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Domestic disputes are a daily occurrence in households throughout San Diego.? Although these disputes sometimes escalate into the use of physical force or result in injury, the allegations are frequently made during a turbulent moment in marriages, co-parenting or cohabitation relationships.? The contentious environment in which these allegations typically arise make it difficult to determine whether the allegations are true or an attempt to exact revenge or gain the upper hand in a family court dispute.? While it is a crime to commit assault or battery against anyone, the potential penalties are much higher if the purported victim is someone with whom you share a marital, fianc?, dating or parenting relationship.? Because allegations of domestic violence typically arise out of heated discord in marriages and other intimate relationships, it is hardly surprising that the alleged victim frequently recants domestic violence allegations once time has gone by and tempers have cooled.
Unfortunately, sometimes it is difficult to ?unring the bell? by recanting domestic violence allegations.? Prosecutors are under intense pressure to take a hard line against spousal abuse and other forms of domestic violence against an intimate partner.? Because of this political pressure, prosecutors often pursue domestic violence cases with other admissible evidence, even if the victim recants.? When an alleged domestic violence victim recants, this will weaken the prosecutors case so that it may be easier to negotiate a plea agreement or to have the charges reduced but will not necessarily result in a dismissal of the charges.? The prosecutor will consider a number of factors in deciding whether to pursue the case without the victim?s testimony, including the strength of the remaining evidence, the physical evidence supporting the original allegations (i.e. physical injury), and the prior history of domestic violence allegations involving the parties or the suspect in prior relationships.
The prosecutor will weigh the available evidence to determine whether the case can be proven without the alleged victim?s testimony.? The prosecutor may seek to introduce parts of the victim?s prior written statement using hearsay exceptions, such as those for spontaneous utterances, business records, and statements against penal interest or other exceptions that would allow the evidence from the prior statement to be used.? The prosecutor will also consider the strength of other available evidence, including medical records from treating injuries, picture taken of injuries, testimony from other witnesses to the incident, incriminating statements by the accused, and law enforcement observations.
If you are charged with domestic violence, it is imperative that you obtain prompt legal advice and representation from an experienced Southern California domestic violence defense attorney.? Many people falsely accused of spousal abuse or domestic battery against an intimate partner presume that they have nothing to worry about because the victim has recanted the false allegations.? It is never advisable to simply presume that the prosecutor will dismiss the charges.? Generally, your chances of obtaining a dismissal or a substantial reduction in the charges is to have a skilled and experienced San Diego domestic violence criminal attorney exploit the weaknesses that such recantation creates in the prosecutor?s case.
If you are charged with violating Penal Code section 273.5 (Corporal Injury to a Spouse or Cohabitant) or violating Penal Code section 243(e)(1) (Domestic Battery), experienced San Diego criminal defense attorney Benjamin Theule may be able to avoid significant jail time or obtain a dismissal or a reduction in the charges.? We invite you to call the Law Offices of Benjamin Theule where we fight with tenacity today to protect our clients? rights tomorrow!
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Handout / Reuters
Aid worker Helen Johnston, seen in this undated family photograph released by Britain's Foreign and Commonwealth Office, was rescued from her Taliban captors Saturday.
By msnbc.com staff and news services
A NATO rescue team dropped by helicopter in remote mountains of northern Afghanistan early on Saturday freed four aid workers, including two doctors, who had been seized by the Taliban last month, the alliance said.?
The aid workers, employed by Swiss-based Medair, were en route to flood-stricken parts of Badakhshan province when they were kidnapped.?
NATO forces entered the area under cover of darkness and after confirming the presence of the hostages, carried out a successful raid to free them, Lieutenant Commander Brian Badura, a spokesman for the NATO-led International Security Assistance Force (ISAF) told Reuters.?
The rescue team suffered no casualties in the operation, Badura said. The kidnappers were armed with heavy machine guns, AK-47 assault rifles, and rocket-propelled grenades.?
Shamsul Rahman Shams, the deputy governor of Badakhshan, said five men who were holding the aid workers were killed in the operation.?
?"It was an extraordinarily brave, breathtaking even, operation that our troops had to carry out,"?U.K. Prime Minister David Cameron said, according to BBC News.?"I pay tribute to their skill and dedication."
'Swift and brutal end'
He added anyone who kidnapped British citizens could expect "a swift and brutal end."
A statement from ISAF identified the hostage-takers as members of the Taliban, who have stepped up violence across the country as foreign combat forces prepare to leave by the end of 2014.?
"This morning's mission, conducted by coalition forces, exemplifies our collective and unwavering commitment to defeat the Taliban," General John Allen, commander of NATO forces in Afghanistan said.?
Seven killed in attack on NATO base in Afghanistan
The alliance identified the two foreigners freed as Helen Johnston and Moragwe Oirere, who along with two Afghans worked for Medair, a humanitarian non-governmental organization based near Lausanne, Switzerland.?
The aid workers had been travelling by donkey to visit a clinic in the remote Yawan district, where the road had been destroyed by floods caused by melting snow after one of the worst Afghan winters in decades.?
Afghan forces have taken over security in the provincial capital Faizabad and some parts of Badakhshan ahead of the Western drawdown.?
Afghan authorities originally said five people had been kidnapped, but it later emerged that one of the party managed to escape from the hostage takers.?
The kidnapping of foreigners has become relatively common in parts of Afghanistan since U.S-backed Afghan forces toppled the Taliban government in 2001, heralding a 11-year anti-insurgent war.?
In 2010, 10 foreign medical workers, including six Americans, were killed in Badakhshan in an attack blamed on insurgents.?
Other attacks have been blamed on criminal groups looking for ransom. Police in Badakhshan earlier said the kidnappers in this case were demanding money, and they appeared to be members of a criminal gang.
Reuters contributed to this report.
More world news from msnbc.com and NBC News:
Follow us on Twitter: @msnbc_world
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While some problems can be avoided, many nightmares are inevitable, especially if you have old or poorly installed plumbing. Even so, there are steps you can take to either head off problems before they begin or minimize the chaos once it starts to unfold.
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'Dateline NBC,' the signature broadcast for NBC News in primetime, premiered in 1992. Since then, it has been pioneering a new approach to primetime news programming. The multi-night franchise, supplemented by frequent specials, allows NBC to consistently and comprehensively present the highest-quality reporting, investigative features, breaking news coverage and newsmaker profiles.
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Former Major League baseball pitcher Roger Clemens, center, and his legal team, arrive at federal court in Washington, Wednesday, May 30, 2012. Attorney Rusty Hardin is at right. (AP Photo/Susan Walsh)
Former Major League baseball pitcher Roger Clemens, center, and his legal team, arrive at federal court in Washington, Wednesday, May 30, 2012. Attorney Rusty Hardin is at right. (AP Photo/Susan Walsh)
Former Major League baseball pitcher Roger Clemens, left, and his legal team, arrive at federal court in Washington, Wednesday, May 30, 2012. (AP Photo/Susan Walsh)
WASHINGTON (AP) ? Roger Clemens lost something off his fastball in his 40s but still succeeded by pitching smarter, his former manager testified Thursday.
"He continued to have great success, but for different reasons," said defense witness Phil Garner, who managed Clemens with the Houston Astros from 2004-2006. "He didn't just overpower teams; he outsmarted teams ... He wasn't as domineering as he was earlier."
Clemens is on trial for allegedly lying to Congress in 2008 when he denied using steroids or human growth hormone. Defense lawyers are trying to demonstrate that Clemens used smarts and hard work ? not performance-enhancing drugs ? to post exceptional numbers at an age when most players are retired.
In Clemens' first year with Houston, in 2004, he won his seventh Cy Young Award and posted an excellent 2.98 earned run average, nearly a full run better than the previous season, though most pitchers making that switch from the American to National league improve their ERAs by some fraction of a run. In his second year with Houston, when Clemens turned 43, his ERA dropped even further, to an extraordinarily good 1.87.
Garner said that one way Clemens got smarter was by pitching around really good hitters, then going after weaker ones. Garner said the pitcher's speed dropped from 95-97 mph in his early 30s to 90-92 mph.
"There's no question he had aged," said Garner, who sometimes referred to the pitcher by his nickname, Rocket.
Supporting the defense contention that Clemens succeeded through hard work, Garner recalled seeing the pitcher at the ballpark in spring training at 7:30 a.m. Clemens worked out in a flak jacket with 60 pounds of weights, then went for a run, Garner said.
A couple of times, Garner shouted as he imitated Clemens' competitive outbursts.
"What is going on?!" Garner recalled Clemens yelling at himself as he paced back and forth at the end of the dugout. "Are you going to pitch tonight or are you not going to pitch tonight?! Are you going to get anybody out tonight?!"
On Wednesday, two catchers who were teammates of Clemens said he played with integrity and refused to cut corners, the opposite of the image painted by prosecutors of a man who cheated to gain an edge and then lied about it to Congress.
"I don't think he'd cheat," said former journeyman catcher Charlie O'Brien, who caught Clemens' games for much of the 1997 season with the Toronto Blue Jays. O'Brien portrayed Clemens as such a stickler that he'd refuse to throw scuffed baseballs because he considered it cheating.
The other backstop was Darrin Fletcher, Clemens' catcher with the Jays in 1998. When Hardin said good afternoon, Fletcher replied, "How we doing?" and frequently called the lawyer by his first name.
He said Clemens was a "big strong man" who set the standard for work ethic.
"Did Roger Clemens ever cut corners?" Hardin asked.
"Cut corners?" he replied with a taken-aback look and a smile. "No."
He gave up some of Clemens' trade secrets as a pitcher. Clemens, for example, would purse his lips on the mound to ask for curveballs.
"You're not making a comeback any time are you, Roger?" Fletcher said. "I'm not giving anything away, am I?" Clemens laughed.
Fletcher said it was important to make sure that batters didn't steal signs, because "the whole integrity of the game is ruined if the hitter knows what's coming."
He also testified that he didn't see Clemens at a pool party at teammate Jose Canseco's house in Florida in June of that season, but Fletcher also said he left the party around 1:30 p.m. A government witness recalled seeing Clemens at the party later in the day. One of the charges against Clemens is that he lied when he told Congress that he wasn't at the party at all.
Fletcher drew more laughter when he said it would have left an impression if he had seen Clemens.
"I've always wanted to see Roger in a bathing suit," he said, and Clemens chuckled again.
Clemens joined the Blue Jays at the age of 34 as a free agent after the Boston Red Sox did not re-sign him following the 1996 season. Boston's then-general manager, Dan Duquette, said at the time that Clemens was in the twilight of his career, but Clemens won the Cy Young Award the two next seasons for the Blue Jays.
In that second season in Toronto, Clemens met strength coach Brian McNamee, who says he injected the pitcher with steroids and HGH and testified that he had the impression the Clemens had used steroids previously. The government used its cross-examination of witnesses Wednesday to reinforce its claim that Clemens turned to performance-enhancing drugs to help his aging body recover more quickly during the physically demanding major league seasons.
The defense says it will call McNamee's estranged wife, Eileen, to testify, but her lawyer said Thursday that he wanted to make sure that her previously granted immunity remains intact. That's because McNamee, during his testimony, may have implicated her in a number of areas, such as possible mail fraud. The government had at one point planned to call her as a witness, but decided not to for tactical reasons. Clemens' lawyers want her testimony to help them try to discredit McNamee's credibility. At U.S. District Judge Reggie Walton's urging, Eileen McNamee's lawyer will meet with government prosecutors Friday to discuss the immunity issue.
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AP Sports Writer Joseph White contributed to this report.
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Follow Joseph White at http://twitter.com/JGWhiteAP
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Associated Pressmatt schaub carrie underwood jessica simpson ryan seacrest kentucky derby beltane
