Ok—brace yourselves…for Crazy Sh*t that Lawyers See (and deal with)…
Pumped for Murder? He tried his best, but Jack Carroll, the lawyer defending Stiletto murderer Ana Trujillo, was left asking the jury what he missed—after they sentenced his client to life in prison for murdering her boyfriend. A compelling defense, perhaps?
Trujillo has been found guilty of murdering her steady, Dr. Stefan Andersson of Sweden, a University of Houston medical researcher. In fact, she was accused of bludgeoning the 59-year-old doc to death by repeatedly hitting him (25 times I think the count is) in the face, head and arms with the heel of her shoe. For those inquiring minds—it was a blue suede closed-toe pump, size 9 with a 5.5 inch heel. Sexy! But possibly a good argument for ballet flats.
Carroll, apparently surprised by the verdict, told the jury today, “I thought I had convinced you all. I knew I failed in my duty, I missed something there. You took less than two hours. I missed something, what did I miss?” Oh dear. It’s a bit late for that.
The jury took less than two hours to reach a verdict, but over five to decide the sentencing. I’m guessing the acting job wasn’t convincing—Carroll put Trujillo on the stand where she testified for six hours, telling the jury that in 2012, Andersson violently attacked her in a rage, after the pair had been out on the town—read drinking in bar. Trujillo not only told the jury what happened, but acted it out with Carroll standing in as Andersson. “He was suffocating me. I cannot breath,” Trujillo said. “Desperately, I reached over and grabbed my left shoe.” As one does.
Here’s the kicker—pardon the pun—Trujillo told the jury that Andersson liked to see her wear high heels, and would occasionally ask her to walk on him in her heels or dance for him while wearing them. Ironic.
When asked by her attorney why she didn’t leave Andersson, Trujillo said, “Because I loved him and wanted him to get better.” Ok, I may not be a doctor but I’d say murder is contraindicated here.
The prosecution clearly wasn’t convinced—during her closing arguments prosecutor Sarah Mickelson told the court, “She’s not just crazy, she is scary crazy.”
So—off to jail she goes. The sentence carries a mandatory sentence of 30 years, so Trujillo will be 75 before she is eligible for parole. Definitely a good argument for ballet flats.
Gold Garbage? Nicholas Valvo, a 30-year old former city sanitation worker from Staten Island who was fired after complaining about his co-workers, may be in deeper sh*t than originally thought. He has filed a lawsuit claiming he was sexually harassed and hazed by his co-workers at a Brooklyn garage, because he asked for steady daytime hours. The reason for the request—hardship—he was the primary caregiver in the evening for his grandmother. Ain’t that sweet.
But wait—it isn’t that straight forward—(you knew that). Valvo may have been moonlighting. He and a “colleague”, co-defendant Patrick Deane of Prince’s Bay, are facing criminal charges in state Supreme Court, St. George, for allegedly stiffing their relatives for $340,000 in a dodgy gold refining deal. Prosecutors allege the two pocketed their partners’ cash. They’ve been indicted on felony counts of grand larceny and scheme to defraud, said prosecutors.
Mario F. Gallucci, Valvo’s criminal-defense lawyer, said “I think that the guy they invested in scammed them all and took their money.” According to Gallucci, everyone lost money in the deal, including Valvo and Dean (sounds like that figure skating team from the 80s, doesn’t it?). Hey—you gotta believe in something.
The deal was that Valvo and Dean offered to buy gold cheaply, in Africa(?), for three of their relatives and acquaintances. They would then bring it back stateside where they would refine and sell it, according to District Attorney Daniel Donovan’s office. Then presumably, the two would make a fortune and quit their day jobs… and everyone lives happily ever after. Or not.
“My position is that it was an honest business venture that didn’t materialize the way everyone thought it would,” Gallucci said, maintaining that Valvo and Deane were also victimized.
But there’s still a lottery ticket of sorts, to play out—the employment lawsuit—where Valvo’s civil lawyer, Frank R. Schirripa, of Manhattan, is keeping quiet. The lawsuit is pending against the Sanitation department.
Crazy?—you decide…The mother of 16-year old boy who allegedly posted some pretty nasty stuff about his teacher on social media (where else), is suing the school district after he was suspended. The kid actually made a death threat. No word from his lawyer on this one.
Apparently, Braeden Burge called his health teacher a “bitch” writing she “needs to be shot” on his Facebook page. That’s rational. This after he got a C which got him grounded. “I just noticed that every time I’ve been grounded in middle school it’s because of Mrs. Bouck… I wish she would just get fired haha but I doubt that’ll ever happen,” the teen added.
So, here comes Mom to the rescue. Nope, not kidding. His mother, with the help of the ACLU Foundation of Oregon, filed their lawsuit against Colton School District 53 alleging First and Fourteenth Amendment violations.
Mother, Kelly Burge, claims the district had no right to suspend her son for comments he made “from the privacy of his own home, outside of school hours, and while not participating in a school-sponsored activity.” What, including death threats?
Yes, according to the lawsuit, “The district has overreached by suspending Braeden for off-campus speech with no evidence that his speech actually caused or was reasonably likely to cause a material and substantial disruption of on-campus educational activities.” “[Principal Kara Powell] did not ask Braeden if he had access to guns or any experience with guns, she did not speak with the other students who posted comments on Braeden’s Facebook wall in response to his comments about Bouck.”
Seriously.
Funny thing happened on the way to the fountain of youth: the road was littered with lotions and potions, Botox and fillers, false claims and false tits—and, of course, facelifts. Even vaginal rejuvenation. Everything a gal could want for trying to hold onto what nature will ultimately take away—regardless of whether a false veneer of youth is gotten and paid for, or not. But left in dust behind every woman of the desperately-clutching-to-twenty-nine set was someone who did not have such readily available magic…such opportunity: the common, and aging, man (well, Bruce Jenner and David Hasselhoff plastic surgery rumors aside.)
Ah, but the conundrum was worse than imagined. Never mind that men may have felt excluded from the pulled face and tummy tucked echelons of society. Another quandary was rearing its ugly head, tucked away in the offices, cubes and conference rooms of Big Pharma: the very product that could tout itself as the male fountain of youth had only limited reach.
The product? Testosterone.
Ok, there’s little doubt that the current debate over low-testosterone has given rise to the broader issue of need vs. want. Medical necessity vs. vanity.
Is this something I truly need, or am I just being sold a bill of goods…nothing more than a well-marketed lie?
The pharmaceutical industry (aka Big Pharma) takes up a huge footprint in American commerce. Pharmaceuticals have helped us live longer, free of disease. Ongoing research—and the treatments that follow—has succeeded in elevating our lives and collective life expectancy well beyond the point at which our forefathers checked out for good.
But where will all this end? And will Big Pharma remain unsatisfied until they have a pill for every small, niggling thing that emerges as the natural process of aging?
Need to get up several times at night to go to the bathroom? There’s a pill for that. Wrinkles? There’s Botox for that. A middle-aged man with flagging energy? There’s a testosterone topical gel for that…
It seems—at least through the lens of the pharma co’s—the fountain of youth can, and should, be found at your friendly, neighborhood drug store.
On the testosterone front, there is fierce debate. And with good reason. Testosterone supplementation, originally approved for conditions such as hypogonadism (undescended testes) and extremely low levels of testosterone (or no testosterone at all), is and has been for decades a legitimate treatment for men suffering from low testosterone.
Like any and every drug on the market, there are testosterone side effects. Testosterone can spur the production of red blood cells, and in some cases a level of testosterone that is too high can lead to cardiovascular issues such as testosterone stroke or testosterone heart attack. But drugs, medical devices and treatments are approved by the US Food and Drug Administration (FDA) based on the mantra that so long as a drug’s benefits outweigh the potential risks for the intended constituency of patients, then the drug is appropriate for the market.
Manufacturers are always lauding their drugs as ‘safe and effective.’ But the FDA talks only in terms of ratios involving benefit v. risk. The risk of side effects is an unspoken given.
Thus, testosterone. For patients with hypogonadism or otherwise extremely low levels of testosterone, the benefits of supplementation to elevate quality of life can be profound, and well worth the risks.
Testosterone supplementation does have its place. But should it be used to treat the natural symptoms of simply getting older?
Most people not associated with pharmaceutical companies that stand to make huge profits through the identification of new markets, would probably agree that it should not. But that doesn’t stop an already-wealthy industry from the need and greed to be richer still, by way of a limitless quest for new markets in order to flog products well beyond the uses for which they were approved in the first place.
You don’t have to stretch too far to imagine that some marketing whizzes in a Big Pharma back room—their own testosterone racing—sniffed around for new testosterone markets and came upon a Venn diagram showing the sweet spot where age-induced Low-T intersects with an ever-growing baby boomer population. The solution! There it was! The Low-T Low Hanging Fruit! Yes, indeed there was a broader market to be tapped that could deliver broader market saturation: the aging boomer whose energy is flagging, breasts are sagging (probably caused by another drug), overweight, a bit lethargic, and not quite as prolific in the bedroom as they used to be. Tough to get to the arena for that late-night pickup hockey game, when you’re falling asleep after dinner…The storyboards were already starting to fly off the pads of the wannabe Art Directors!
But what’s even better than identifying that hypothetical sweet spot in a marketing plan? Finding the reality that…men actually CARE about this stuff now. Suddenly they’re not satisfied with slowing down at middle age. Self-improvement suddenly matters, and the pursuit of the Fountain of Youth is no longer reserved for women.
That’s right. Let’s tell the men we have their back, with products that can boost their energy, help them lose weight, help them think more clearly, and return them to hero status in the bedroom.
Next thing you know ‘Low-T’ (as marketing catchphrase) was born. And now Low-T has become ‘A Thing’.
A testosterone lawsuit recently filed by a plaintiff who succumbed to flashy marketing and at 61 was hospitalized with blood clots, zeroes in on the origins of the Low-T phenomenon, insights gleaned from a revealing expose appearing in The New York Times last fall.
‘Selling That New Man Feeling’ (New York Times, 11/23/13) paints a vivid picture of just how we got here—and how plaintiff Roger Gibby found himself in the hospital with blood clots in his legs and lungs.
“None of the testosterone products have indications for weight loss, increasing energy or improving mood,” said Andrea Fischer, a spokeswoman for the FDA, in comments published in The New York Times. In other words, testosterone products were never intended for anything other than hypogonadism and extremely low levels of testosterone that required medical intervention.
And yet this incredible market has risen like a Phoenix—with annual sales in the billions of dollars—built on a foundation of male vanity, intensive advertising, dubious need and a $40,000 questionnaire jotted down within 20 minutes on toilet paper during a bathroom break.
Say what?
Dr. John E. Morley, director of endocrinology and geriatrics at St. Louis University School of Medicine who has previous ties to the pharmaceutical industry through paid speaking engagements, was asked by Organon BioSciences, a Dutch pharmaceutical company, to come up with a screening questionnaire that highlighted symptoms common to older men with low testosterone. He was told to keep it short and make it somewhat sexy.
In exchange for 20 minutes in the bathroom, Morley’s employer received a $40,000 research grant. And those 20 minutes in the bathroom has gone on to become an online staple now known as the ‘Is It Low-T Quiz.’
Dr. Morley admitted to The New York Times that it wasn’t his best work. ‘I have no trouble calling it a crappy questionnaire,” Morley told The Times. “It is not ideal.”
That quiz is now utilized by many of the biggest manufacturers of testosterone supplements. The idea is to attempt a self-diagnosis of ‘Low-T’ online, then bring that to your doctor to lobby for testosterone supplementation. And many doctors have bought into the idea of testosterone as a viable method for restoring sagging energy levels.
That’s not what testosterone supplements were approved for. But then, doctors have the legal, moral and ethical authority to circumvent FDA approval parameters and prescribe products for use off-label.
Here’s the question: have doctors bought into the hype, in the same fashion as their sagging, flagging male patients searching for that fountain of youth?
There is little doubt that manufacturers of testosterone supplements identified a market and exploit it for all its worth. In its statement of position, the Gibby Low-T lawsuit picked up on the naming of two AbbVie executives by Medical Marketing & Media as “the all-star large pharma marketing team of the year,” for 2013. The New York Times noted that the plaudits were for promotions involving AndroGel and unbranded efforts to advance Low-T.
“It didn’t hurt that baby boomers have proven less than shy about availing themselves of any product that they believe will increase their quality of life,” an article in the magazine said. AbbVie’s unbranded site DriveForFive.com, was lauded for encouraging men to have regular checkups and to ask their doctors about five tests, among them checks for cholesterol, blood pressure—and testosterone.
AbbVie takes the high road, officially stating that all it’s doing is making men aware of the potential for low testosterone, the potential benefits of testosterone supplementation, and the importance of starting a dialogue with their doctor on the issue.
But even the availability of the on-line screening quiz, dubbed ADAM, flies in the face of a position maintained by The Endocrine Society, which recommends against screening of the general population for Low-T. The Society makes the point that testosterone levels in most men fluctuate a great deal depending on several factors, from sleep levels to stress, or time proximity to the latest meal consumed. Even the time of day, or if a favorite sports team is losing, can affect testosterone levels.
As such, a single testosterone reading may not indicate a problem. But that hasn’t stopped Big Pharma from advancing Low-T to status of ‘A Thing’ that brings in billions of dollars each year. And one study says that men have bought into it so conclusively, a full 25 percent of men who were given testosterone prescriptions did not have the requisite blood work to back that need up.
Hence, the suggestion that doctors have bought into it, too.
This has fueled the debate between those who believe testosterone is not the pariah many make it out to be, vs. the anti-testosterone camp who want supplements banned.
Both sides have points. For some men, testosterone supplementation is both necessary and a godsend. And as has been historically the case prior to the recent creation of the ‘Low-T’ phenomenon, testosterone supplementation as a response to a real medical condition such as hypogonadism, or extremely low levels of testosterone based on sound medical testing and diagnosis, is indeed appropriate.
Just as there are risks associate with advanced levels of testosterone, so too are there risks associated with seriously low levels.
However, helping to fuel the debate over testosterone side effects on the too-high side, is the proliferation of the Low-T market that suggests there are a lot of men out there having been persuaded to adopt testosterone supplementation in the absence of sound, medical need.
And that puts them at risk for testosterone stroke, or testosterone heart attack, needlessly—perhaps all because Big Pharma saw a market with potential dollar signs, and went to work…
Proponents of testosterone as a means to foster men’s health have found fault with some studies—and one in particular—that paint testosterone supplementation as a villain.
There have also been accusations of fear-mongering levied against the media and anti-testosterone advocates, who are accused of needlessly inflating worry and blowing the issue out of proportion.
In contrast, there are those who accuse the testosterone industry and pro-testosterone advocates of ‘disease-mongering,’ by promoting a need—a problem—that doesn’t really exist for the general population.
In so doing, testosterone is flying back and forth unabated, as tensions continue to rise amid a debate that tries to differentiate between the natural processes of aging vs. the wisdom to intervene needlessly in such a natural process.
Medical need is one thing. Exploiting a potential market is quite another.
What is the need, really? And do we put our faith in an industry, with already deep pockets and looking to make them deeper, that tries to convince us that we need this stuff?
I don’t think so. I’ll take the unbiased, unvarnished opinion of my doctor who stands to reap no reward other than the realization of a healthy patient who thinks it’s okay to grow old gracefully. But I’ll be damned if I’ll give money to a pharmaceutical company claiming to have my best interest at heart, because they don’t. They have a conflict. If they convince me I need testosterone, they make a buck.
A long time ago I was taking a business course, and the course lead asked of the room, the reason why people go into business. To fulfill a dream? To help your fellow man? To make the world a better place? To leave behind a legacy?
Nope. All wrong answers.
The reason—is to make money. Profit. That’s it. Everything else is secondary.
It’s enough to get my testosterone racing—what little I have left…
A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.
US Navy Veterans are at a particularly high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.
The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.
US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos.
St. Clair County, IL: Jeanne Belman, special administrator of deceased Marcella Goedeke estate, has filed an asbestos lawsuit against CSX Transportation, alleging the company is responsible for the developing asbestos mesothelioma and Goedeke’s subsequent death.
Filed a lawsuit March 14, the lawsuit claims the railway allowed its employees to be exposed to asbestos despite being aware of the associated adverse health risks.
Specifically, Belman alleges that Goedeke suffered second hand asbestos exposure to asbestos fibers that clung to her husband’s work clothing. Goedeke’s husband worked at The Baltimore and Ohio Railroad Company. When Goedeke’s husband came home, she inhaled and ingested the asbestos fibers that were on his clothes, the lawsuit states.
The lawsuit claims that the asbestos mesothelioma caused Goedeke great pain and disability, and that she endured serious mental anguish and extreme nervousness and incurred significant medical costs, the suit states. She passed away on March 18, 2012, the lawsuit states.
The lawsuit claims Goedeke’s asbestos disease could have been avoided had The Baltimore and Railroad Company heeded the advice of experts in 1935 who warned the railroad to educate all its employees about asbestos fibers. According to the complaint, the experts also advised the company to get rid of asbestos dust, to sprinkle the working area with water, to have employees wear inhalers and to have frequent analyses made of the dust content of air at different times during work hours.
Instead, Belman alleges the railroad negligently exposed Goedeke’s husband to asbestos, allowed him to carry the asbestos with him into his home, failed to warn him that it could cause disease, failed to prevent him from being exposed to the asbestos, failed to provide him with protective clothing and allowed unsafe work practices to become routine.
Eventually, The Baltimore and Ohio Railroad Company was taken over by CSX, which Belman named as a defendant in her complaint that seeks damages under the Federal Employers Liability Act (FELA). Belman is seeking a judgment of more than $100,000, plus costs. (madisonrecord.com)
St. Clair County, IL: Nicole Lockett has filed an asbestos lawsuit naming 21 defendant corporations which, she alleges, caused the Randle R. Lockett Sr. to develop mesothelioma after his exposure to asbestos-containing products throughout his father’s career. He subsequently died of his asbestos disease.
According to the lawsuit, Randle R. Lockett Sr.’s father worked in the military and at ICBM and Minuteman and MX missile site maintaining and repairing silos. The defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for Mr. Lockett`s father`s safety, the suit states. As a result of his asbestos-related disease, Randle R. Lockett Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. Additionally, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued, the lawsuit states.
Nicole Lockett is seeking a judgment of more than $50,000, compensatory damages of more than $200,000, punitive damages in an amount sufficient to punish the defendants for their misconduct and other relief the court deems just.(madionsrecord.com)
St. Clair County, IL: An asbestos lawsuit has been filed by Betty G. Crutchfield naming 41 defendant corporations, which, she claims, caused Donald Crutchfield Sr. to develop lung cancer after his exposure to asbestos-containing products throughout his career. Mr. Crutchfield died from his asbestos disease.
As a result of his asbestos-related illness Donald Crutchfield Sr. became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, Betty Crutchfield claims. In addition, he were prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the lawsuit states.
Betty G. Crutchfield is seeking a judgment of more than $300,000, compensatory damages of more than $100,000, punitive damages in an amount sufficient to punish the defendants for their misconduct and other relief the court deems just. (madisonrecord.com)
New York, NY: A $980,000 judgement has been upheld by the US Court of Appeals for the 2nd Circuit entered against defendant Cleaver Brooks. The court found that the plaintiff presented enough evidence at trial to support a causal link between the defendant’s asbestos-containing boilers and the deceased Kit L. McCormick illness.
Kelly McCormick filed the asbestos lawsuit on behalf of her husband, Kit L. McCormick, who was injured allegedly as a result of asbestos exposure. (harrismartin.com)
Did you ever receive one of these Chrysler Dodge Ram recalls for defective steering-system tie rods that may have been misaligned during assembly or steering-system service? Did you bring your truck in to have the part replaced? What’s your experience?
Where the hell is Jack Nicholson when you need him? The plaintiff in this case may benefit from some counseling—not the legal type—as he’s apparently got that—but the type that Nicholson doled out in the movie, “Anger Management” (see his Goosfraba therapy in action above.)
Seems Geary Trigleth, plaintiff in a contract law dispute, was quite the colorful character in his recent deposition. And it started when he walked in wearing a t-shirt that screamed, “f*ck you YOU f*cking f*ck”—that’s our man, shown below. Yes, many a plaintiff—and defendant—has thought of showing up at his deposition or in court and giving a few people the F-bomb—but few actually dare to do it. Trigleth is the man, though, and he did.
Things got more interesting from there on as the deposition proceeded at Scheef & Stone law firm in Frisco, TX.
In eloquent terms nonpareil, Trigleth went on to provide passionate commentary regarding defendant Robert Couch.
According to court documents, in referring to Couch, Trigleth stated he was “going to tie that thick necked mother f*cker to a pole and f*ck him up the *ss until he squeals like a pig.”
One can only question whether Trigleth has experience with such. Regardless, speaking of personal relationships, the questioning did at one point veer into Trigleth’s own pursuit of pleasure—or sorry, his possible pursuit of a significant other who just happens to come via mail order (we’re guessing Match.com and Zoosk were off-limits for Trigleth given his online social reach is nil—literally—he has a profile on LinkedIn, but zero connections and his FB friends number 27—so maybe he off-shored love, as one does in these situations).
According to court docs, Attorney J. Mitchell Little started to ask Trigleth a number of relevant questions concerning his status as an accredited investor. Here’s how that went:
Q: Mr. Trigleth, what was the·purpose of the wire transfer that was paid? (Note: Mr. Trigleth also refused to answer and became very agitated at a line of questioning about a prior dispute with Texas Capital Bank where he was alleged to have transferred money for the purpose of acquiring a mail order bride.)
A: Are you gay?
Q: Are you going to answer my question?
A: Are you going to answer my question?
Q: I am here to ask questions.
A: I am here to ask you a question. Are you gay?
Geez. I don’t know—after a while one begins to wonder if a yes or no question starts to sound like a proposition there—or at the very least a fixation of sorts—hey, Little’s an attractive guy and he does have over 500 connections on LinkedIn. But as a little sidenote lest you question the line of questioning in the deposition…here’s a testimonial from Trigleth found over at 1st International Marriage Network (btw, IMBRA stands for International Marriage Broker Regulation Act):
From: Geary Trigleth
Sent: Friday, March 05, 2010 10:32 AM
To: Vasiliy Savkin
Subject: Re: IMBRA report prepared at NatashaClub site
Vasiliy,
Thank you so much for your prompt response and assistance. I enjoy your services and site and compliment the efficiency and strategy of the functionality of the site and services supported! I truly feel your attempt to support the members and strategically protect all involved to meet your business needs and empower the site members to employ there powers of there needs is very efficient and effective! I truly appreciate the services rendered and hope to maintain a continual working relationship in the future. My appreciation!
gt
Yessiree, sounds like someone’s been trying to off-shore some lovin’…
Who knows where it all nets out, but suffice to say it’s one of those court appearances we’d love to be an extra Montblanc ink cartridge lying on counsel’s table for…