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Lyn Lobdell
Secretary

GOSHEN — Prosecutors won't appeal an Orange County Court judge's rulling that dismissed a weapon-possession charge against an off-duty Coast Guard member from Newburgh.

The decision means that Judge Robert Freehill's ruling will stand as one of the first tests of the Law Enforcement Officers Safety Act of 2004, which exempted certain police officers and retired officers from local laws regulating concealed weapons.

Freehill ruled last week that Petty Officer Benjamin Booth was a qualified law enforcement officer under the federal law, because the scope of his duties includes making arrests as a boarding officer.

Prosecutors argued that Booth, who was charged with second-degree criminal possession of a weapon last year, was carrying a weapon in his car without a permit, and wasn't allowed by the Coast Guard to carry a gun while he was off-duty.

Mark Schuh, a Middletown police lieutenant and a practicing lawyer who teaches law at mid-Hudson police academies and at in-service training in Middletown, said he'll incorporate the decision into future classes.

"For a law that is four years old, it has remarkably little authority interpreting it," Schuh said. "So any case interpreting LEOSA is a step toward clarification."

Booth isn't out of the woods yet. Freehill ruled that carrying an unlicensed handgun off-duty is likely a violation of Coast Guard regulations, even though it's not a violation of the law. Booth is also facing a federal charge of receiving the handgun in question from a Massachusetts gun dealer in 2005 without having the necessary license to collect, deal or import firearms. He's free on $20,000 bond while he fights that case.

On Friday, Senior Orange County Assistant District Attorney David R. Huey said that "in view of the facts and circumstances of the case, and in light of the charge that's pending in federal court," the district attorney's office decided against an appeal of Freehill's order.

The order was posted on the Internet this week by the New York Law Reporting Bureau, which doesn't usually publish the full text of decisions from the county courts outside New York City. The bureau says it makes exceptions for cases that are seen as having precedential value or public importance.

Congress passed LEOSA as a way of beefing up anti-terrorism resources in the wake of the 2001 attacks on the World Trade Center and the Pentagon.
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Law Enforcement Officer Safety Act (Commonly Known As HR218) qualification is now scheduled by Prince George's Community college.
Call 301-322-0187 or 0175for details.
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Please remember that the active member list, retirees list and the retired association lists are protected by the by-laws.  These lists can not be used for commercial or political purposes.
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Call to Order:

Prayers:  The membership prayed for and remembered Jim House who died on May 31and Sammie Willis who died on June 2.

The membership was notified that Max Jones was home and recovering. We asked God to look after Butch Italiano who fell off a ladder and was hurting.

Pledge of Allegiance:

New Retirees:  None

Seldom Scene:  John Perdue, Ray Gheen, and Tony Amoia with a special welcome to Gerry Assorgi whose first trip after his surgery was to come to his roots at FOP Lodge 89.

Treasurers Report: The Treasurer has $19,185

Old Business:

The Florida Reunion Trip is tomorrow. I will write a report when I get back.

The Concerns for Police Survivors motorcycle ride is June 22 at the Howard County Fairgrounds.

Lunch with Charlie Ward for June: June 11 Lone Star, Lexington Park 1100 hours; June 24 The Crystal Palace , Prince Frederick; June 25 The Country Buffet ,Annapolis 1100 hours.

Pensions The County contributed $40 million to the pension plan in fiscal 2008, in April 30 the plan gained 2.8% but was down year to date 1.7%, as we explore other Pensions in seeking Post Retirement Increases we are finding ours is the only one in the area who allows 60% at 20 years, MPDC went back to 25 year retirement in 1980’s and Baltimore County this year,

In the upcoming weeks the FOP will be printing another newsletter, Look for Vice President Dean Jones’s and my articles on the Pension.

Please take a chance on the FOP Cruise. The winner wins a cruise for two. The proceeds go to the Fallen Officers Memorial Fund

FOP news: Vice President Dean Jones reports:

 *     President Canales was attending a function in Baltimore City.
 *     Vice President Jones thanked all who attended the FOP Memorial service.
*      When the statue for the Memorial arrives there will be a dedication.
*       President Canales has signed the contract to purchase the Jones property in front of the Lodge.
        (The land with the old red building you see when you turn off of Largo Road.)
*        Please make your deposit for the FOP Cruise by July 4.
*        Dean spoke on the unfair amount of jail time given to member Keith Washington. Keith was found guilty
         of involuntary manslaughter and was given 45 years. Think back to the 12 years the murderers of
         Brother Carlton Fletcher and the 12 years they received.
*       The trial of member Scott Campbell will begin soon. Scott is charged with the accident on the beltway
         while pursuing a motorcycle.
*        The fatal accident in Bowie involving an active member will be sent to the Grand Jury.
*        Beach Blast Part at the Lodge on June 13, State FOP meeting here on June 14.
*         Second Vice President Kerry Watson spoke on how the on board cameras record continuously,
          even when turned off, and the 30 seconds before it is turned on will be on the tape

New Business:

We will be asking for help preparing the FOP newsletters for mailing to the retirees.

The Ocean City Reunion flyer will be out soon.

Officers Reports:  State Lodge President Bartlett was attending the same function as President Canales.

Committee Reports: The committee reviewed a request for financial assistance from a group called TAPS.
The committee will seek additional information about the group.

Raffles: 50/50 was won by Mike Jarvis $87.

The Attendance Raffle is at $200. Due to Assistant Secretary Nelson not being available to attend there will be two drawing next month.

Attendance:  There were 35 Brothers and Sisters in attendance.  It should be noted  severe weather including a tornado in Chesapeake Beach among other areas limited the attendance as power was out to hundreds of thousands.

Good of the Order: Nothing

Dinner:  To Blessed to Be Stressed provided baked chicken, rice, greens and cookies.

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