Soo Student Massacre Threat: Male teen student allegedly threatens to shoot up the Soo High School, parents say little was done, police called late Friday morning

URGENT U.P. Breaking News Bulletin Update – 2-17-18 – 8:25 p.m.ET

This is what school officials sent parents -and the say a news release is pending:

 

——-

1:38 p.m. ET 

Threat to bring gun to school and kill fellow students at eastern U.P. high school – parents say little was done

Did the Sault Ste. Marie Superintendent, High School Principal and other high-ranking school officials know about threat and did not warn students or parents?

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
Scroll down to see our editorial, plus names etc.

(Sault Ste. Marie, MI) – Authorities have released no information publicly about an armed student’s threat to shoot up the Sault Ste. Marie High School, and parents say nothing much was done by the principal or superintendent.

One parent said online that the threat was very serious:

“This was real. The kid had a handgun, and three fully clips on him.”

Another Soo resident stated on Facebook:

“The kid in question did in fact have a loaded gun during gym class, and (allegedly) intended to shoot kids after school. Gym class was NOT locked-down during this “lock-down”, and they had no knowledge of anything happening until afterwards.”

Sault Ste. Marie Area Public Schools Superintendent Dr. Timothy D. Hall

Some parents said if the allegations about Principal Carl McCready or Superintendent Dr. Timothy D. Hall are true – they should be terminated or retire.

Yesterday morning, Fri. Feb. 16, 2018 – concern parents called police about a forwarded text received by their daughter and others at the Sault Ste. Marie High School. The dispatcher told officers the threat involved a male student (not clear if he had is suspended or expelled).

The Chippewa County 911 dispatcher was told by the student’s parents that a “friend is threatening to apparently ‘shoot up’ the school.”

Police were sent to the school district administration, where officials had after a relatively short conversation with the officer.
Then school officials essentially and basically turned police away yesterday telling officers they have known about the threat for two days or more – and are dealing with the issue.

On Facebook, parents are angry and accusing the district of not doing anything substantial – while elsewhere across the Soo rumors are flying.

In an online post, one well-known parent said:

“Apparently, he said he was going to start in the locker rooms and move on to classrooms. Also heard principal was warned about this prior and did nothing.”

Several parents said they had heard very similar info from their kids.

In fact, numerous parents said they heard the upset student showed a gun and three fully-loaded clips.

U.P. Breaking News hopes that police and administration of the Soo schools to please reach out to us with real info. Secrecy in these times is dangerous.

Anyone who has info, please contact us privately by phone/FB.

This is what we got when we went to the Soo schools safety plan – and under the tab to follow incidents – page not created – not clear if school district pays for this company:

Sault Ste. Marie Area Public Schools
Administration Building
876 Marquette Avenue
Sault Ste. Marie, MI 49783

Sault Ste. Marie Area High School and Career Center
Carl McCready, High School Principal
Jeanine Sherman, Assistant Principal
Jo Anne Lussier, Career Center Director
904 Marquette Avenue
Sault Ste. Marie, MI 49783

https://www.saultschools.org
https://www.saultschools.org/domain/9

The real problem behind the gun issues is money in politics – it will not change until campaign finance reform. Period.
We need to destigmatize mental health and talk to each other – no judgments – ignore bullies and what popular kids say. Blather!

U.P. Breaking News has the names of several of those involved (parents, students, suspect) – however – at this point and time – have made the editorial decision to withhold the names (could change our minds).

We also have the dispatch audio (sounds dramatic) and have decided (for now only) not to release it. Reasons include waiting to see what the district decides to do and if they make any kind of real statement.

In these times parents are understandably worried. Nothing will be done about automatic assault weapons (bullets, big clips, special stocks) until the money is taken out of politics.

Severe poverty, Bullying, addictive drugs everywhere, and parents not teaching their kids that words-are-only-words and property-is-only-property. Do not let someone else control your emotions, thoughts and actions.

Ignore what other idiots school friends say – trust me I have lots of people who write hateful things and threats – but do not take it personally or I’d go crazy. Some words are just fools who like to hear themselves talk. Blather.

By Greg Peterson, owner of U.P. Breaking News

U.P. Breaking News Exclusive: Northern Michigan Media Wars #2 – as Northern Star Broadcasting sells the last of its northern Michigan radio stations, a longtime ad executive slaps state and federal lawsuits against the company, its general manager charging retaliation, discrimination, reckless indifference, and more for allegedly violating laws that protect people who are disabled

 

Versus

By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

(Traverse City, MI) – A longtime advertising  executive for a group of northern Michigan radio stations that serve the eastern Upper Peninsula has filed state and federal lawsuits accusing the owners and its general manager with retaliation, discrimination, reckless indifference, mental anguish and more for allegedly violating laws that protect people with disabilities.

Hired almost 20 years ago, radio ad salesperson Kimberlee McCardel of Traverse City, MI filed her lawsuits about six weeks ago against Northern Star Broadcasting, LLC (as a Michigan company) and the manager of the company’s radio stations Mary Reynolds (as an individual).

But – about a month earlier – many of the radio stations were sold.

Reynolds is/was the General Manager/Vice President of Sales/Marketing for Northern Star Broadcasting, LLC radio stations across northern Michigan including the eastern Upper Peninsula. Strange in these mass communications days, U.P. Breaking News could not find any online photos of Mary Reynolds – the boss of a pile of radio stations.

Reynolds is – or was – in charge of WQEZ Easy 95.5/106.3; Classic Rock 97.7/98.1/107.1; The Bear, Rock 105; 102.9 Big Country Hits; and Big Country Gold AM 1240 100.7 FM.

BUT – hold the presses – these radio stations have been split up and sold this year – so you might need a scorecard to keep track. Below – read the stories about the chop up and sale – of Northern Star Broadcasting.

The 15-page, five-count federal court lawsuit states McCardel is a victim of retaliation and discrimination under state and federal disability laws.

The suit states another federal investigation into the company’s handling of her claim ended with a finding that McCardel was “discharged based on a disability.”

McCardel’s lawsuit claims that the Equal Employment Opportunity Commission (EEOC) investigation resulted in “a determination that found Plaintiff was denied a reasonable accommodation and discharged based on a disability, and that defendant Northern Star broadcasting/Mary Reynolds “violated the ADA.”

The following information was obtained from – or alleged in – the federal lawsuit:

“At all times relevant” to the suit, McCardel “did perform the essential functions of her job” and a “large portion” of her sales job was in the field “calling on clients and potential clients.”

McCardel was seriously injured in an Oct. 14, 2011 traffic accident that resulted in “a traumatic brain injury” plus “neck pain, back pain, headaches, and a sensitivity to light and noise.”

“While recovering from the accident,” McCardel was “allowed to work from home as a reasonable accommodation and was able” to perform her job.

Due to the wreck, McCardel “is impaired in the major life functions of multitasking and often unable to “concentrate when interruptions to her tasks occur.”

Two years after the crash, McCardel’s physician, Dr. David Oakley, signed a two-week “medical leave of absence.”

In response to the leave of absence, NSB and Reynolds demanded that McCardel“turn in her laptop and took away her access to her emails” and to “work product.”

Mary Reynolds of Traverse City, MI was the general manager and vice president of Northern Star Broadcasting, LLC and “she was one of the parties involved in the ownership transfer” of NSB in 2013.

At that Nov. 13, 2013 meeting, NBS wanted McCardel’s “medical providers” to provide information on “her disability and request for accommodation.”

McCardel’s occupational therapist Carol Holland submitted the requested information to Reynolds five days later (Nov. 18) that included “working from home, no fluorescent lighting, and a quiet environment without interruptions.”

The occupational therapist explained McCardel’s list of medical needs including “working in the office necessary for meeting with clients” plus “getting her mail” and specific staff-related meetings needed for sales, business and management.

On Nov. 25, 2013, Reynolds sent an email “forbidding’ McCardel “from talking to any client or contacting a client in any way” until the two “had a chance to meet” in early December.”

Under Count 5, a claim is made under the Michigan Sales Representative Act Violation for withholding sales commission.

The suit makes the ‘disability discrimination’ charges under the national Americans with Disabilities Act (ADA) and the Michigan Persons with Disabilities Civil Rights Act (PDCRA).

In addition to unspecified monetary damages, the suit seeks:

• Reinstatement with commensurate pay or “an award of front-pay until” McCardel is 67 years old

• Pecuniary damages like back pay and benefit with interest

• Compensatory damages to be determined at trial

• Attorneys fees and all costs associated with the litigation plus interest

• Further relief that the court “deems just and equitable”

The suit alleges that what followed was NBS “effectively denying her (McCardel) request for reasonable accommodations” and not “engaging in the reasonable accommodation process” that would allow her to work.

NBS told McCardel that if her doctor decided “you cannot return to work under the prior existing conditions of your employment” then McCardel should “utilize any accrued vacation, sick or personal leave.”

McCardel said she had spent those years attempting “to work with her door closed and lights turned off but it ad not been effective in solving the (medical) problem”

“I feel the company (NSB) is discriminating against me based on my disability” violating the ADA and the Michigan Persons with Disability Civil Rights Act, McCardel said in a Dec. 3 letter to Reynolds. “You have failed to accommodate my disability.”

“You are retaliating against me for requesting job accommodations and taking disability leave,” said McCardel stating her feelings in the letter. “You not honoring my request for is impairing my ability to earn a livelihood given my commission based compensation.”

McCardel suggested a meeting but the suit alleges in a letter three days later (Dec. 6) Reynolds stated “I am requesting that you not return to work until further notice” that was followed four days later (Dec. 10) by an official termination

The federal civil suit states that NBS was then sold and McCardel was “told her position has been eliminated” during a Dec. 11 meeting with NBS Gen. Mgr. Mary Reynolds and Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

At that meeting, the Reynolds were “now also the principal owners of the entity that purchased NBS.” McCardel said Del Reynolds “assured” her that she’d receive her earned work commissions “as the company received payments from their clients for work.”

McCardel never received her outstanding commissions and despite reapplying with “the new entity” that bought NSB “was the only non-executive not rehired.”

In addition to lost wages, McCardel suffered “substantial pecuniary losses,” mental anguish, loss of enjoyment of life” and other losses. “NBS conducted itself with malice and with reckless indifference” to (McCardel’s) state and federal protected rights, the suit states.

Now some of the radio station sales info:

http://radioink.com/2016/05/26/black-diamond-acquire-northern-star-1-95-million

One of radio’s bigger deals in quite some time will come from Northern Michigan where Black Diamond Broadcast is purchasing eight stations from Northern Star Broadcasting for $1.95 million. Here are the details of the deal brokered by Jason James of Patrick Communications.

The stations changing hands are WCBY-AM Cheboygan, WGFM-FM Cheboygan, WCHY-FM Cheboygan, WGFN-FM Glen Arbor, WMKC-FM Indian River, WOEZ-FM Onaway, WQEZ-FM Glen Arbor, and 100.7 FM W264CF St. Ignace. Black Diamond is owned by Michigan residents Mike Chires and Norm McKee, who also own WUPS-FM Harrison and WTWS-FM Houghton Lake which they purchased in 2015.

Northern Star Broadcasting’s President Del Reynolds said, “These radio stations are huge technical facilities reaching from Cadillac to Canada and Traverse City to Alpena.”

“I believe that Black Diamond is the radio group to continue the tradition of being committed local broadcasters and will be honorable trustees of these FCC licenses. Our staff and our clients are the best in the country and we know that they are in good hands with Black Diamond.”

“They have shown with their previous acquisition of WUPS and WTWS that they know how to serve the local community and we are at ease knowing these groups will continue to grow and thrive with them as we transition into what is next for us.”

Black Diamond partner and CEO Mike Chires stated, “Del and Mary have done a tremendous job of building powerhouse stations that serve their communities extremely well.”

“They have strong relationships with their clients, and the respect of broadcasters throughout the industry, especially in Michigan, which is the ultimate compliment. We look forward to continuing the legacy and the relationships they’ve built with their clients and communities these great stations serve.” Norm McKee, Black Diamond partner and COO/CFO added.

“The Northern Star properties permit us to establish a group of 10 radio stations serving all of central and northern Michigan with quality broadcasting, sports, and community coverage. We can now serve listeners and clients from the Zilwaukee Bridge to north of the Mackinac Bridge, and from Ludington to Oscoda (Bridge to Bridge, Coast to Coast).”

This slideshow requires JavaScript.

NORTHERN-STAR-BROADCASTING-EEO-REPORT-2016

—

Below is further information from the lawsuit and those involved.

——-

Northern Star Broadcasting civil action summons 1

Northern Star Broadcasting civil action summons 2

Northern Star Broadcasting Disability Violations Main Suit

Northern Star Broadcasting Exhibit 1

Northern Star Broadcasting Exhibit 2

Northern Star Broadcasting Exhibit 3

Northern Star Broadcasting Exhibit 4

Northern Star Broadcasting Exhibit 5

Northern Star Broadcasting Exhibit 6

Northern Star Broadcasting Exhibit 7

Northern Star Broadcasting Exhibit 8

Northern Star Broadcasting Exhibit 9

Northern Star Broadcasting Exhibit 10

Northern Star Broadcasting Exhibit 11

Filed 5/20/16

15 pages

Five Counts

Count 1

Americans with Disabilities Act (ADA) Disability Discrimination

Count 2

ADA Retaliation

Count 3

Michigan Persons with Disabilities Civil Rights Act (PDCRA) Disability Discrimination

Count 4

MI PDCRA Retaliation

Count 5

A Claim under the Michigan Sales Representative Act Violation for withholding sales commission

Kimberlee McCardel

vs

Northern Star Broadcasting, LLC (as a Michigan company)

Mary Reynolds (as an individual)

——-

McCardel Lawyers:

Kevin M. Keenan (72216)

Keenan@wuattorneys.com

Glenn L. Smith (43156)

Smith@wuattorneys.com

250 Monroe Ave., NW

Suite 100

Grand Rapids, MI 49503

616-459-7100

——-

The suit seeks:

• Reinstatement with commensurate pay or “an award of front-pay until” McCardel is 67 years old

• Pecuniary damages like back pay and benefit with interest

• Compensatory damages to be determined at trial

• Attorneys fees and all costs associated with the litigation plus interest

• Further relief that the court “deems just and equitable.”

——-

Americans with Disabilities Act (ADA) – Title VII of the Civil Rights Act of 1964

A “pendent state court claim(s)” are being brought pursuant to both – Michigan Sales Representative Act and the Michigan Persons with Disabilities Civil Rights Act

The federal court has “supplemental jurisdiction” over the state court claims

McCardel has filed “a charge of employment discrimination on the basis of disability with the Equal Employment Opportunity Commission (EEOC) within 300 days of the commission of the unlawful employment practices alleged” in the complaint.

(Northern Star Broadcasting Exhibit 1)

The EEOC investigation resulted in “a determination that found Plaintiff was denied a reasonable accommodation and discharged based on a disability, and that defendant Northern Star broadcasting/Mary Reynolds “violated the ADA.”

(Northern Star Broadcasting Exhibit 2)

(Northern Star Broadcasting Exhibit 3)

Kimberlee McCardel of Traverse City, MI:

McCardel was hired by NSB on April 6, 1998 as an “integrated marketing consultant engaged in sales for NSB” at its office at 3250 Racquet Club Drive in Traverse City.

“At all times relevant” to the suit, McCardel “did perform the essential functions of her job” and a “large portion” of her sales job was in the field “calling on clients and potential clients.”

McCardel was seriously injured in an Oct. 14, 2011 traffic accident that resulted in “a traumatic brain injury” plus “neck pain, back pain, headaches, and a sensitivity to light and noise.”

(Northern Star Broadcasting Exhibit 4 – Letters from Dr. David Oakley on Dec. 4 and OT Carol Holland on Nov. 18)

(Northern Star Broadcasting Exhibit 5)

“While recovering from the accident,” McCardel was “allowed to work from home as a reasonable accommodation and was able” to perform her job.

Due to the wreck, McCardel “is impaired in the major life functions of multitasking and often unable to “concentrate when interruptions to her tasks occur.”

Two years after the crash, McCardel’s physician, Dr. David Oakley, signed a two-week “medical leave of absence.”

(Northern Star Broadcasting Exhibit 6)

(Northern Star Broadcasting Exhibit 7)

In response to the leave of absence, NSB and Reynolds demanded that McCardel “turn in her laptop and took away her access to her emails” and to “work product.”

Northern Star Broadcasting in Traverse City, MI

Mary Reynolds of Traverse City, MI was the general manager and vice president of Northern Star Broadcasting, LLC and “she was one of the parties involved in the ownership transfer” of NSB in 2013.

McCardel was not allowed to return to work on Nov. 6, 2013 and met on Nov. 13 with Reynolds and Dave Simmons, president of NSB

During that meeting, the two NBS executives and McCardel “discussed her return to work” plus her employers requested “additional information” on accommodations her condition required

At that Nov. 13, 2013 meeting, NBS wanted McCardel’s “medical providers” to provide information on “her disability and request for accommodation.”

McCardel’s occupational therapist Carol Holland submitted the requested information to Reynolds five days later (Nov. 18) that included “working from home, no fluorescent lighting, and a quiet environment without interruptions.”

(See above – Exhibit 4 – letters from Dr. Oakley on Dec. 4 and OT Holland on Nov. 18)

The occupational therapist explained McCardel’s list of medical needs including “working in the office necessary for meeting with clients” plus “getting her mail” and specific staff-related meetings needed for sales, business and management.

(See Exhibit 5)

On Nov. 25, 2013, Reynolds sent an email “forbidding’ McCardel “from talking to any client or contacting a client in any way” until the two “had a chance to meet” in early December.”

(Northern Star Broadcasting Exhibit 8)

McCardel received a letter dated Nov. 27, 2013 from Reynolds that confirmed receipt of the medical information but added “apparently you are somehow relating this request to an automobile accident that happened over two years ago” and since have continued to work in NBS offices.

“You know that your request comes at the most inopportune time in our business with the holidays and yearend sandwiched on top of the pending merger and acquisition,” states the email from Reynolds to McCardel. “You are welcome to close your door and cut down on the usual office chatter and shut your lights.”

The suit alleges that what followed was NBS “effectively denying her (McCardel) request for reasonable accommodations” and not “engaging in the reasonable accommodation process” that would allow her to work.

(Northern Star Broadcasting Exhibit 9)

NBS told McCardel that if her doctor decided “you cannot return to work under the prior existing conditions of your employment” then McCardel should “utilize any accrued vacation, sick or personal leave.”

McCardel said she had spent those years attempting “to work with her door closed and lights turned off but it ad not been effective in solving the (medical) problem”

“I feel the company (NSB) is discriminating against me based on my disability” violating the ADA and the Michigan Persons with Disability Civil Rights Act, McCardel said in a Dec. 3 letter to Reynolds. “You have failed to accommodate my disability.”

“You are retaliating against me for requesting job accommodations and taking disability leave,” said McCardel stating her feelings in the letter. “You not honoring my request for is impairing my ability to earn a livelihood given my commission based compensation.”

(Northern Star Broadcasting Exhibit 10)

McCardel suggested a meeting but the suit alleges in a letter three days later (Dec. 6) Reynolds stated “I am requesting that you not return to work until further notice” that was followed four days later (Dec. 10) by an official termination

(Northern Star Broadcasting Exhibit 11)

The federal civil suit states that NBS was then sold and McCardel was “told her position has been eliminated” during a Dec. 11 meeting with NBS Gen. Mgr. Mary Reynolds and Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

At that meeting, the Reynolds were “now also the principal owners of the entity that purchased NBS.”

McCardel said Del Reynolds “assured” her that she’d receive her earned work commissions “as the company received payments from their clients for work”

McCardel never received her outstanding commissions and despite reapplying with “the new entity” that bought NSB “was the only non-executive not rehired.”

In addition to lost wages, McCardel suffered “substantial pecuniary losses,” mental anguish, loss of enjoyment of life” and other losses.

“NBS conducted itself with malice and with reckless indifference” to (McCardel’s) state and federal protected rights, the suit states.

—

Related links and information:

 

Kimberlee McCardel

https://www.linkedin.com/in/kimberlee-mccardel-129a2615

Northern Express website caption for above photo: Chef Dan Huey, Catherine Stownehouse, Chef Ardi Huey and Kimberlee McCardel enjoying a cooking demonstration at Pro Build.

http://npaper-wehaa.com/run/npaper?paper=northernexpress&get=gDraw&pgid=905196&x=269&y=367&w=138&h=267&pw=559&ph=665&pid=26326&t=2

Download

—

Dr. David Oakley, M.D.

Michigan State University College of Human Medicine graduate

Practiced at Grand Traverse Internists since 1995

www.gtinternists.com/about-us.html

—

Carol Holland, Occupational Therapist, OTR/L

Occupational Therapy/Memory and Attention Training Center

Munson Healthcare
1105 Sixth St.
Traverse City, MI 49684

231-935-0388
cholland@mhc.net

www.munsonhealthcare.org

http://braininjurynorth.com/Occupational%20Therapy.html

https://www.linkedin.com/in/carol-holland-7198b414

—

Fans not happy:

chuck69dotcom@gmail.com

http://beeotchoftheday.blogspot.com

Bee-otch of the Day is a production of www.Chuck69.com, Grand Rapids’ site for Stern, politics and more!
http://beeotchoftheday.blogspot.com/2013/04/4913-bee-otch-of-day-northern-star.html

http://beeotchoftheday.blogspot.com/2011/11/back-page-northern-star-sells-back-to.html

A soothsayer in April 2013:

But, here’s the $64 Million Question: will Rock 105 last?

Remember, NSB is trying to sell itself back to Del Reynolds.

In order to do so, they’re trying to spin off 94.5 and 93.9 to the teabaggers that own WYPV 106.3 in Onaway for 106.3. The sale of 94.5 has been approved, but not 93.9, and that station is now silent for the time being.

Only time will tell what will happen, but one thing’s for sure: thank God I have Sirius.

——-

Mary Reynolds

mary@nsbroadcasting.com

hr@nsbroadcasting.com

231-290-1910 (cell)

NBS General Manager

NBS Vice President of Sales/Marketing

Northern Star Broadcasting, LLC

WQEZ Easy 95.5/106.3; Classic Rock 97.7/98.1/107.1; The Bear Rock 105; 102.9 Big Country Hits; and Big Country Gold AM 1240 100.7 FM

—

Del Reynolds, NSB Vice Pres. of programming and operations/chief engineer

http://www.michiguide.com/dials/owners/nstar.html

Northern Star Broadcasting, LLC,

514 Munson Ave.

Traverse City, MI 49686

—

NBS Pres. Dave Simmons

Think we found him – but want to make sure before post info

—

W. Palmer Pyle
Retired Owner and Founder of Northern Star Broadcasting, Traverse City

http://michmab.com/AboutMAB/MemberUpdates/mid/663/newsid663/62/dnnprintmode/true?SkinSrc=%5BG%5DSkins%2F_default%2FNo+Skin&ContainerSrc=%5BG%5DContainers%2F_default%2FNo+Container

http://newsletter.michmab.com/june12/june12a

——-

Northern Star Broadcasting

1356 Mackinaw Avenue
Cheboygan, MI 49721

231-627-2341 Ext. 395
231-627-0395

231-627-7000 (fax)

514 Munson Avenue
Traverse City, MI 49684

231-922-4981 Ext. 111
231-922-3633 (fax)

http://nsbroadcasting.com/contact

 

Sovereign Communications, LLC

P.O. Box 1230

Sault Ste. Marie, MI 49783

Based in Sault Ste. Marie, MI

We couldn’t find an official website – but there is this “book”

https://www.morebooks.de/store/gb/book/sovereign-communications/isbn/978-613-5-46217-3

http://www.wmiq.net/contact.html

http://www.1230wsoo.com/

http://www.wjpd.com/page.php?page_id=81

906-632-2231 (office)

906-632-4411 (fax)

Key Executives for Sovereign Communications, LLC

Mr. Bill Gleich, President and Chief Executive Officer

https://en.wikipedia.org/wiki/Sovereign_Communications

www.michiguide.com/dials/owners/sovrn.html

www.secondwavemedia.com/upper-peninsula/features/sovereign21115.aspx

http://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=98185204

http://listings.findthecompany.com/l/8878667/Sovereign-Communication-Llc-in-Sault-Sainte-Marie-MI

Sault Ste. Marie, MI:

 

1230 AM WSOO Full service

www.1230wsoo.com

WYSS Contemporary Hits

101.3 WSUE Rock

www.rock101.net

105.5 WMKD Country

1400 WKNW ESPN/Sports

Marquette, MI:

92.3 WJPD Country

94.1 WUPK Rock

99.5 WNGE Oldies

1320 WDMJ News/Talk

Iron Mountain, MI:

93.1 WIMK Rock

94.3 WZNL Hot Adult Contemporary

1450 WMIQ Talk

Newberry, MI:

93.9 WNBY-FM Oldies

1450 WNBY Classic Country

Ishpeming, MI

1240 WIAN News/Talk

——-

Black Diamond Broadcast Holding Group

Owners Mike Chires and Norm McKee

Chires is also CEO

Black Diamond Broadcast Holding has agreed to acquire eight stations from Northern Michigan-based Northern Star Broadcasting for $1.95 million.

The transaction encompasses multiple signals in Traverse City-Petoskey, MI, and includes WCBY-AM (1240), WGFM-FM (105.1) and WCHY-FM (97.7)/Cheboygan, along with WGFN-FM (98.1) and WQEZ-FM (95.5)/Glen Arbor, WMKC-FM (102.9)/Indian River, WOEZ-FM (106.3)/Onaway and W264CF (100.7)/St. Ignace.

Black Diamond, owned by long-time broadcast executives and life-long Michigan residents, Mike Chires and Norm McKee, currently own WUPS-FM/Harrison and WTWS-FM/Houghton Lake, both purchased in 2015.

https://en.wikipedia.org/wiki/WUPS

https://media.info/radio/news/black-diamond-broadcast-holdings-buys-7-full-power-michigan-stations-1-translator-from-northern-star

www.ourmidland.com/business/article/Black-Diamond-buys-WUPS-FM-WTWS-FM-6908222.php

http://radioink.com/2016/05/26/black-diamond-acquire-northern-star-1-95-million/

www.wups.com/

http://rbr.com/black-diamond-to-acquire-northern-star-broadcasting

http://www.allaccess.com/net-news/archive/story/154029/black-diamond-broadcast-holdings-buys-7-full-power

http://news.radio-online.com/cgi-bin/rol.exe/headline_id=b14744

—

Northern Star Broadcasting, LLC

http://nsbroadcasting.com

http://www.fccinfo.com/CMDProEngine.php?sCurrentService=FM&tabSearchType=Appl&sAppIDNumber=1419937

—

West Central Michigan Media Ministries

https://en.wikipedia.org/wiki/Strong_Tower_Radio

http://www.strongtowerradio.org

WIHC

http://www.fccinfo.com/CMDProFacLookup.php?tabSearchType=Lice&sLicensee=WEST+CENTRAL+MICHIGAN+MEDIA+MINISTRIES

http://www.michiguide.com/dials/owners/wcmmm.html

—

Michigan Broadcasters

Still investigating

—

 

Baraga Broadcasting

http://www.thecatholiclight.com/

https://en.wikipedia.org/wiki/WTCK

—

Up North Radio

http://news.michmab.com/northern-star-broadcasting-stations-sold/

—

Patrick Communications

(Read how they brokered the sales of many northern Michigan radio stations)

www.patrickcommunications.com

—

Classic Rock The Bear WGFN-FM/WCKC-FM/WCHY-FM 98.1 FM/97.7 FM/107.1 FM

https://en.wikipedia.org/wiki/WGFN

www.classicrockthebear.com

—

105 ROCK WGFM 105.1 FM 103.7 FM

www.rock105.fm

http://nsbroadcasting.com/wp-content/uploads/Rock-105-Radio-Station-Information-2.pdf

—

Big Country Hits WMKC FM 102.9 FM

http://1029bigcountry.com

—

Big Country Gold WCBY AM/FM 1240 AM/100.7 FM

www.bigcountrygold.com

—

Easy WQEZ FM 106.3 FM/95.5 FM

http://wqez.fm

—

Americans with Disabilities Act (ADA) Title VII of the Civil Rights Act of 1964 (Title VII)

www.eeoc.gov/laws/statutes/titlevii.cfm

www.eeoc.gov/facts/qanda.html

www.eeoc.gov/laws/statutes/

www.eeoc.gov/eeoc/publications/qa_domestic_violence.cfm

http://slideplayer.com/slide/3442802

—

Michigan Sales Representative Act

www.legislature.mi.gov/(S(j2z3y5suxj3adxet0a1eklyt))/mileg.aspx?page=getObject&objectName=mcl-600-2961

www.michbar.org/file/journal/pdf/pdf4article2419.pdf

www.fosterswift.com/publications-Michigan-Sales-Rep-Act-Review-Commission-Agreements.html

www.hamblinlaw.com/michigan-sales-commission-disputes.html

—

Michigan Persons with Disabilities Civil Rights Act

Michigan Persons with Disabilities Civil Rights Act: Employment

www.michigan.gov/documents/PWDCRA10-05_115444_7.pdf

www.michigan.gov/disabilityresources/0,4563,7-223-40879—,00.html

Rehabilitation Act of 1973-Section 504

Individuals with Disabilities Education Improvement Act of 2004

Michigan Special Education & Early Intervention Services

—

Equal Employment Opportunity Commission (EEOC)

www.eeoc.gov

www.facebook.com/USEEOC

https://twitter.com/EEOCNews

https://twitter.com/eeocespanol

www.youtube.com/user/TheEEOC

https://public.govdelivery.com/accounts/USEEOC/subscriber/new

—

Following info from Wikipedia:

All Northern Michigan stations were sold to Black Diamond Broadcasting in 2016 unless otherwise stated

93.9 FM WAVC (Mio; sold to Michigan Broadcasters in 2013)

94.5 FM WLJZ (Mackinaw City; sold to Michigan Broadcasters in 2013)

95.5 FM WQEZ (Glen Arbor)

97.7 FM WCHY (Cheboygan)

98.1 FM WGFN (Glen Arbor)

102.9 FM WMKC (Indian River, previously St. Ignace)

103.7 FM W279CC (Alpena)

105.1 FM WGFM (Cheboygan)

106.3 FM WOEZ (Onaway)

107.1 FM WCKC (Cadillac; sold to Up North Radio in 2016)

1240 AM WCBY (Cheboygan)

The 2010 shakeup

http://www.michiguide.com/archives2010/northern-michigan-up/2010/02

Western Upper Peninsula

All of Northern Star Broadcasting’s stations in Michigan’s Western Upper Peninsula were sold to Sovereign Communications in 2010

92.3 FM WJPD (Ishpeming)

93.1 FM WIMK (Iron Mountain)

94.1 FM WUPK (Marquette)

94.3 FM WZNL (Norway)

99.5 FM WNGE (Negaunee)

1240 AM WIAN (Ishpeming)

1320 AM WDMJ (Marquette)

1450 AM WMIQ (Iron Mountain)

Eastern Upper Peninsula

97.9 FM WIHC (Newberry; sold to West Central Michigan Media Ministries in 2011)

99.5 FM WYSS (Sault Ste. Marie; sold to Sovereign Communications in 2010)

100.7 FM W264CF (St. Ignace; sold to Black Diamond Broadcasting in 2016)

105.5 FM WMKD (Pickford; sold to Sovereign Communications in 2010)

940 AM WIDG (St. Ignace; sold to Baraga Broadcasting in 2008)

1400 AM WKNW (Sault Ste. Marie; sold to Sovereign Communications in 2010)

—

International Bridge Cameras

—

U.P. Breaking News Exclusive: Federal judge declares U.P. infested with drugs like cancer; First guilty pleas in massive heroin/crack pipeline from Detroit to U.P.

“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

youtube:

By Greg Peterson
News Director, Owner
Upper Peninsula Breaking News

**See the federal court documents including emotional letters to the judge from friends/relatives of one of the three who were sent to prison Stephanie Rae Hatch

(Marquette, MI) – A large heroin and crack cocaine pipeline from Detroit to the Upper Peninsula is being dismantled by federal prosecutors who oversaw the sentencing of three co-conspirators last week (June 22, 2016) and there are huge hints that more criminal charges and indictments are expected against others in the drug trafficking organization that can be violent.

“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.”

“Today we are dealing with the Houghton branch of the conspiracy,” the judge said, noting that the kingpin of the conspiracy was also bringing “heroin and crack cocaine to Escanaba.”

Federal prosecutor Paul Lochner said the cases are important to the U.P. because the cycles brought by highly addictive drugs have left a “wrath of social problems” on Yooper and national doorsteps – like meth, heroin and cocaine.

Even though the nickname of a Detroit drug baron and his wife were brought up several times during the sentencings, one federal official pleaded with U.P. Breaking News not to use the name because “lives are at stake” and suggested a temporary pseudonym be used in news coverage.

The kingpin is “good about hiding facts of the conspiracy” from each employee, federal officials said.

For the purposes of this story only and to protect lives, U.P. Breaking News will use the pseudonyms “Mr. Drug Kingpin” and “Mrs. Drug Kingpin.”

“Drugs in Detroit are being spread like a cancer here in the U.P.,” said U.S. District Court Judge R. Allan Edgar, who was presiding over his final sentencings before retirement. “There is really no excuse for it.“

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Federal Judge R. Allen Edgar handed out these sentences:

• Damon Ramone Belcher, a.k.a. defendant “D” received 46 months or three years and 10 months in federal prison

• Corrie Venta Ruth, a.k.a. defendant “C” was sentenced to 41 months or three years and five months in federal prison

• Stephanie Rae Hatch sentenced to 33 months or two years and nine months in federal prison

All were interviewed and officially arrested by Upper Peninsula Substance Enforcement Team (UPSET) agent Ron Koski in Houghton, MI

The three sentencing were each handled separately. But had several uncommon ties – sidebars.

In a rare event during sentencing, an official sidebar with the judge was requested by prosecutors and defense attorneys with their clients at their side. Sidebars are common during trials and sometimes pretrial hearings but rarely during sentencing.

Just to make sure no-one could hear what was being said, federal court officials turned on a white noise machine.

At issue is a major federal investigation into the Detroit to the U.P. of a heroin and crack cocaine pipeline – and high level trafficking of drugs in others areas.

Cooperating witnesses lives may be in jeopardy.

Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.

Federal Prosecutor Paul Lochner painted Ruth as one of “multiple bagmen” in the organization and all said all three were in the game because of greed – “trying to make money.”

Lochner said he hopes the prison sentences will be a “deterrent” and send the message to would-be drug couriers that “easy money is not the answer.”

“It’s a dumb decision,” Lochner said. “The answer isn’t selling narcotics.”

Damon Ramone Belcher and Corrie Venta Ruth were indicted on two counts each of felony “distribution of heroin.”

On Nov. 18, 2015 in Houghton and Lake Linden, Belcher and Ruth “knowingly and intentionally distributed heroin, and aided and abetted the distribution of heroin,” the indictments state.

The defendants and their lawyer ask for leniency:

During each sentencing, Assistant U.S. Public Defender Elizabeth A. LaCosse tried to paint her clients in the best possible light and pleaded for leniency because their respective roles were minor compared to others being investigated in the coke-heroin pipeline.

LaCosse argue that in federal sentencing guidelines there have long been “powder and crack cocaine disparities” in sentencing – that the judge noted was important because crack is much more addictive and powerful – the cooked base of powdered cocaine.

LaCosse reminded the judge about recently changed sentencing guidelines set by the United States Sentencing Commission and that the judge has the discretion to give a prison term appropriate for each person’s involvement in the conspiracy that take into consideration the actual drug weights of involving each defendant.

The judge said he sentenced all three on the “low end” of the federal sentencing guidelines because of their cooperation and relatively minor roles in the conspiracy.

However, Public Defender LaCosse asked the judge to consider an even lower departure because future sentencing commission edicts are expected to give judges even more desecration, but the retiring judge appeared uninterested in reading the tea leaves.

Saying I am a lowly judge, the Judge Edgar said he was going to “administer the guidelines as given” and issues raised by LaCosse are “questions for the sentencing commission to decide.”

After the heart-wrenching information offered by the defense, Assistant U.S. Attorney Paul D. Lochner reminded the judge that the cases are the latest example of the misery brought by drug traffickers in the U.P. – where an untold number of Yoopers are addicted.

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

Damon Ramone Belcher:

With the holidays approaching, Belcher needed “Christmas money” and made a dumb decision.

“He was unemployed” and desperate so Belcher “went back into crime,” said LaCosse, the court-appointed federal defense attorney.

LaCosse argued Belcher’s case is a “unique situation” because he was involved for only “14 days.”

Belcher “was hired (in Detroit) to sit on the bag” of cocaine and heroin as it was transported to the Houghton area by unnamed female conspirators, LaCosse said. Belcher “had no proprietary interest in the conspiracy.”

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

The judge described Belcher as an “enforcer” with a “limited function.” LaCosse described Belcher as “hired help” at the “bottom rung” of the drug pipeline.

“This is a bigger conspiracy” that could involve “all of the U.P.,” LaCosse said. Belcher is not “aware of subsections of the conspiracy.”

LaCosse argued that it wasn’t Belcher “did not transport drugs into the U.P.” However Judge Edgar said Belcher knew about the drugs in the vehicle and his job was to “accompany a female who was carrying drugs” often stashed in private places on their bodies.

“Two weeks and a $10,000 wire transfer” was the entirety of Belcher’s involvement, LaCosse said.

“He is not friends with all these people” involved in the heroin and cocaine conspiracy,” LaCosse said.

LaCosse said Belcher’s family depends on him and that he has taken “ownership (of his crime) and has learned responsibility.”

Belcher has a “mass on his colon” and may “require surgery in the near future,” LaCosse said.

Speaking to the judge before his sentence, Belcher said “I accept full responsibility – I did participate in the conspiracy.”

“I made a bad decision,” Belcher said. “I hope the Court shows some leniency.”

“I accept that what I did was wrong,” Belcher said.

Prosecutor Lochner said Belcher was “only being held responsible for the drugs he was involved with” and the bottom line is Belcher was “hired to come to the U.P. to sell cocaine Houghton.”

“A job he was doing well,” Lochner said. Heroin, cocaine, meth, painkillers (opioids), and other drugs that are being driven into the U.P. are “very addictive and very damaging” to the addict and the community.

Lochner said Belcher may claim he was after Christmas money but was the muscle in a smuggling ring – even if for a brief period..

Locking up people like Belcher and the others in the conspiracy serves “as a deterrent,” Lockner said.

Mr. Belcher should “consider people in Houghton who were fed coke (cocaine) by people like yourself.”

Woman smokes marijuana pipe http://www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

“There has been a big spike in heroin use” in the U.P., Lochner said. From “oxycodone to heroin” the illicit drugs have been “devastating to the (U.P.) community.”

Lockner said Belcher’s “job was to make sure drugs went out and (bring) money back in.”

“They did accompany females from Detroit,” the judge said. The muscle escorting the women and drugs – like Belcher and Ruth – “were entrusted by suppliers downstate to protect the drugs,” Judge Edgar said.

The judge was not happy with Belcher’s criminal record that included “an armed robbery conviction.” Mr. Belcher got “back into criminal activity again – you were up here to make a buck,” the judge said.

As Belcher was being led away by U.S. Marshals, the judge offered a kind word.

“Good luck on your surgery,” Judge Edgar said.

Corrie Venta Ruth:

Ruth “was an idiot for trying to make quick money,” LaCosse said, adding Ruth is a “very nice person – not a street thug.”

However, LaCosse said Ruth grew up in a life surrounded by criminal “recidivism.” She asked Ruth be given credit for time served as he spent two months in the Houghton County Jail before “the (federal) government took over the case.”

Ruth told the judge he apologizes for bringing and “selling drugs” in the U.P.

“I want to apologize to the court,” said Ruth, in asking the judge to show “leniency.” “I apologize to the (U.P.) community.”

“I took the stupid easy route – this is not what I planned to do with myself,” Ruth said.

LaCosse said Ruth “didn’t know where he was going” when ordered by the Drug Kingpins but “did know it involved drug sales.” Ruth was the muscle hired to protect the shipment while the driving was handled by Damon Ramone Belcher, prosecutors said.

Ruth “had no idea about (the) Escanaba” arm of the drug ring, LaCosse said.

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Stephanie Rae Hatch

Hatch allowed those involved in the conspiracy to “use her residence as a place to stay and to sell heroin and cocaine base” commonly known as crack cocaine, the indictments state.

Defense Attorney Theodore J. Greeley

“She was not an organizer or a leader” in the conspiracy said defense attorney Theodore Joseph Greeley, of the prominent U.P. law firm Casselman & Henderson P.C. Of Marquette.

 

Hatch was “not a decision maker” and only knew about the Houghton part of the drug ring – not the Escanaba tentacle, said defense attorney Greeley, the son of U.S. Magistrate Judge Timothy P. Greeley.

Hatch has suffered from substance abuse since childhood – or three quarters of her life – including smoking pot at age 9, drinking alcohol at age 11 and started using cocaine at age 15 – addition to other drugs, defense attorney Greeley said.

She first “had trouble with the law” at age 9, said Greeley.

Greeley argued that judge because crack cocaine is highly addictive – it is not always “cheaper.”

Corrie Venta Ruth, left, was sentenced to 41 months or three years and five months in federal prison. Stephanie Rae Hatch, right, was sentenced to 33 months or two years and nine months in federal prison. Video still by Greg Peterson

Hatch wire transferred money from Houghton drug sales to Detroit area drug suppliers and their associates, the indictments state.

An admitted drug addict, Hatch allowed her home to be “back up house” for the conspiracy to stash and sell crack cocaine and heroin, Greeley told the judge, admitting his client sent wire transfers to the Detroit kingpins from a U.P. Walmart.

The conspiracy facilitates Houghton “drug addicts” who sometimes become dealers “trying to make money” and feed their addictions, prosecutor Lochner said in general but specifically referring to Hatch’s involvement in the conspiracy.

Lockner said once addicts can not afford their drugs “its spirals” and they sometimes sell drugs.

“Next is the sales of drugs,” Lochner said, adding “it supplies their habit – locals help out” the conspiracy.

“It is a public hazard to have her out there” in the community, said Judge Edgar.

Edgar described Hatch as a “local courier” and who “wired drug money to Detroit or someplace.”

“Her home was a staging point for sales,” Judge Edgar said. “She played a pivotal role making sure the money got down” to Mr and Mrs. Drug Kingpin.

Hatch “understood” that she and her home were “essential to the success of the operation in Houghton,” Judge Edgar said,

Unlike her co-defendants, Hatch did not make a statement to the judge prior to sentencing. Hatch’s parents and teenage daughter drove up from Grand Rapids to attend the hearing and show support for their family member.

The Plea Agreements:

Under the agreements, the trio agreed to “fully cooperate” in drug investigations including with the federal Drug Enforcement Administration (DEA) and the Upper Peninsula Substance Enforcement Team (UPSET).

Under an agreement with federal prosecutors, Hatch, Belcher pleaded guilty to count one – felony conspiracy to distribute and possess with intent to distribute heroin and cocaine base.

The charges carried a maximum penalty of 20 years in federal prison that has no parole but the smaller time drug runners received much lower sentences under a plea agreement with federal prosecutors.

The judge waived fines due to defendant’s “inability to pay.”

As part of the plea agreement with the trio, the judge dismissed felony counts two and three – possession with intent to distribute heroin and possession with intent to distribute cocaine base. He also dismissed felony counts four and five against Belcher and Ruth.

Evidence obtained by prosecutors included cocaine base (crack cocaine), heroin, records of wire transfers, two undercover drug buys, prerecorded buy money, cell phone data, Walmart surveillance video, drug packaging, photographs, video of interview with Hatch.

During Ruth’s sentencing, the judge asked about the role of Mrs. Drug Kingpin (and other unnamed females) in the drug network – noting Mr. Drug Kingpin “used” his wife “to protect drugs.”

The federal prosecutor picked his words carefully in describing the hiding of drugs by female couriers.

“Their role is salient,” said Assistant U.S. Attorney Paul Lochner of Marquette. “It’s unique to females – let’s leave it at that.”

The defendants “conspired, confederated, and agreed with each other, and others, known and unknown to the Grand Jury, to distribute and possess with intent to distribute heroin” according to a five-page federal grand jury indictment of the three drug runners.

The judge waived fines due to inability to pay and all were sentenced to three years supervised release after prison, a $100 special assessment and must find jobs upon release from prison perform 20-hours weekly community service.

The trio were ordered to submit to DNA testing and cannot possess firearms, drugs or alcohol, testing and treatment for substance abuse and compete the cognitive behavioral treatment program.

The three were ordered to participate in a Michigan Bureau of Prisons 500-hour residential substance abuse program.

All three were given three years supervised released – a federal form of probation. Despite entering into plea agreements, the judge reminded the trio about their legal avenues for appealing his sentence. The three must complete a “cognitive treatment program.”

Damon Ramone Belcher received 46 months or three years and 10 months in federal prison. Video still by Greg Peterson

They can no longer posses guns, no drugs, no alcohol, undergoing regular drug and alcohol testing, and they can not visit establishments (bars) that serve alcohol, plus attend drug abuse treatment if determined appropriate by the U.S. Probation office. After release, they must serve 20 hours of weekly community service until they find a job.

——-

Related links and info:

——-

United States Attorney Patrick A. Miles, Jr.

https://www.justice.gov/usao-wdmi

U.S. District Court Western District of Michigan

PO Box 698

Marquette, MI

49885

 

906-226-2084 (Mqt office/case manager)

www.miwd.uscourts.gov

www.judicialwatch.org/document-archive/allan-r-edgar-financial-disclosure-report-for-2003

——-

U.S. Magistrate Judge Timothy P. Greeley

www.nmu.edu/criminaljustice/node/75

http://abc10up.com/greeley-reappointed-u-s-magistrate-judge

www.nmu.edu/criminaljustice/node/135

www.miwd.uscourts.gov/content/magistrate-judge-timothy-p-greeley

www.historyforsale.com/html/prodetails.asp?documentid=175357&start=1&page=92

——-

Court appointed defense attorneys for Stephanie Rae Hatch:

Casselman & Henderson P.C.
148 W Washington St.
Marquette, MI 49855

Theodore Joseph Greeley

Sarah Emily Henderson

(906) 228-2855

(906) 228-2863 (fax)

tgreeley@casselmanandhenderson.com

shenderson@casselmanandhenderson.com

——-

Court appointed defense attorney for Damon Ramone Belcher

Assistant U.S. Public Defender Elizabeth A. LaCosse

Elizabeth A. LaCosse
Federal Public Defender – Marquette
925 W Washington, Ste. 104
Marquette, MI 49855

(906) 226-3050
(906) 273-0070 (fax)

beth_lacosse@fd.org

——-

Marquette Federal Prosecutors

U.S. Attorney’s Office

Citizens Bank Building, 2nd Fl.

1930 US 41 W

Marquette, MI 49855

Assistant U.S. Attorney Paul Lochner

(906) 226-2500

Email:

paul.lochner@usdoj.gov

Asst. U.S. Attorney Maarten Vermaat

(906) 226-2500

Maarten.Vermaat@usdoj.gov

www.justice.gov/usao/miw/news/2012/2012_0525_VProtasoff.html

www.foxnews.com/entertainment/2010/07/12/attorney-actor-john-stamos-fling-year-old-student/

Asst. U.S. Attorney Hannah Bobee

(906) 226-2500

Hannah.Bobee@usdoj.gov

She is native American and and an enrolled member of the Sault Ste. Marie Tribe of Chippewa Indians

www.rosettelaw.com/attorney-bio-bobee.html

www.justice.gov/dea/divisions/det/2013/det061913.shtml

www.leadershipdirectories.com/profiles/Hannah-Bobee-Assistant-US-Attorney-Marquette-%28MI%29-Office-.htm

——-

Federal Judge R. Allan Edgar

U.S. District Court Judge R. Allan Edgar

U.S. District Court Western District of Michigan

P.O. Box 698
Marquette MI 49855

Office Phone: (906) 226-2084
Case Manager: (906) 226-2084

www.miwd.uscourts.gov/content/judge-r-allan-edgar

Judge R. Allan Edgar

A Marquette native, Edgar spent most of his career in Tennessee, first an attorney and then elected to the Tennessee House of Representatives. President Ronald Reagan appointed Edgar as a U.S. District judge in 1985.

His parents me at the Civilian Conservation Corps camp in Big Bay, MI.

Until age 13, Edgar lived as a child on West Magnetic Street in Marquette, MI

The family moved in 1953 when his his father got job in Tennessee.

The future Judge Edgar still spent summers in the U.P. with his grandparents and worked a summer job out at the exclusive Huron Mountain Club in Big Bay, MI.

Photo of Judge R. Allan Edgar by David Laprad, Hamilton County Herald

www.hamiltoncountyherald.com/Story.aspx?id=1210&date=4%2F16%2F2010

www.miningjournal.net/page/content.detail/id/564345/Home-again–Judge-has-U-P–roots.html?nav=5006

https://en.wikipedia.org/wiki/Robert_Allan_Edgar

——-

Court Reporter Sandy Larson

Case Manager C.A. Moore

U.S. Probation Officer Matthew Luce

——-

Woman smokes marijuana pipe http://www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

Heroin Is the Most Dangerous Way to Increase Your Creativity

www.vice.com  Photo via WikiMedia Commons.

https://upload.wikimedia.org/wikipedia/commons/5/5b/Heroin_asian.jpg

 

Woman-smoking-marijuana-pipe-by-Jonathan-Piccolo-Creative-Commons.jpg

www.psypost.org Photo credit: Jonathan Piccolo (Creative Commons)

 

Gorgeous Vintage Advertisements for Heroin, Cannabis and Cocaine …

www.pinterest.com

 

Bottles Heroin, Old Medicine Bottles, Drug Ads, Gorgeous Vintage, Vintage Ads, Vintage Advertisements, Drug Poster

https://www.pinterest.com/pin/97742254388543272

 

Take Two | The rise of Oxycontin addiction and abuse

www.scpr.org

OxyContin causes more overdoses than heroin and cocaine combined, according to a report by the Centers for Drug Control. Vitualis/Flickr/Creative Commons

Vancouver Drug Reform Group: Why Decriminalizing Hard and Soft Would Reduce Use In Canada

www.isciencetimes.com

Vancouver issued a report today urging the government to decriminalize all drugs–including hard drugs like heroin and crack. (Photo: Creative Commons)

Photo by wikipedia username Argv0 on Nov. 3, 2015 of two grams of cocaine

Argv0 talk contribs

——-

Upper Peninsula Breaking News

Greg Peterson

News Director, Owner

Upper Peninsula Breaking News

UpperPeninsulaBreakingNews@gmail.com

906-204-2249 (hm)

906-204-0848 (cell)

www.UPBreakingNews.com

https://twitter.com/UPBreakingNews

https://www.facebook.com/UpperPeninsulaBreakingNews

https://www.youtube.com/UPBreakingNews

——-

 

 

 

U.P. Breaking News Exclusive: KBIC tells state of Michigan to stop committing federal crimes against Native Americans in ongoing dispute over cigarette taxes and more

At issue, millions of dollars in tobacco revenues

Northern Michigan tribe accuses state of Michigan of persecuting tribes by unleashing federal crimes against Native Americans and interfering with tribal commerce in fight over cigarette taxes

(Above) KBIC charges as stated in 20-count federal complaint

 

Seneca versus the state of Michigan: Tax hungry Michigan settles tobacco agreements with 10 of Michigan’s 12 Native American tribes – but two Upper Peninsula tribes says its government creep into tribal business and KBIC tells Michigan to back off

U.P. Breaking News Exclusive: KBIC tells state of Michigan to stop committing federal crimes against Native Americans in ongoing dispute over cigarette taxes

By Greg Peterson

Upper Peninsula Breaking News

(Marquette, MI) – The Keweenaw Bay Indian Community is not backing down – and in fact is ratcheting up – its decades long battle with the state of Michigan over the taxing of cigarettes.

Reacting to the threat of possible criminal charges and claiming its being coerced by the state, the tribe recently filed a 20-count, 60-page federal tribal rights lawsuit against four state officials in charge of enforcing and collecting taxes for cigarette sales and more.

The May 20 suit stems from large cigarette seizures by state police including in February and December 2015.

During the the Feb. 8 incident, state police seized of 184 cases of untaxed Seneca cigarettes amounting to over 11,000 cartons valued at nearly $200,000 during separate traffic stops by state police.

Tribal officials said the confiscated smokes were going to be sold on the reservation – therefore the state has no right to seize the cigarettes that are manufactured by Native Wholesale Supply Company, a tribal-chartered corporation that distributes tobacco products and is based in Perrysburg, NY on the Seneca Nation and operated by a Native American.

Meanwhile, in December over 3,300 cartons of untaxed Seneca brand smokes valued at nearly $66,000 were seized by state police. KBIC bought the cigarettes from an economic development arm of the Winnebago Tribe of Nebraska. The cigarettes were confiscated after tribal member John Davis was stopped by state police on U.S. 41 in Ely Township in west Marquette County.

“Davis was stopped by Michigan State Trooper (Chris) Lajimodiere, purportedly for speeding. However, no

speeding citation was ever issued,” the lawsuit states. Under forfeiture laws, state police also confiscated the pickup truck Davis was driving and the trailer that was used to haul the smokes.

KBIC is asking for immediate relief from a federal judge in the form of an injunction to stop the state from illegally seizing untaxed tribal cigarettes in a scheme the tribe alleges violates federal law.

The suit names several articles in the U.S. Constitution including the “Supremacy” clause that prohibits the feds from “unilaterally claiming federal supremacy over Indian tribes,” and 1983 Indian Traders Statues that cover Native Americans doing business, and a “Commerce Clause” in the Constitution that protects Native American business owners. The suit also sites an 1842 treaty between the Chippewa and the U.S. government involving ceded lands and commercial trade in Indian Country.

The seizures were scored by the MSP Eighth District Tobacco Enforcement Team assisted by MSP Troopers from the Iron Mountain Post. State police stopped KBIC cigarette delivery trucks in Iron County and Marquette County. The Michigan Attorney General’s office is continuing its investigation into the latest state police seizures of cigarettes without a tax stamp.

After the seizures, the tribe issued a statement saying it will not “be forced by the state of Michigan to enter into a tax agreement that would subject KBIC to a one-sided, burdensome state process.”

The lawsuit is the latest in an ongoing tax battle between the state and the KBIC. Michigan has imposed an excise tax on cigarettes since 1947 and that tax has risen many times bringing in nearly a billion dollars annually to the state to help finance education, the Healthy Michigan Fund, and the Medicaid Fund.

KBIC says it is illegal for the state to seize cigarettes intended for its members – and cited the state’s complicated tax systems including the Michigan Sales Tax Act, the Michigan Use Tax Act and the Michigan Tobacco Products Tax Act (aka Tobacco Products Tax Act).

Michigan Secretary of State Ruth Johnson

Michigan Treasurer Nick A. Khouri

The defendants are Michigan Treasurer Nick A. Khouri, Michigan Secretary of State (SOS) Ruth Johnson, Michigan Treasury Dept. Native American Affairs Specialist Walter A. Fratzke; and Michigan State Police Sergeant Christopher Crowley, who is responsible for enforcing and investigating violations of Michigan tax law, including the Tobacco Products Tax Act

Upper Peninsula Breaking News left messages for KBIC tribal attorney Danielle Webb and Skip Durocher, a Minneapolis attorney representing the tribe. Messages seeking comment were sent via email to Tribal Council President Warren “Chris” Swartz, KBIC CEO Larry Denomie and asst. CEO Sarah Maki.

Michigan Attorney General Bill Schuette

The Michigan Attorney General Michigan Attorney General Bill Schuette’s office was efforting a possible statement even though the long Memorial Day weekend is underway. KBIC has over 3,600 enrolled members and over 1,000 live on the reservation or trust lands.

 

The tribe accuses state officials of illegally enforcing the Michigan Tobacco Products Tax Act, in “a manner that violates federal and state law and impermissibly restricts the Community’s rights to purchase, sell, and transport tobacco products free from unlawful Michigan tobacco products taxes and free from other unlawful and impermissible seizures and other burdens,” the suit states.

The suit accuses Michigan officials of enforcing the Use Tax Act in a manner that “violates federal and state law and impermissibly restricts the Community’s and Community members’ rights to purchase, lease, rent, use, store, and consume tangible personal property and services free from unlawful Michigan sales and use taxes and free from other unlawful and impermissible burdens.”

A 20-year agreement (1977-1997) between tribes and Michigan over smokes and other tribal tax issues was terminated by the state. That pact covered taxes on cigarettes and gas. After the state terminated the pact, KBIC began to sell tobacco products on reservation and trust land to both natives and non-natives without the state’s tax stamp. That agreement allowed tribal members to purchase many items without paying a state sales tax including cars, trucks, snowmobiles, boats, airplanes, homes and items needed to build a home.

In recent years, tribal members have submitted claims to the state on these items and other concerns like expensive prescriptions. The vast majority of the claims have been rejected, a handful were approved by the state, and others are missing in action, the lawsuit alleges.

The State has entered into tax agreements with 10 of the 12 federally recognized Indian tribes located in Michigan. Agreements have not been reached with Keweenaw Bay Indian Community and the Lac Vieux Desert Band of Lake Superior Chippewa Indians. The burden of collecting and paying taxes on tobacco products is on the tribes – not something that sits well with KBIC officials.

The tribe sites additional hours for several employees each month to accurately determine how much is owed the state. Because the state requires the tribes to purchase cigarettes on which taxes have already been paid, among the duties of the tribe is to file tobacco tax forms – and that allows the state to hold on to tribal monies until the refund paperwork is filed.

U.S. Magistrate Judge Timothy P. Greeley referred the case to a trial judge – the honorable federal judge Robert Holmes Bell – who ruled against the tribe in an earlier lawsuit..

The tribe lost a similar federal tribal rights lawsuit that was filed on March 27, 2008 and decided by the Sixth Circuit U.S. Court of Appeals on June 26, 2009 – as the appeals court upheld a ruling by Judge Bell that stated the court is “entering a judgment in favor of defendants on all of plaintiff’s remaining claims.”

In the 2008 suit, Judge Bell ruled KBIC “has not prevailed on the merits of its claims” and KBIC “is not entitled to permanent injunctive relief.” KBIC even lost its claim to cover attorney’s fees and other costs. However, in its suit, the tribe claims the judge left the door open to return to court depending on appeal’s court rulings on law important to the case.

The tribe is suffering an “economic burden” because the “tribal retailer must wait for tobacco tax refunds and suffers a loss of use of funds during this time period,” Judge Bell stated in his Sept. 2005 opinion on the original lawsuit.

However, Judge Bell ruled that “the state’s interests in collecting the cigarette tax clearly outweighs the tribe’s interests in marketing a tax exemption.”

Judge Bell noted the U.S. Supreme Court has “never approved a tax refund system for Indian cigarette sales” adding “there is no evidence” that the nation’s highest court “has ever considered a refund system such as that used by Michigan.”

“The revenue it derives from the sale of cigarettes to non-Indians comes not from value generated on the reservations but from the marketing of a state tax exemptions,” Judge Bell wrote. The KBIC “sales of untaxed cigarettes also threaten the economic welfare of non-tribal stores in the area that sell cigarettes”

In the early 2,000s, the Michigan State Police Tobacco Tax Team made numerous KBIC related raids in several U.P. Counties seizing thousands of cartons of untaxed smokes at locations that included the tribe’s casinos in Baraga and Harvey, plus the U.S. Postal Service regional distribution center in Kingsford.

The tribe says it will loose millions in revenue. In fact, its no secret that non-native smokers – who are paying high Michigan taxes on cigarettes sold on non-tribal lands – sometimes make special trips to KBIC casinos or to the Pines Convenience Center and Smoke Shop, the tribal convenience store on U.S.-41 in Baraga. The tribe also sells cigarettes at the Rez Stop, a gas station convenience store in L’Anse.

For example, KBIC stated in court documents its 2001 revenues from untaxed cigarettes of nearly $557,000 dropped to $126,000 in 2002. The tribe and state have worked on various ways to resolve the problem including quotas on how many untaxed cigarettes KBIC can sell each year to natives – and not the public.

However those efforts led to additional accusations including that one KBIC member who bought up to 150 cartons of tax-free cigarettes each month and was selling the smokes on the internet. Plus non-native retailers in the area complained to the state treasury department that the tribe had an unfair advantage selling untaxed cigarettes.

One state proposal involved a quota of 3.2 million untaxed cigarettes annually, but the tribe counter put the quota at 8 million individual cigarette sticks. In 2004, the tribe started limiting natives to two cartons per week of untaxed smokes at a cost of $25 per carton, while non-members would pay $30 per carton.

All the defendants are being sued “in official and individual capacities.”

Treasurer Khouri oversees an “agency that administers and enforces the Sales, Use, and Tobacco Products Tax Acts.” The department’s Native American Affairs Specialist Fratzke “is the department official charged with administering, enforcing and applying federal and state laws to Michigan tribes and tribal members as they involve Michigan taxes, including sales, use, and tobacco products taxes..”

MI SOS Johnson “manages and administers programs and services” including the Sales and Use Tax Acts” involving “motor vehicle transactions.” MSP Sgt. Crowley “coordinated, authorized, and executed the seizures of tobacco products” and other KBIC “community property at issue in this action.”

Agreements between the state and tribes are in place with these communities:

Bay Mills Indian Community

Grand Traverse Band of Ottawa and Chippewa Indians

Hannahville Indian Community

Little River Band of Ottawa Indians

Little Traverse Bay Bands of Odawa Indians

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians

Nottawaseppi Huron Band of Potawatomi Indians

Pokagon Band of Potawatomi Indians

Saginaw Chippewa Indian Tribe of Michigan

Sault Ste. Marie Tribe of Chippewa Indians

www.saulttribe.com/government/240-government/tribal-tax-agreement/1358-tribal-tax-agreement

Tribal Homes Pages:

Bay Mills Chippewa Indian Community

Grand Traverse Bay Ottawa and Chippewa Indians

Hannahville Potawatomi Indian Community

Keweenaw Bay Indian Community

Lac Vieux Desert Band of Lake Superior Chippewa Indians

Little River Band of Ottawa Indians

Little Traverse Bay Band of Odawa Indians

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Gun Lake Tribe

Nottawaseppi Huron Band of Potawatomi

Pokagon Band of Potawatomi

Saginaw Chippewa Tribe

Sault Ste. Marie Tribe of Chippewa Indians

Michigan Sales Tax Act

Michigan Use Tax Act

Michigan Tobacco Products Tax Act aka Tobacco Products Tax Act

www.michigan.gov/taxes/0,4676,7-238-43519_43529—,00.html

http://search.michigan.gov/search?affiliate=mi-taxes&query=tribe

www.michigan.gov/documents/taxes/4765_329211_7.pdf?20160527101322

https://www.michigan.gov/som/0,1607,7-192-29701_41909_42804—,00.html

http://tribal.golearnportal.org/return.php

www.michigan.gov/sos/0,4670,7-127-49534—,00.html

www.michigan.gov/sos

https://en.wikipedia.org/wiki/Ruth_Johnson

www.michigan.gov/treasury

www.michigan.gov/treasury/0,4679,7-121-1755-352726–,00.html

www.michigan.gov/msp

KBIC:

CEO Larry J. Denomie III

Assistant CEO Sarah Maki

KBIC Tribal Center

16429 Bear Town Road

Baraga, MI 49908

larryd@kbic-nsn.gov

sarah@kbic-nsn.gov

(906) 353-6623 ext. 4104

Previous suit:

http://caselaw.findlaw.com/us-6th-circuit/1309198.html

http://narf.org/nill/bulletins/dct/documents/rising.html

Michigan State University Law Prof. Matthew L.M. Fletcher

“Keweenaw Bay Indian Community Sues over Michigan Sales & Use and Tobacco Taxes by Matthew L.M. Fletcher on May 23, 2016

 

517-432-6909 Intercom: 190

matthew.fletcher@law.msu.edu

https://turtletalk.files.wordpress.com/2016/05/complaint.pdf

https://turtletalk.files.wordpress.com/2009/05/michigan-appellee-brief.pdf
Fletcher is Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He is the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Pokagon Band of Potawatomi Indians, the Hoopa Valley Tribe, and the Nottawaseppi Huron Band of Potawatomi Indians. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians, located in Peshawbestown, Michigan. In 2010, Professor Fletcher was elected to the American Law Institute.

The Keweenaw Bay Indian Community sells tobacco at The Pines Convenience Center, a gas station and convenience store in Baraga, Michigan. Photo from Facebook

www.indianz.com/m.asp?url=https://www.facebook.com/thepinesconveniencecenter

State Police troopers seize cigarettes headed to KBIC businesses (WLUC 2/16)

http://uppermichiganssource.com/news/local/state-police-troopers-seize-cigarettes-headed-to-kbic-businesses

Tribe: Cigarette seizures infringe on sovereignty (The Houghton Daily Mining Gazette 2/17 by Dan Roblee droblee@mininggazette.com)

http://www.mininggazette.com/page/content.detail/id/551069/Tribe–Cigarette-seizures-infringe-on-sovereignty.html?nav=5006

Tobacco taxation old battle for KBIC, state (The Houghton Daily Mining Gazette 2/17)

www.mininggazette.com/page/content.detail/id/551070/Tobacco-taxation-old-battle-for-KBIC–state.html?nav=5006

Tribal tax battles across U.S.

http://indiancountrytodaymedianetwork.com/2012/03/09/state-versus-tribe-tobacco-issues-resurface-101636

Marquette Sunday Stabbing Scene Photos by Greg Peterson

Here are photos I took this morning (Sunday 11-9-14) at the stabbing in Marquette in an incident that spread along Division Street near Mesnard St. – and involved at least two residences.

Two hurt, one of those arrested.

Read more here:

http://abc10up.com/mqt-police-probe-reported-stabbing/

Mandatory credit if you use them – and free to general public – but professional news organizations must pay a small fee and call me:

906-204-2549

Mandatory credit:

Courtesy Greg Peterson, News Director at ABC10 CW5 and UpperPeninsulaBreakingNews.com

The TV stations contracted me thru my business (UpperPeninsulaBreakingNews.com) – to be the News Director (WBKP-WBUP aka ABC 10 CW 5).
906-204-2549 (hm/office)
906-204-2436 (wk TV)

greg@abc10up.com

UpperPeninsulaBreakingNews@gmail.com