Wednesday, March 10, 2010

A Letter to Mumia Regarding Exceptional Injustice.

http://www.phillyimc.org/files/imagecache/story/files/jlbook_0.jpg 
By Linn Washington (about the author)     Page 1 of 3 page(s)
For OpEdNews: Linn Washington - Writer
Two inmates on Pennsylvania's death row raise the same issue on appeal blatant misconduct by prosecutors and police yet Pa's Supreme Court issues different rulings in these respective cases.

The Pa Supreme Court released Jay C. Smith directly from his death row cell, ruling the misconduct by prosecutors and police so "egregious" that retrying Smith for murdering a school teacher and her two children would violate fair trial protections in Pa's state Constitution.

However, in appeals from convicted Philadelphia cop killer Mumia Abu-Jamal, Pa's highest court repeatedly rejects solid evidence of wrongdoing by prosecutors and police despite that misconduct being more extensive than misconduct in Smith'scase.

Why, people wonder worldwide, does Mumia Abu-Jamal remain imprisoned when mounds of evidence unearthed since his 1982 trial undermine all aspects of the controversial conviction that sent this acclaimed journalist to death row?

The answer to this justice denying/logic defying question is simple: "The Mumia Exception."

This "Mumia Exception" is the phrase devised to describe the practice repeatedly employed by state and federal courts to strip Abu-Jamal of the same legal relief those courts extend to other inmates raising the same legal issue when challenging violations of their legal rights.
Jurists bending and/or breaking the bedrock American legal principal of equal justice under the law is the driving dynamic of "The Mumia Exception."

This "Exception" explains how Pa's Supreme Court in the Smith case castigated authorities for illegally withholding evidence crucial to the high school principal's defense while that court constantly refuses to criticize any of the misconduct that crippled Abu-Jamal's defense.

The fact that courts including the U.S. Supreme Court have consistently upheld the conviction of the world's most recognized death row denizen is a key argument advanced by persons backing Abu-Jamal's execution when countering claims of his innocence.

Execution advocates reject "The Mumia Exception" as the reason why courts uphold Abu-Jamal's conviction despite the fact that dismissing the role of the "Exception" requires embracing scenarios that defy statistics and common sense.

For example, Philadelphia and Pennsylvania appellate courts overturned 86 Philadelphia death penalty convictions between Abu-Jamal's December 1981 arrest and October 2009 after finding various errors by prosecutors, police, defense attorneys and even judges including the judge at Abu-Jamal's trial.

Yet, those same courts declare that not a single error evidentiary or procedural exists anywhere in the contentious Abu-Jamal case a statistically improbable circumstance.

Pa and federal courts have even brushed aside credible evidence that on the eve of Abu-Jamal's 1982 trial the presiding judge, Albert Sabo, declared he would help prosecutors "fry the Nigger" an odious admission oozing racial bigotry and lack of impartiality clearly violating Abu-Jamal's constitutionally guaranteed fair trial rights.

The twin pillars of this "Mumia Exception" are: courts refusing to apply their established legal rulings (precedent) to Abu-Jamal's appeals; and/or courts creating new legal standards to sabotage Abu-Jamal's appeals.
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Linn Washington Jr. is a veteran investigative journalist who writes regularly on issues involving the criminal justice system, the news media, race & racism, constitutional rights and the Mumia Abu-Jamal case. He is passionate about examining (more...)
 

THE ROOF IS ON FIRE!

March 7. And now more than ever I am homeless at home.






A Letter to Mumia Regarding Exceptional Injustice.
There is no explanation. We are three.

What kind of a world allows children to go hungry and forces people out on the street because they owe $4.50 in late fees?

Well there are no more late fees or gas prices to bitch about. There are just memories of my father's last words as I walked into the courthouse alone.



And the knowledge that he didn't lift a finger to stop the two men from removing my clothes as they put all their weight into to middle of my back, forcing my head into a plastic matress that lay on the floor.



They left bruises, abrasions and scars in places no one ever bothers to look... deep inside my heart that still aches for the injustice I have witnessed. Not only on March 7 2002, March 7, 2009, but right now as I lie hear with nothing left but broken appliances, water stained journals I kept over the years.

My body will never heal, that I can live with. But watching my neighbors, friends, collegaues, and community look the other way is much more difficult. Doctors that left the wounds untreated, records missing several pages of listing the first 72 hours before I was seen by a medical professional.



While I was kept in a room with no vathroom, food, speakers, or emergency call button to cry for help. Injected with drugs and that were mysteriously absent from any medical chart.

I spent the next 5 and a half months documenting my experience. I took 1,890 photos. I sent out 32,000 tweets.



No one called. No one came. No one cared.



My spirit is every bit as broken as my already fragile bones have been since I was twenty two.



There were my colleagues who lost the medical record that I so carefully preserved on the blank pages of a telephone book.

There was Christina who brought me clothing and the Pastor who promised to visit. I never saw either of them again. There was chamber meeting I so carefully composed myself to give my regrets to the Mayor. The same fucking Mayor who names me on his committee of educators. I haven't forgotten, and trust me, neither will you.



My name is Elyssa. Elyssa Durant

Yes, I am the daughter of the man who did this to you. Marc. "L." Marc Durant from the Eastern District of Pennsylvania. There was  Abscam, COINTELPRO, John and Ramona, you and I.

The thee was Five Squad, and now there is Madoff and lots and lots of money.



But he is my fatherm and I can't say it was all a complete loss.  After all, I learned that I am every bit as strong as the gang of dirty cops who beat down the voice of resitance in so ny ways.  I too am beaten.  I am tired, I am sick, and I am lonely.

en down. I am ready to give up. I don't have much to live for. Very few people would miss me or notice I ws gone. I am well aware that I take more from more from society, financially and fom the limited pool of social services and welfare benefits that our sick materialistic society uses to keeo us enslaved fo eterrnity.

But I do have one thing. I have a voice, and I have passsion, And i have love. Lots and lots of love give, though you willnever know see me giving it to those who need t most.

Maybe I can find a way out this miserable country except to give back to those who have been marginalized like you and I.

I too was beaten, silenced, and forced to retreat into a rison that is really just a social construct of the post modern world. 

There are invisible jailers made of "respectable members of society."

Sure, I loook the pat, but I won't play it for very long.  I simply can't stomach the intoleance and hypocricy.  Not quite the same as the way you wee beaten and jailed  in West Philadelphia, but I did feel a certain connection to your experience wheen I read your first book in Union Square. 

God, I woild give anything to be in that bookstoe right now. To lose myself in the wonders of the unknown and fill my mind with thoughts and ideas other than the ones running through my head.  Yes, I do relate to your experience,and I am sorry for my father and his colleagues have done. 



To you, Mumia, and the 13 innocents that died in that fiery inferno that can bes be described as hell on earth.  The Philadelphia Fire of May 13, 1985.

Sometimes I think they were the lucky ones.

I am now thirty seven years old but not a day goes by that I feel I am any more in control of my life than I was when I first learned who "you people" were. 

I was just a child, 7 or 8, but I knew the target, and I was told, you "Shoot to Kill." 

Sometimes I wish I had.  Maybe Myself.  I even know the exact place my father planned to bury me should I speak the very words I have spoken these last 72 hours... not on suicide watch, but definitely on guard. 

I didn't because he was so focused on bringing down John Africayou down at any cost... wwell, eally see him much, nor did I know what he was capable of until these last months when I realize that the fear and pain I knew as a child evolved into a self-sustaining emotional and physical state of uncertainty and futility. Learned helplessness. Real helplessness.

I live in a state of uncertainty futility and regret.  We are not a free people. I do not claim to be a victim, however if I tell were to believe that repeaing the same actions that I have for the last 15 and a half years and expect some positive outcome, than I truly would be insane. 

So to have hope or act with deterrmination and purpose than I would be be sadly mistaken.  Actually if  were to believe that my actions ha some consequence than I could feel something... anything other than completely vulnerable the predators that have made my father the success that he is. 

So, I have nothing.  And I don't want anything I haven't earned.  I learned ealy in life that anything that is given to you can be take away. Including love. 

I don't want it. But as I feel the tears swell in my eyes, I so desperately want to believe I am worthy of being loved. An I wish someone had told me that as a child, a teen, an a younf adult or even right now.  Because I am locked into the prison where the things I love most are always the first thing to be compromised when ... if.. yes... iI did! I told the truth, and I pay for it everyfucking day of my life, becase no one want to know such evil exits.

I don't want be the one to tell them, but they are at risk. Anything I cae about is at risk.  But it ddoesn't matter.   People don't like me much anyway. So fuck you all, maybe some day I will leave my house and come to one those shallow FaceBook invites and see how you would react. 

Yeah, maybe I will.  And stay as long as I like without a single apology.

You know who you are. The people who showered me with paise and promises until you realized how bad off I really was.  And promises were never honored, and yes... I do rememberm and there times like right now  when I want tell the world how shallow and incensere eah and every one of you are. 

Everyone leaves. I would too if I could. Without apology. Probably not tommrow either, because There Are No Children Here. There never were.



"The Crazy One"

Post Script: March 10, 2010

Elyssa D' Educrat has shared items with you through Google Reader

Hi, I thought you might be interested in viewing the items that I've shared through Google Reader.



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broadband_report.pdf (1038 KB)

Elyssa Durant, Ed.M.
Nashville, Tennessee
(615) 424-8810


"You may not care how much I know, but you don't know how much I care."

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Former guard sentenced in deadly bar shooting | Nashville City Paper: Nashville's Online Source for Daily News

Former guard sentenced in deadly bar shooting

Friday, March 5, 2010 at 5:30pm
Staff reports
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A judge ordered the former Nippers Corner security guard who shot a Marathon Sports bar patron two years ago to begin serving a six-year sentence today.

Davidson County Criminal Court Judge Randall Wyatt Jr. sentenced Jeremy Holmes to a six-year sentence with a status review after two years, when Holmes could get probation for the remainder of his sentence. After defense attorneys argued for six years of probation, Wyatt determined Holmes should serve at least two years for the offense.

Holmes was indicted on a second-degree murder charge in September 2008 for the shooting death of Adam Villegas in a Nippers Corner parking lot on May 16, 2008.

An August 2009 trial ended in a hung jury, and in January, Holmes accepted a six-year sentence for pleading guilty to voluntary manslaughter.

Holmes contended that Villegas got into his car after a night of drinking and started to pull away as Holmes tried to record his license plate number. Holmes said he then drew his gun and ordered Villegas out of the car.

When Villegas didn%u2019t cooperate, Holmes fired one shot into Villegas%u2019 car hitting him in the neck. Villegas died at the scene.

According to police, Holmes said he felt at risk of being hit by the car.

 

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GUNS IN BARS...

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The Wealthiest Towns in America: Belle Meade, Tenn. - BusinessWeek

Belle Meade, Tenn.

Belle Meade, Tenn.

Overall rank: 12
Households: 1,027
Average income: $333,923
Average net worth: $1,578,235
Change in income since 2000: 18%
Income rank: 4
Net worth rank: 39

The affluent Nashville suburb is home to former Vice-President Al Gore. Republican U.S. Senator Bob Corker paid $1.5 million for a Belle Meade mansion last year.

read the story'); document.write('post a comment'); document.write(''); } // ]]>

Just a few miles away fromthe homeless shelter for children, and the Nashville Rescue Mission that can barely feed the growing number of homeless children and families in Nashville, Tennessee.

#enoughsaid

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MEDIA ALERT: Posttraumatic Stress Disorder (PTSD) Resources Available For Consumers And Professionals | Market Wire | Find Articles at BNET

MEDIA ALERT: Posttraumatic Stress Disorder (PTSD) Resources Available For Consumers And Professionals

Market Wire, 20050229

Through its resource center, toll-free 1-877-507-PTSD, and website www.PTSDAlliance.org, the PTSD Alliance offers free educational booklets, videos and other trauma-related resources for those at risk of developing PTSD, PTSD sufferers and their loved ones, frontline professionals who work with PTSD patients and trauma survivors, and the media. Launched in March 2000, the PTSD Alliance is the first national coalition dedicated to increasing awareness and promoting a better understanding of this common, serious and treatable health condition.

PTSD Alliance member organizations represent a spectrum of issues related to PTSD including trauma-related stress, anxiety disorders and women's healthcare: - Anxiety Disorders Association of America (ADAA) (advisor: Jerilyn Ross, ADAA President and CEO) - International Society for Traumatic Stress Studies (ISTSS) (advisors: Edna Foa, University of Pennsylvania; and Rachel Yehuda, Bronx VA Medical Center and Mt Sinai, NY) - Sidran Traumatic Stress Foundation (advisors: Esther Giller, executive director and Elizabeth Vermilyea, training director) - American College of Obstetricians and Gynecologists (ACOG) (advisor: Deborah Horan) PTSD Alliance offerings include: - www.PTSDAlliance.org, providing general background on PTSD, trauma-related causes, signs and symptoms, myths, diagnosis and treatment; links to the member organizations, which offer additional education and training resources, and information on local support groups and referral services. - Patient Education Booklet and Video, addressing the myths about PTSD that keep many people from recognizing the problem and obtaining help. The booklet reviews causes, risk factors and symptom "clusters" for PTSD, and provides information on treatment options and how family and friends can provide support and help in the recovery process. - Guide For Frontline Professionals, offering an overview of PTSD including practical assessment, diagnosis, treatment and support strategies, and information on vicarious traumatization and self- care. The guide is appropriate for all frontline professionals including medical, healthcare and mental health practitioners; firefighters, law enforcement and emergency service personnel; social workers and clergy; and rape, domestic violence and substance abuse counselors.

Often associated with war veterans, PTSD is a complex disorder that can affect anyone who has experienced extreme trauma; been victimized or has witnessed a violent act; or has been repeatedly exposed to life-threatening situations. This includes survivors of rape or sexual assault, domestic abuse, childhood trauma, physical attacks, car accidents, school or workplace violence, natural disasters, or other unexpected, catastrophic, or psychologically distressing events, such as the September 11 terrorist attacks. Extreme trauma that can lead to the development of PTSD causes a person to feel intense fear, horror, or a sense of helplessness.

PTSD can be diagnosed if symptoms from the three classic "clusters" - reliving the event, avoiding reminders of the event, and being constantly on-guard for danger - last for one month or longer, and if they cause severe problems or distress at home or at work, or in general impair daily life.

Although PTSD symptoms usually appear within several weeks of the trauma, some people don't experience symptoms until months, even years, later. Once properly diagnosed, PTSD is treatable with psychotherapy, medication or a combination of both. However, PTSD sufferers often do not seek professional help because they don't associate their symptoms with a past traumatic experience, they try to avoid dealing with anything related to the traumatic event, or they feel helpless as to where to go for help.

The PTSD Alliance is supported by an unrestricted educational grant from Pfizer Inc.

PTSD Resource Centers: 877-507-PTSD and www.PTSDAlliance.org.


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First they Came for the Jews...

First they came for the Communists, and I didn't speak up, because I wasn't a Communist.

Then they came for the Jews, and I didn't speak up, because I wasn't a Jew.

Then they came for the Catholics, and I didn;t speak up, because I was a Protestant.

Then they came for me, and by that time there was no one left to speak up for me.

Rev. Martin Niemoller, 1945

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Metro Nashville Council looks to silence Twitter at meetings

By Michael Cass,The Tennessean

Jon Cooper said council members should refrain from using Twitter during meetings to discuss bills under debate or other members' comments. Doing so could violate the state Open Meetings Act, which prohibits deliberations by public officials out of public view and often is interpreted broadly by courts, Cooper said.

"If you tweet during a council meeting about what's going on, that could be problematic," he said, using the newly created verb for posting a comment or information on the service, which limits each post to 140 characters.

Cooper said he sees no problem, however, with council members giving "play-by-play" of votes after they're over.

Only a few council members use Twitter during meetings, but two of them said the decision was misguided. After Erik Cole mentioned the issue on his "district7" Twitter feed Tuesday and announced, "no more tues night tweets," fellow councilman Jamie Hollin replied, "Don't quit now @district7. I think that's a bit overbroad."

Cole later wrote back, "Agreed. Overbroad ... or overboard?"

Decision draws criticism

In a telephone interview, Hollin said he disagreed with the decision and had told Cooper so.

"Using Twitter as a tool to communicate principally with your constituents, I don't think that's a violation of the Open Meetings Act," said Hollin, an attorney. "I don't think you can blame a member, with the tools at their disposal, for getting all the information out there that they can."

Freddie O'Connell, an Internet entrepreneur and Metro Transit Authority member who often uses Twitter to keep tabs on council meetings, said the decision seemed odd. He noted that council members routinely talk privately to each other and even to citizens during the course of meetings. "It's curious that something that distributes information about what's happening could be construed as a violation of openness," he said. "What's the difference between that and somebody coming off the floor and talking to a citizen?"

Guidance for state legislators has been less direct. Connie Ridley, director of the Office of Legislative Administration, said lawmakers are aware of the Open Meetings Act, and "we assume they are acting accordingly."

The state attorney general's office hasn't issued any opinions on Twitter use by elected officials, spokeswoman Sharon Curtis-Flair said.

Florida's attorney general, Bill McCollum, wrote an opinion last year that said members of city boards and commissions shouldn't discuss issues that could come before them for action on city Facebook pages. McCollum's office told the Naples Daily News that the same tests for determining what is a public record would apply to Twitter or any other medium.

so much for the open meeting rule... i can''t watch metro council meeting because public access television requires a cable subscription.

i used to watch metro channel 3, but i can no longer aford cable or interrnet so the only form of communications I have is cell phone that i connects me to the world.

The TwiterVerse.

but the one thing i can do without tv, transportation or internet is get a live feed and send out an an sos if need be on the twitter.

so much for open government. i object.

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Charges dismissed against reformed-mob-boss-turned-minister

A self-proclaimed reformed mob boss--later arrested on bad check accusations in East Tennessee on his way to a ministry event--has had the charges against him dropped, after he paid court costs.

Michael Franzese was arrested back in January by the Airport Authority at McGhee Tyson Airport. Franzese's ministry focuses on leaving the Colombo crime family after becoming a born-again Christian.

At the time of his arrest, he was on his way be the keynote speaker at a Sevier Heights Baptist Church men's conference, called "The Good, The Bad, and The Forgiven." That shares the name of his book.

But an outstanding warrant from Williamson County--accusing him of passing worthless checks--resulted in his arrest.

Now, that matter has been resolved.

In a release from Franzese's publicist, the episode is characterized as a dispute between Franzese and a former manager over a small amount of money. In that release, Franzese says he did nothing wrong, he did not pass bad checks, and he didn't take any merchandise.

The two charges against Franzese were dismissed after he paid court costs.

In a statement, Franzese said he bore no ill will toward his former manager and said, "God's purpose is never served when disagreements among his people are brought to the courts for resolution."

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Judge Holds Merck Liable - Wall Street Journal

BY BILL LINDSAY

SYDNEY—An Australian court Friday held Merck & Co. liable in the heart attack of a patient using the painkiller Vioxx, but it rejected allegations that the U.S. drug maker was negligent in keeping on the market a drug it later withdrew.

In Melbourne's Federal Court, Justice Christopher Jessup said Graeme Peterson is entitled to compensation after Merck's local distribution arm failed to adequately warn his doctor of potential cardiovascular risks from the drug's use, despite knowing of them as early as March 2000.

The court found that the drug was "not reasonably fit" for relieving arthritis pain and "not of ...

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Who needs political consultants when journalists can do the dirty work for free?

Who needs political consultants when journalists can do the dirty work for free?

Jay Voorhees parries columnist Gail Kerr's recent swipe at Metro's services to the poor as well as her play of the race card when class was the suit laid:

It’s the last sentence that really bothered me, the one about the hospital being “money losing” and implying that the only support for the institution in by the Black Caucus. Yes, the hospital is running at a deficit this year, but it is a deficit that Rich Riebeling approved. The hospital has worked hard during the past four years to become as efficient as possible. When they mayor demanded a 10% cut in the hospital subsidy last year, the hospital informed the mayor’s office that they could not meet that target without cutting services, such as the outpatient cancer chemo clinic, which is the last line of treatment for the poor who have cancer. The mayor’s office did not want to be accused of harming poor people, so the hospital was told to leave the $1.5 million dollar deficit in the budget, and that they would deal with the shortfall later in the year through other means. This year, the hospital is in better financial shape than it’s been in for many years, however their budgeting was on the money and they are still projected to have a $1.5 million deficit, mainly because we as a city would not adequately fund the health care needs of the poor. The big problem facing the hospital, a problem that you have never addressed, is the $10 million dollars in TennCare cuts facing Metro General and the $25 million in TennCare reserves due to the hospital that are not being shared by the governor. Yeah, Metro General has huge problems ahead, but they aren’t of their own making.

As for the support for Metro General, I think the 70 plus pastors, imams, and rabbis from throughout Nashville who signed a letter of support for the hospital would be surprised to learn that the black caucus was the only supporting agency. I think the 200 folks who gathered on the steps of the Metro Courthouse would likewise be surprised, as would the members of SEIU who have a personal interest in the well being of the hospital.

Gail, Gail, Gail… it’s hard to understand why you seem to want to come after the hospital. Could it be that poor folks don’t buy your paper? Or maybe there are folks in the administration that have an ax to grind with certain community leaders who have pushed hard against the administrations ambivalence toward the need for a city supported (not run) safety net hospital, and have sold you a bill of goods.

The timing of Ms. Kerr's comment relative to upcoming budget discussions is suspicious given that a couple of months ago she bayed about former Parks Director Roy Wilson while the Mayor's Office started turning the screws leading to Mr. Wilson's December 31 exit. One wonders what Rich Riebeling has in store for this North Nashville Metro health service.

posted by S-townMike @ 6:37 AM   0 comments links to this post

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A west Tennessee journalist disgusted by bizpig journalism calls out the Tennessean

A west Tennessee journalist disgusted by bizpig journalism calls out the Tennessean

Newscoma considers journalism's gilded age of greed, comparing Memphis and Nashville:

Here is what eats at my soul this week about the [Memphis] Commercial Appeal. The [Memphis] Flyer believes they aren’t losing as much money as you might think:

Apparently not everybody at The Commercial Appeal has been forced to cinch up their belts. Last March, after the newspaper’s largest round of layoffs, CA publisher Joe Pepe purchased a second home on Excitement Drive in Celebration, Florida. Documents (available here) show that Pepe made a down payment of $100,000, and took out a $279,500 mortgage through Countrywide Bank. The three bedroom, 2.5 bath home was built in 2005 and originally listed for $424,900. It’s Pepe’s second Florida property. He purchased an undeveloped parcel of land in Osceola County in 2005 for $305,000.

And this is where we are going in this post. Bruce Vanwyngarden is showing you about how news has become entertainment. News isn’t supposed to be bright and shiny all the time. Sometimes it just plum sucks, but if you have anchors that have moved into celebrity categories taking on the roll of messenger, then we are getting into some tricky ground ....

And as for the Tennessean, what can one say about this story [involving $15,000 in political donations to lobbyists] ....

What would Edward R. Murrow say? I think he’d be pretty damned ticked off right now that the news he loved, and fought for,which has been compromised by greed, corporate indulgence and the pursuit of the all-mighty dollar over substance. And good for the Flyer and other media outlets for calling BS.

Newspapers, and news as a whole, are supposed to stand up for the average citizen, not be part of the problem. They at least used to supply some solutions.

posted by S-townMike @ 1:03 PM   1 comments links to this post

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Metro Council passes convention center plan; general fund on the hook

Metro Council passes convention center plan; general fund on the hook

A metaphor for the council's approval of the most expensive capital project in Nashville's history, backed up with a pledge in a pinch of general funds that currently pay for Metro services you use everyday:

posted by S-townMike @ 10:30 PM   0 comments links to this post

fuckheads!

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Earnings Report: HealthSpring soars from Medicare premiums

HealthSpring Inc.

(Nasdaq: HS)

How they did: HealthSpring Inc.’s earnings rose 33 percent in the fourth quarter compared to the same period a year ago, exceeding analysts’ expectations. The company saw a boost in its revenue from Medicare premiums, which increased 25.5 percent from last year to $663 million.

Why it matters: Membership in HealthSpring’s Medicare Advantage program grew 16.8 percent, to more than 189,000 members. Membership in the Tennessee program grew 16.7 percent, to 58,252 members.

What they said: “We are pleased with our operating results in 2009. Outperformance in most of our health plans and in our stand-alone prescription drug plan, coupled with continuing SG&A operating leverage, allowed us to close the year on a high note,” HealthSpring CEO Herb Fritch said. “Moving to 2010, our Medicare Advantage membership has increased despite the fact that we reduced benefits across many of our markets in response to Medicare rate cuts.”

What’s next: HealthSpring expects its earnings per diluted share for 2010 to be in the range of $2.25 to $2.50, on total revenue between $2.85 billion and $2.95 billion.

4th quarter 2009 earnings: $38.8 million, or 68 cents per diluted share

4th quarter 2008 earnings: $28.3 million, or 51 cents per diluted share

Change: 33.3 percent increase

4th quarter 2009 revenue: $667.6 million
4th quarter 2008 revenue: $540.8 million
Change: 23.4 percent increase

Market reaction: +74 cents, at $17.88 as of 9:08 a.m. Thursday. The 52-week range for the stock is $17.47 to $18.48.

About the company: HealthSpring owns and operates Medicare Advantage plans in Alabama, Florida, Illinois, Mississippi, Tennessee and Texas.

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CHS wrongly wiggled out of contract, Managed Care Solutions says in lawsuit

A Florida-based collections agency is suing Community Health Systems Inc. for breach of contract, claiming the hospital giant used the alleged arrest of a third-party employee as an excuse to fire the company.

Managed Care Solutions Inc. of Hollywood, Fla., says that in 2003 it signed a three-year, exclusive agreement with Brentwood-based CHS to manage and collect payments for all of CHS’ hospitals — 111 at that time.

Managed Care Solutions collects money from patients whose accounts have an outstanding balance, usually when an insurance company refuses to reimburse a hospital for part or all of a bill. The company takes a cut of the amount it collects, 22 percent in CHS’ case.

But in a lawsuit filed Thursday in U.S. District Court in Florida, Managed Care Solutions claims CHS never provided the company with the necessary paperwork for 109 of the 111 hospitals. In the meantime, Managed Care Solutions says it spent more than $1.2 million implementing collections software in order to serve CHS’s account.

Managed Care Solutions says in the suit that CHS was “attempting to find whatever way possible” to terminate its agreement with the company. As proof, Managed Care Solutions points to a 2004 email sent by the chief financial officer at CHS’ Pennsylvania hospital to corporate headquarters stating that “we should find a way to terminate this contract and cease business relationships with MCS.”

CHS did just that in February 2005 after learning that a Managed Care Solutions employee named Nichole Scott had been arrested for identity theft. In a letter to Managed Care Solutions included in court filings, CHS Senior Group Counsel Jennifer Peters said police said Nichole Scott used patients’ confidential information at a New Jersey hospital to obtain credit cards and make purchases.

“The actions of Nichole Scott constitute MCS’ material breach of the above-referenced agreement, which cannot be cured. The hospital and its patients have been irreparably harmed,” Peters wrote.

Managed Care Solutions counters that Scott was never employed its company and actually worked for a third-party staffing firm called Kforce Inc., which Managed Care Solutions contracted to perform claim services on CHS’ behalf.

Furthermore, Managed Care Solutions says it has no proof that Scott was ever arrested, much less that she stole patients’ information. The company also says that there was no reason that Scott should have had access to that type of information, unless CHS provided it.

Managed Care Solutions says it’s unsure whether such access was “out of the scope of her role or rather if this was the result of a constructive effort by CHS or of CHS personnel gross negligence under HIPPA guidelines and regulations.”

Tomi Galin, vice president of corporate communications for CHS, said the company had not received a copy of the lawsuit and could not comment. A call to Managed Care Solutions’ attorney has not yet been returned.

Managed Care Solutions is asking the court to order CHS to hand over information related to each and every account that should have been directed to the company under its three-year contract, as well as award attorneys’ fees and any other relief the court deems appropriate.

CHS ranks No. 1 on Nashville Business Journal’s list of largest public companies in Middle Tennessee with revenue of $10.8 billion in 2008.

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Survey: 40 percent in U.S. have no broadband