrest from beginning to end, which showed no resistance. The judge told the prosecutor to have Trooper Eric Byerly, who deleted my photos , take the Fifth because it was a crime, but nothing was done to him. The troopers who conducted the chase ending in the deaths of two men violated numerous Michigan State Police rules but were not disciplined or charged. I was the only target. Fortunately, due to mass community support, on June 1, instead of a prison term, I was sentenced to 1 year probation, a $4000 fine (questionable as to legality) and 200 hours community service. I am indeed appealing this gross violation of the First Amendment. The whole trial focused on whether I crossed a yellow tape, which I did not, but according to my appeals attorney John Royal that should not even have been an issue because the lower court judge who bound the case over said such an action did not rise to the level of violations under the cited statute. As killings, beatings, rapes and frame-ups by Detroit and state cops are on the rise, so is repression of the only real outlet that reports on them, The Michigan Citizen, and I am the reporter that covers those stories. My website is <a href="http://www.freedianebukowski.org" rel="nofollow">http://www.freedianebukowski.org</a>, it will be shortly updated. Donations are needed for my appeal and can be sent to The Committee to Defend Diane Bukowski at 1055 Trumbull, Detroit, MI 48216. I thank Carlos Miller for establishing this excellent website and express solidarity with all other journalists and photographers who are victims of increasing repression in this post/911 era. My phone is 313-205-6718;</p>
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		<title>By: Duane Kerzic</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10876</link>
		<dc:creator>Duane Kerzic</dc:creator>
		<pubDate>Fri, 08 May 2009 02:34:07 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10876</guid>
		<description>genewitch,

I didn&#039;t say anything about Storm Troopers yet, give me a few more posts. hahaha

I agree with you about perjury. I think things are starting to change a little. Time will tell.</description>
		<content:encoded><![CDATA[<p>genewitch,</p>
<p>I didn&#8217;t say anything about Storm Troopers yet, give me a few more posts. hahaha</p>
<p>I agree with you about perjury. I think things are starting to change a little. Time will tell.</p>
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		<title>By: genewitch</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10874</link>
		<dc:creator>genewitch</dc:creator>
		<pubDate>Fri, 08 May 2009 02:25:59 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10874</guid>
		<description>Duane: you come dangerously close to Godwin&#039;s Law in that last comment :-p

I think that this site shows that there are two justice systems - one for people that serve the legislative branch; and one for plain ol&#039; unwashed masses.

That needs to stop. Protecting your co-workers is one thing, lying under oath and BSing your way through paperwork and trials is another.

There&#039;s a difference between &quot;steve is a good guy and i&#039;ve never seen him do anything that threatens the safety of the public&quot; and saying &quot;that perp was about to pull a weapon, steve acted appropriately&quot; - if in fact the &quot;perp&quot; was not pulling a weapon.

Perjury is NEVER ok. Regardless of why or for what reason. I think police understand this, they just think that while it isn&#039;t &quot;OK&quot;, it is in fact excusable. That tenet needs to change.</description>
		<content:encoded><![CDATA[<p>Duane: you come dangerously close to Godwin&#8217;s Law in that last comment :-p</p>
<p>I think that this site shows that there are two justice systems &#8211; one for people that serve the legislative branch; and one for plain ol&#8217; unwashed masses.</p>
<p>That needs to stop. Protecting your co-workers is one thing, lying under oath and BSing your way through paperwork and trials is another.</p>
<p>There&#8217;s a difference between &#8220;steve is a good guy and i&#8217;ve never seen him do anything that threatens the safety of the public&#8221; and saying &#8220;that perp was about to pull a weapon, steve acted appropriately&#8221; &#8211; if in fact the &#8220;perp&#8221; was not pulling a weapon.</p>
<p>Perjury is NEVER ok. Regardless of why or for what reason. I think police understand this, they just think that while it isn&#8217;t &#8220;OK&#8221;, it is in fact excusable. That tenet needs to change.</p>
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		<title>By: Duane Kerzic</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10817</link>
		<dc:creator>Duane Kerzic</dc:creator>
		<pubDate>Wed, 06 May 2009 18:53:46 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10817</guid>
		<description>We have a trial for a State Trooper about to start here in NJ, they are finishing off jury selection. The trooper is charged under NJ&#039;s death by auto reckless driving statue. He was driving at a high rate of speed. Ran into a mini van that had the right of way with two young people in it and killed them. He claims he was closing the gap on a car he observed speeding so he could make a determination on whether to enter pursuit or not. My understanding of the operation manual is that once they enter pursuit they have to report in what they are doing. Wouldn&#039;t a reasonable mind think that once he&#039;s turned around and &lt;em&gt;closing the gap&lt;/em&gt; he&#039;s in pursuit? Many think this is the first time a State Trooper has been charged like this.

After observing these hot dogs drive around over the years it&#039;s about time they are held accountable for their actions. Issuing a speeding ticket isn&#039;t worth two lives. I&#039;m sure this doesn&#039;t register in the troopers mind or he would have plead guilty by now. He was just doing his job chasing a speeder.</description>
		<content:encoded><![CDATA[<p>We have a trial for a State Trooper about to start here in NJ, they are finishing off jury selection. The trooper is charged under NJ&#8217;s death by auto reckless driving statue. He was driving at a high rate of speed. Ran into a mini van that had the right of way with two young people in it and killed them. He claims he was closing the gap on a car he observed speeding so he could make a determination on whether to enter pursuit or not. My understanding of the operation manual is that once they enter pursuit they have to report in what they are doing. Wouldn&#8217;t a reasonable mind think that once he&#8217;s turned around and <em>closing the gap</em> he&#8217;s in pursuit? Many think this is the first time a State Trooper has been charged like this.</p>
<p>After observing these hot dogs drive around over the years it&#8217;s about time they are held accountable for their actions. Issuing a speeding ticket isn&#8217;t worth two lives. I&#8217;m sure this doesn&#8217;t register in the troopers mind or he would have plead guilty by now. He was just doing his job chasing a speeder.</p>
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		<title>By: Mark Jackson</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10815</link>
		<dc:creator>Mark Jackson</dc:creator>
		<pubDate>Wed, 06 May 2009 16:25:09 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10815</guid>
		<description>Ariel,

It was true.  I was angry when I posted.  It is not usually in my character to do that.  I apologize to everyone for posting while angry.

The issue of corruption in my local departments hits close to home and I have filed criminal charges on officers, filed liens and all sorts of neat little caveats.  Why?

I spent years directing an inner-city christian camp.  I served my country.  I spent years volunteering at homeless shelters.  Do I say this as a badge of honor?  No.

I know how it is to think that people who propagandize &quot;protecting and serving&quot; in your community will come to your aid in distress.  The truth is, everyone is treated like a perp.

Law enforcement has become a legalized gang activity who do just enough to not be pulled from community funding.

Read the articles of the officers charged in recent news.  Isn&#039;t it funny how people who investigate crimes every day seem to forget how to investigate when other officers are involved in crimes?  Then, you watch the course of the cases...  Officer denies allegations.  Video emerges.  Officer makes excuses.  Officer is convicted of a lesser crime  Officer mentions his years of &quot;community service&quot;.  Officer gets probation.

It seems to me that when you commit a crime, as an officer, you are willing to throw away all of your years of community service.  So, I am willing to throw them away, as well.

One last thing, I was married to law enforcement  I know how they work.  They are dishonest and manipulative.  I don&#039;t deal with law enforcement without taping the event.

So, what can be done?  Learn the law.  I have been to court and had judges squirming because they were trying to manipulate the law and cover for these guys.  This is a fight we can win.  I know it.  I have seen it.</description>
		<content:encoded><![CDATA[<p>Ariel,</p>
<p>It was true.  I was angry when I posted.  It is not usually in my character to do that.  I apologize to everyone for posting while angry.</p>
<p>The issue of corruption in my local departments hits close to home and I have filed criminal charges on officers, filed liens and all sorts of neat little caveats.  Why?</p>
<p>I spent years directing an inner-city christian camp.  I served my country.  I spent years volunteering at homeless shelters.  Do I say this as a badge of honor?  No.</p>
<p>I know how it is to think that people who propagandize &#8220;protecting and serving&#8221; in your community will come to your aid in distress.  The truth is, everyone is treated like a perp.</p>
<p>Law enforcement has become a legalized gang activity who do just enough to not be pulled from community funding.</p>
<p>Read the articles of the officers charged in recent news.  Isn&#8217;t it funny how people who investigate crimes every day seem to forget how to investigate when other officers are involved in crimes?  Then, you watch the course of the cases&#8230;  Officer denies allegations.  Video emerges.  Officer makes excuses.  Officer is convicted of a lesser crime  Officer mentions his years of &#8220;community service&#8221;.  Officer gets probation.</p>
<p>It seems to me that when you commit a crime, as an officer, you are willing to throw away all of your years of community service.  So, I am willing to throw them away, as well.</p>
<p>One last thing, I was married to law enforcement  I know how they work.  They are dishonest and manipulative.  I don&#8217;t deal with law enforcement without taping the event.</p>
<p>So, what can be done?  Learn the law.  I have been to court and had judges squirming because they were trying to manipulate the law and cover for these guys.  This is a fight we can win.  I know it.  I have seen it.</p>
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		<title>By: Voice of Reason</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10784</link>
		<dc:creator>Voice of Reason</dc:creator>
		<pubDate>Wed, 06 May 2009 00:33:41 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10784</guid>
		<description>Note to LEO: You said, &lt;em&gt;The police do not target photographers for “special negative treatment”. That’s a crock. We’re photographed at nearly every crime scene by citizens with cell cameras. We could care less.&lt;/em&gt;

In one sense, though it&#039;s a very limited sense, you&#039;re correct. The key point is that the police view uncooperative photographers as being &lt;em&gt;&quot;contempt of cop&quot;&lt;/em&gt; criminals. LEOs do resent being photographed, but it&#039;s the refusal to obey orders that sets them off. It doesn&#039;t matter if the orders are legal or not.

And no, the police don&#039;t get to decide whether or not one of their own orders is legal. You are &lt;em&gt;not&lt;/em&gt; the law, LEO. You&#039;re useful to society, just as dentists and sanitation workers are useful to society. However, you answer to the Constitution, and to &lt;em&gt;me.&lt;/em&gt;

It&#039;s reached the point where, as I&#039;ve said before, the photographers on this site really ought to work in pairs. One photographer needs to document how the police interact with citizens. His or her partner needs to stand back, a &lt;em&gt;long&lt;/em&gt; way back, to document how the police interact with the first photographer.

If somebody is guilty of &lt;em&gt;&quot;contempt of cop&quot;,&lt;/em&gt; there&#039;s a distinct possibility that the police are going to knock them to the ground, rub their face in the dirt or in broken glass, etc. Possibly shoot them while they&#039;re lying there, and I&#039;m referring to normal situations, not to the Oscar Grant case.

I&#039;d always assumed that the police couldn&#039;t be stopped, that nothing could be done about it, but this site has given me genuine hope. If photographers have the courage to confront you, LEO, to document the things that you do, and so to break the Code of Silence once and for all, more power to them. If this site manages to survive and thrive, and if similar sites come along, eventually society will be able to deal with people such as yourself, people who apparently support the  Code of Silence and &lt;em&gt;&quot;contempt of cop&quot;.&lt;/em&gt;

You are not a hero, LEO. People like Serpico, who stood up to the Code of Silence, they&#039;re heroes. If you support the Code of Silence and &lt;em&gt;&quot;contempt of cop&quot;,&lt;/em&gt; you are a criminal and a thug. Your days are numbered.</description>
		<content:encoded><![CDATA[<p>Note to LEO: You said, <em>The police do not target photographers for “special negative treatment”. That’s a crock. We’re photographed at nearly every crime scene by citizens with cell cameras. We could care less.</em></p>
<p>In one sense, though it&#8217;s a very limited sense, you&#8217;re correct. The key point is that the police view uncooperative photographers as being <em>&#8220;contempt of cop&#8221;</em> criminals. LEOs do resent being photographed, but it&#8217;s the refusal to obey orders that sets them off. It doesn&#8217;t matter if the orders are legal or not.</p>
<p>And no, the police don&#8217;t get to decide whether or not one of their own orders is legal. You are <em>not</em> the law, LEO. You&#8217;re useful to society, just as dentists and sanitation workers are useful to society. However, you answer to the Constitution, and to <em>me.</em></p>
<p>It&#8217;s reached the point where, as I&#8217;ve said before, the photographers on this site really ought to work in pairs. One photographer needs to document how the police interact with citizens. His or her partner needs to stand back, a <em>long</em> way back, to document how the police interact with the first photographer.</p>
<p>If somebody is guilty of <em>&#8220;contempt of cop&#8221;,</em> there&#8217;s a distinct possibility that the police are going to knock them to the ground, rub their face in the dirt or in broken glass, etc. Possibly shoot them while they&#8217;re lying there, and I&#8217;m referring to normal situations, not to the Oscar Grant case.</p>
<p>I&#8217;d always assumed that the police couldn&#8217;t be stopped, that nothing could be done about it, but this site has given me genuine hope. If photographers have the courage to confront you, LEO, to document the things that you do, and so to break the Code of Silence once and for all, more power to them. If this site manages to survive and thrive, and if similar sites come along, eventually society will be able to deal with people such as yourself, people who apparently support the  Code of Silence and <em>&#8220;contempt of cop&#8221;.</em></p>
<p>You are not a hero, LEO. People like Serpico, who stood up to the Code of Silence, they&#8217;re heroes. If you support the Code of Silence and <em>&#8220;contempt of cop&#8221;,</em> you are a criminal and a thug. Your days are numbered.</p>
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		<title>By: Ariel</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10783</link>
		<dc:creator>Ariel</dc:creator>
		<pubDate>Wed, 06 May 2009 00:19:21 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10783</guid>
		<description>Duane, interesting on what was disallowed. She may win on appeal.

Mark, you&#039;re obviously angry and I checked your site to see why. I am curious as to what you were charged with and why.  Given there is data on how innocent people plead guilty to avoid the prosecutorial promise of worse,  I&#039;ll take what you wrote at face value.

It does seem that there is more to this story on Bukowski than just the &quot;facts&quot;.</description>
		<content:encoded><![CDATA[<p>Duane, interesting on what was disallowed. She may win on appeal.</p>
<p>Mark, you&#8217;re obviously angry and I checked your site to see why. I am curious as to what you were charged with and why.  Given there is data on how innocent people plead guilty to avoid the prosecutorial promise of worse,  I&#8217;ll take what you wrote at face value.</p>
<p>It does seem that there is more to this story on Bukowski than just the &#8220;facts&#8221;.</p>
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		<title>By: Mark Jackson</title>
		<link>http://carlosmiller.com/2009/05/04/detroit-journalist-convicted-of-crossing-police-tape-and-taking-photos/#comment-10781</link>
		<dc:creator>Mark Jackson</dc:creator>
		<pubDate>Tue, 05 May 2009 23:50:10 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=6304#comment-10781</guid>
		<description>If LEO knew his ass from a hole in the wall and wasn&#039;t busy guarding the &quot;thin blue line&quot;, he might take time to investigate the case before he comments.  Be sure to run to the rescue of any cops attempting a cover-up.

The real issue here was that the cops caused this accident.  The accounts from witnesses are very different than the officer&#039;s accounts of what happened.  I am willing to bet that if the officers were charged with manslaughter, then they would see less time than she will for what they charged her with.

Being as I am from Detroit and know how the city works, Kim Worthy likes to pull in favors for these high profile cases.  She has ambition for a better position in the pecking order and this is just the kind of case that will do that for her.

Beyond that, how could you possibly know what the facts prove?  Did you attend the trial?  Do you have special knowledge that those of us who might have followed the trial do not?

I&#039;ve got an idea.  Go back to your squad car and work on ways to trump up charges on innocent citizens and pray that they day doesn&#039;t come when you run into folks like me who know a little something about the law.  You may even find yourself with liens on your house (not to be confused with your degenerate lien system) wondering what may have gone wrong with your calculations.</description>
		<content:encoded><![CDATA[<p>If LEO knew his ass from a hole in the wall and wasn&#8217;t busy guarding the &#8220;thin blue line&#8221;, he might take time to investigate the case before he comments.  Be sure to run to the rescue of any cops attempting a cover-up.</p>
<p>The real issue here was that the cops caused this accident.  The accounts from witnesses are very different than the officer&#8217;s accounts of what happened.  I am willing to bet that if the officers were charged with manslaughter, then they would see less time than she will for what they charged her with.</p>
<p>Being as I am from Detroit and know how the city works, Kim Worthy likes to pull in favors for these high profile cases.  She has ambition for a better position in the pecking order and this is just the kind of case that will do that for her.</p>
<p>Beyond that, how could you possibly know what the facts prove?  Did you attend the trial?  Do you have special knowledge that those of us who might have followed the trial do not?</p>
<p>I&#8217;ve got an idea.  Go back to your squad car and work on ways to trump up charges on innocent citizens and pray that they day doesn&#8217;t come when you run into folks like me who know a little something about the law.  You may even find yourself with liens on your house (not to be confused with your degenerate lien system) wondering what may have gone wrong with your calculations.</p>
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