Thursday, May 6, 2010

24-Year-Old Saratoga Springs, Utah Resident Clark Kimble Maxed Out On Lifetime Insurance Cap, Needs Bone Marrow Transplant


The individual pictured above is the subject of a story on KSL Channel 5 on May 6th, 2010. Twenty-four-year old Clark Kimble has maxed out on his lifetime insurance coverage allowance, needs a bone marrow transfusion,and so far, Medicaid has refused to pay for it.

His saga began in July 2009. Kimble was in the peak of good health and had a good job with a cell tower construction company. The company provided reasonably good insurance coverage with Humana. Then he was struck by a rare virus, fulminant hepatic failure, which is a life-threatening liver disease, and needed a liver transplant and multiple surgeries. According to Kimble, he's now had 18 surgeries, as well as associated blood transfusions. Eight of those surgeries took place during July-August 2009 alone. The $2 million maximum lifetime insurance cap was reached, but he still needs a bone marrow transfusion. Now he only has Medicaid, although the Obamacare health care bill would eliminate the lifetime caps. But Medicaid doesn't want to pay for the bone marrow transfusion because they consider it too risky (not a sufficiently high probability of success).

But Dave Lewis, communications director of the Utah Department of Workforce Services, says that Kimble can apply to re-open the case. "He has until the end of the month that he can go visit social security, apply for the disability benefit and provide verification...We can reopen the case, no loss in coverage." And there's supposed to be a hearing next week.

Meanwhile, family and friends are rallying around the guy they call Super Clark, putting up a blog, raising money and urging Medicaid to cover the bone marrow procedure. For more information, visit the blog at the following URL:

http://superclarkkimble.blogspot.com/

Kimble has a Facebook page HERE. Also read this powerful testimonial about Kimble by a member of his LDS Singles ward. This letter also provides names and phone numbers of people who can be contacted if you want to help Kimble. Or you visit this direct link to Kimble's page on the National Foundation of Transplants site. Kimble's story shows how unpredictable life can be, and how challenges can seemingly emerge from nowhere.

Tuesday, May 4, 2010

Assailants Of D.J. Bell And Dan Fair Appear In Court In Salt Lake City, Want Charges Dropped, Complain About Not Being Allowed To Start Website

Seven people accused of assaulting a D.J. Bell and Dan Fair on July 4th, 2008 appeared in court on Tuesday May 4th, 2010, and at least one of their attorneys wants the case dropped. Primary stories published by the Deseret News, KSL Channel 5 and KSTU Channel 13. This case has been previously documented on this blog in this series of posts, in reverse chronological order. Bell and Fair tell their story on Injustice801. KSL news video:

Video Courtesy of KSL.com



Attorneys for the defendants say their clients are the victims in the case. Five of them appeared in court together: Lulu Latu, Lisa Aiono, Marsha Finau, Angelina Dibella and David Mageo. Two others, Ricky Peace and Ietitaia Nuusila, are in custody. Prosecutors charged some of them with riot, others with aggravated assault, for allegedly beating David James "DJ" Bell and his partner, Dan Fair, in their home after a Fourth of July party in 2008. The charging documents are still available HERE; the particulars, as previously listed HERE:

— Tapululululu "Lulu" Latu, 30, charged with riot, a third-degree felony. It is believed she deliberately waited until after her five cohorts staged the home invasion before calling 911.

— Lisa Rita Aiono, 26, charged with riot, a third-degree felony.

— Marsha Rae Finau, 30, charged with riot, a third-degree felony.

— Angelina Janae Dibella, 31, charged with riot, a third-degree felony and assault, a class A misdemeanor.

— Ricky Ian Peace, 33, charged with aggravated burglary and aggravated assault, first-degree felonies, and riot, a third-degree felony.

— Ieti David Mageo, 32, charged with aggravated burglary and aggravated assault, first-degree felonies, and riot, a third-degree felony. Mageo also has a criminal history of previous home invasions.

— Ietitaia Tavita Nuusila, 26, charged with aggravated burglary and aggravated assault, first-degree felonies; riot, a third-degree felony; assault, a class A misdemeanor; and giving false personal information to a peace officer, a class A misdemeanor.

Lisa Aiono's defense attorney Clayton Simms says that, according to the District Attorney's Office, the defendants originally did nothing wrong, and now they're changing theories. He's concluded that charges should never have been filed. Furthermore, according to this April 23rd KSTU story, Ricky Peace is claiming that prosecutors promised him he would not face felony charges for the self-incriminating testimony he gave during D.J. Bell's kidnapping trial. Simms also filed a motion to dismiss because he thinks the state has taken too long to file the charges. Potentially more controversial, however, is Simms' request that the DA's office recuse itself because one of the prosecutors in the kidnapping trial now appears on the state's witness list.

Meanwhile, Taylor Hartley, who is defending Lulu Latu, is unhappy that Judge Judith Atherton ordered his client not to put up a website that describes her point of view, what happened and asking for support, despite the fact that Bell and Fair have told their story on Injustice801. Hartley claims that the judge's decision violates her first amendment rights.

Hartley's on solid ground here. If Bell and Fair can have a website which explains their story to the public, then the seven accused assailants should also be allowed to put up a website which allows them to explain their own position. That would preserve a level "public relations" playing field. The only caveat I would attach is that the content of Lulu Latu's proposed website would have to be vetted by a judge to ensure nothing of a libelous or defamatory nature be published. The alternative would be to require Bell and Fair to take down their website during the trial, but this would be impractical, since the story has been published on other websites.

Their next scheduled court appearance will be in July. They are under an order to have no contact with Bell and Fair.

As for Bell, he says he still fears for his life. He says he's been taunted, and there have been threats made against him on websites like Facebook. He says he would like to see plea deals in the case to get it over with. "I've been the victim of two crimes: one, an assault; and the other, a lie that caused my trial in the first place. And it's destroyed my life, and I want to get it back," Bell said. Dan Fair also weighed in; "We are very sincere about seeing our attackers put behind bars".

Saturday, May 1, 2010

Approximately 500 Latinos Rally In Salt Lake City On May 1st Against Arizona's Immigration Law; It Could Have Been A Field Day For ICE

A crowd of approximately 500 people, overwhelmingly Latino, rallied against Arizona's controversial immigration enforcement law in Salt Lake City on May 1st, 2010, and Immigration and Customs Enforcement (ICE) could have had a field day, if we had given them permission. The "Dignity Rally" at Salt Lake City's Centro Civico Mexicano, 155 S. 600 West, was a show of solidarity for the 500 or so who attended. They carried signs in support of national immigration reform and chanted "¡Sí se puede!" or "Yes we can!" One patriot who showed up in opposition, Thomas Williams of Vernal, was mobbed by the crowd with competing signs and catcalls; when it started getting uglier security people escorted him out. Media stories published by the Salt Lake Tribune, the Deseret News, KSTU Channel 13, and KSL Channel 5. KSL news video embedded below:

Video Courtesy of KSL.com



The gathering was one of about 70 May Day rallies and marches that took place across the country Saturday as part of the National Day of Action for Latinos, according to Latino gadfly Tony Yapias, who organized the Utah event. "The federal government has addressed health care reform and financial reform. Now we want comprehensive immigration reform," he said, adding that the passage of the Arizona law has just intensified things. Yapias estimates there are 100,000 illegal aliens in Utah. The Arizona law, originally known as SB 1070, makes it a state crime to be in the country illegally. It allows police to question people who they suspect are not citizens about their status and to ask to see documents. Critics claim the law will lead to racial profiling and are calling for boycotts of the state.

In response to the profiling concern, Arizona Governor Jan Brewer has since signed a modified version of the law, HB 2162, which bars race from being considered when deciding whether to inquire about a person's status, "except to the extent permitted by the United States or Arizona Constitution." The bill also clarifies that law-enforcement officers shall inquire about the immigration status only of those they "stop, detain or arrest"; in contrast, the earlier bill simply said "contact." This change effectively bars a cop from stopping someone simply because he "looks like an illegal immigrant". The cop will have to observe another violation of the law first before making the stop. After making the stop for another reason, the cop is then authorized to enquire into the immigration status of the detainee.