October 23, 2008 Part 2


BIKERNET NEW THURSDAY SPORTS PAGE

Continued From Page 1

Bartelsbig

Ever Heard of the Bakken Formation?–Google it or follow this link. It will blow your mind.http://www.usgs.gov/newsroom/article.asp?ID=1911The U.S. Geological Service issued a report in April (’08) that onlyscientists and oilmen knew was coming, but man was it big. It was arevised report (hadn’t been updated since ’95) on how much oil was inthis area of the western 2/3 of North Dakota; western South Dakota; andextreme eastern Montana … check THIS out:

The Bakken is the largest domestic oil discovery since Alaska ‘s PrudhoeBay , and has the potential to eliminate all American dependence onforeign oil. The Energy Information Administration (EIA) estimates it at503 billion barrels. Even if just 10% of the oil is recoverable… at$107 a barrel, we’re looking at a resource base worth more than $5.3trillion.P’When I first briefed legislators on this, you could practically seetheir jaws hit the floor. They had no idea.’ says Terry Johnson, theMontana Legislature’s financial analyst.’This sizable find is now the highest-producing onshore oil field foundin the past 56 years,’ reports The Pittsburgh Post Gazette. It’s aformation known as the Williston Basin , but is more commonly referredto as the ‘Bakken.’ And it stretches from Northern Montana, throughNorth Dakota and into Canada .

For years, U.S.oil exploration has beenconsidered a dead end. Even the ‘Big Oil’ companies gave up searchingfor major oil wells decades ago. However, a recent technologicalbreakthrough has opened up the Bakken’s massive reserves… and we nowhave access of up to 500 billion barrels. And because this is light,sweet oil, those billions of barrels will cost Americans just $16 PERBARREL!That’s enough crude to fully fuel the American economy for 41 yearsstraight.

2. [And if THAT didn’t throw you on the floor, then this next one should- because it’s from TWO YEARS AGO, people!] U.S.Oil Discovery- LargestReserve in the World! Stansberry Report Online – 4/20/2006 Hidden 1,000feet beneath the surface of the Rocky Mountains lies the largestuntapped oil reserve in the world is more than 2 TRILLION barrels.They reported this stunning news: We have more oil inside our borders,than all the other proven reserves on earth. Here are the officialestimates:

– 8-times as much oil as Saudi Arabia
– 18-times as much oil a s Iraq
– 21-times as much oil as Kuwait
– 22-times as much oil as Iran
– 500-times as much oil as Yemen

And it’s all right here in the Western United States!James Bartis, lead researcher with the study says we’ve got more oil inthis very compact area than the entire Middle East -more than 2 TRILLIONbarrels. Untapped. That’s more than all the proven oil reserves of crudeoil in the world today, reports The Denver Post.

BIKER OR NOT Group Shot 01b

BIKER OR NOT– is one of the many internet groups that are very popular with motorcycle riders. People start off on a site and get to know each other and then progress to gatherings like the one they held on Friday during Biketoberfest at the Iron Horse Saloon on US1 in Ormond.

The gatherings are called Meet and Greets and allows everyone to get together in a neutral setting.

I try to attend a different one of these from time to time to meet new people. If you are interested in this you can check them out at http://www.bikerornot.com/

Just to be fair I should note that there are Numerous site that are similar in nature and you can find many through search engine on the internet.

–Rogue

Chopper Challenge

CHOPPER CHALLENGE IS ON TOUR NOW–Be sure to catch the mini-marathon of season 1! This Thursday night on CMT (Country Music Television)! Please check our local listings and tune in!

Go to http://www.cmt.com/shows/dyn/chopper-challenge/series_showtimes.jhtmlor www.thechopperchallenge.com for more details!

Be sure to catch, The Chopper Challenge Experience currently on tour now!

MOTORCYCLE FICTION BANNER

NEW MOTORCYCLE FICTION BOOK SITE–In answer to your question, yes the goal of motorcycle fiction is to sell books. We have a link to Motorcycle Superstore on a earn for performance basis. We are affiliates for Amazon so we earn commission for the books we sell, and I have a link to Booklocker for my books.

We would take a book of short stories, but I think you could do that better that we could. We set up a link with your logo to take readers to the Bikernet Fiction area, since we don’t publish individual stories. I will check out your shop and see how we can get your books on the site.

–Preacher
Motorcyclefiction.com

Estok

ESTOK RIDES BUELL TO ASRA PRO THUNDERBIKE WIN AT DAYTONA —Bruce Rossmeyer?s Daytona Racing Buell 1125R Is Third in MOTO-ST Eight Hours.

DAYTONA BEACH, FLA. (October 19, 2008) ? Deeley H-D/Buell Canada/Ruthless Racing rider David Estok executed a dramatic last-lap pass to win the ASRA Pro Thunderbike National at the 25th Annual ASRA Race of Champions at Daytona International Speedway. Riding a Buell XB12R motorcycle, Estok drafted past BMW rider Nate Kern as the pair dashed for the finish line. Hal?s H-D/Buell/Hal?s Speed Shop rider Dan Bilansky finished third, also on a Buell XB12R.

Kern was the fast qualifier for the season-ending Pro Thunderbike National at Daytona with a lap of 1:55.748. Kern and Morton?s BMW rider Richard Cooper led from the start of the eight-lap race, with Estok following closely in third place. Cooper crashed and was out of the race on lap three, and Estok closed in on Kern and stayed just behind the BMW rider until the pair exited the final turn of the high-banked Daytona track. Timing the draft perfectly, Estok was able to pull ahead of Kern and take the win.

?Second place is a great spot to be in on the last turn at Daytona,? said Estok. ?I?ve got a great Buell motorcycle and some experience at this track and was able to put both to use today. It?s nice to end the season with a win.?

Finishing in fourth place aboard a Buell XB12R was Dr. D Racing rider Robert Johnson, followed by Ray Price Harley-Davidson/Buell rider Carl Reid in fifth. Classic Harley-Davidson/Buell rider Art Diaz rode a Buell XB12R to sixth position.

After closing out the eight-race 2008 ASRA Pro Thunderbike season at Daytona, Kern finished with 254 points to win the championship. Estok was second with 197 points, Bilansky was third with 136 points, and Bison Racing/Eagle H-D/Buell rider Walt Sipp was fourth with 115 points.

James Gang/Hoban Brothers Racing Takes ASRA Team Challenge Title

James Gang/Hoban Brothers Racing riders Paul James and Jeff Johnson rode their Harley-Davidson/Buell of Appleton sponsored Buell XB12R to win the 2008 ASRA Team Challenge GT Lights (GTL) class championship with a second-place finish in the 2-hour Team Challenge event at Daytona on Friday, Oct. 17. The team won the GTL class at three of the five Team Challenge events it entered this season, and finished with 152 points to lead the second-place Shakka 4 Life Suzuki team by 40 points. The KRM Racing team won the Daytona round on a Bimota.

Buell Riders Win Five CCS Championships

Buell riders won five MotoSport.com Championship Cup Series (CCS) national championships in sprint racing on Saturday and Sunday at Daytona. Ray Price Harley-Davidson/Buell rider Carl Reid rode a Buell XB12R to win titles in the Amateur Lightweight Superbike, Amateur Lightweight GP and Amateur GT Lights classes. Hal?s Harley-Davidson/Buell rider Joel Spaulding won the Amateur Thunderbike title on a Buell XB12R. Estok won the Expert Lightweight Superbike championship, also on a Buell XB12R.

Two Buell Teams Close MOTO-ST Season in Third Place

Shawn Higbee, Michael Barnes and Steve Crevier rode the Bruce Rossmeyer?s Daytona Racing No. 8 Buell 1125R to a third-place finish in the SunTrust MOTO-ST 8 Hours at Daytona endurance race on Oct. 18, and finished the seven-race MOTO-ST season in third place in the premier Buell Motorcycle Company SuperSport (SST) class. The No. 8 Buell came back from a radiator problem that left the team ninth overall at half distance.

?That?s endurance racing for you,? Barnes said. ?We knew we just had to keep plugging away.?

The No. 83 Buell 1125R ridden by Barnes, Crevier and Dave Estok for Bruce Rossmeyer Daytona Racing with assistance from Deeley H-D/Buell Canada/Ruthless Racing completed 69 laps before retiring with mechanical problems and placed 26th overall. The Hal?s Harley-Davidson/Buell-Brotz Motorsports No. 7 Buell 1125R raced by Dan Bilansky, Clint Brotz and Higbee completed 51 laps before retiring and placed 27th.

The No. 8 Bruce Rossmeyer?s Daytona Racing team, entered by Richie Morris Racing, won two races during the 2008 MOTO-ST season aboard the Buell 1125R. Despite an eighth-place finish at Daytona, the Aprilia USA/Lloyd Brothers Motorsports No.1 Aprilia won the SST season title with 225 points. The Touring Sport Ducati No. 75 entry was second with 207 points, followed by the Bruce Rossmeyer?s Daytona Racing No. 8 Buell with 204 points.

The No. 70 James Gang/Hoban Brothers Racing Buell team of Jeff Johnson, Paul James and Walt Sipp came to Daytona only two points behind the No. 77 Ducati in the MOTO-ST BMW GrandSport Twins (GST) standings, and battled back from an early race off-track incident caused by the No. 77. But while running third in class at about the five-hour mark, the Buell XB12R crashed in the West Horseshoe turn with Sipp aboard. The crash resulted in a cracked frame and fuel leak, which the team repaired, but the bike later developed an oil leak. After replacing the oil cooler, the team finished seventh in class and 23rd overall. The No. 77 Touring Sport Ducati team finished fifth in class and 19th overall and won the 2008 GST class title with 212 points. The No. 69 RightsforBikers.com Ducati won GST at Daytona and was fourth overall, and moved up to second place for the season in GST with 209 points, just one point ahead of the No. 70 James Gang Racing Buell, which finished the season in third place.

?The championship was ours to win at the half-way point of the race,? said Paul James. ?We were running third with a good lead on the No. 77 Ducati. But at some point in an endurance race you?ll be dealt adversity, you just don?t know what will happen or when it will strike. As it has done all season, the team worked hard to stay in the race and we never quit.?

To learn more about Buell motorcycles, visit your local Buell dealer today and experience the pure streetfighter attitude, style and performance only found on board a Buell. For the Buell dealer nearest you, pull into www.buell.com .

Crazy Horse Engine Banner2

CRAZY HORSE MOTORCYCLE ENGINES COME ALIVE–Crazy Horse Motorcycles LLC based in Kent, Washington is the manufacturer of the “V-Plus” aircooled 45 degree V-Twin motorcycle engine. Crazy Horse is an OEM supplier of this engine to individuals and custom bike builders.

name=”allowFullScreen” value=”true”>http://www.bikernetshop.com”>Bikernet Studio.

George Emmons Najar of BikerPros produced the Crazy Horse V-Plus engine video.

Instructors

ASMI ADVANCED STUDENTS GET A SPECIAL VISITTEXAS DOES IT BIG!!!!–www.accidentscene.org Check out classes being held yet this year in CA, CO, IL, IN, KS, ME, MA, and WI. Special rescue Rider Grants still available in IL, WI, MN.

Hupy and Abraham, S.C. provided a grant to Rescue Riders which will enable 350 more Rescue Riders to be trained in Accident Scene Management.

Rescue Rider founder, Dean Akey said, ?We are grateful for Hupy and Abraham?s support of our program. This will provide a critical resource for motorcyclists across the region.?Hupy and Abraham, S.C. is also the largest financial sponsor of Accident Scene Management.

Six new instructors were just trained in Wisconsin and Illinois. California is next!Denise Carey, Instructor Trainer in Texas, tells us that one of her Advanced classes held in Chico, Texas received an extra special visit. Air Evac Lifeteam is a helicopter ambulance service. This company stations their helicopters in rural areas of the country in order to facilitate response times outside of major cities.

Curtis Gates, Regional Coordinator for Air Evac, and son Scott, contacted Denise and were instrumental in bringing ASMI to North Central Texas. Why such interest in ASMI!!! Curtis and Scott are also avid motorcyclists. ?These guys are awesome?, says Denise, ?They were actually able to arrange for one of their helicopters (Lifestar 4 out of Decatur, TX) to come to our Advanced Class. We knew they were supposed to come, but weren’t sure the exact time of day. They do have to take care of business, too. We heard them make their first pass over the site so we immediately stopped what we were doing to watch them land.

Curtis, who also attended the two-day Basic and Advanced Courses, had already given a brief lesson on the do?s and don’ts around a helicopter landing zone (LZ) to the class. ?Curtis tells me that the visit to our class cost an estimated $5,000!!! These crews have to go through extensive training and are genuinely dedicated to the work they do.? Denise would like to thank Curtis and Scott Gates, Air Evac Lifeteam and the Lifestar 4 crew for their cooperation and expertise. Their goals are the same in REDUCING INJURIES AND FATALITIES. For more information on their company and the multi-state areas they cover, please check out www.lifeteam.net .

For a list of Accident Scene Management Classes, check out www.accidentscene.org

–Vicki Roberts-Sanfelipo, RN/EMT
Director Accident Scene Management, Inc.
President of SOS & Conspicuity Inc.
W246 S3244 Industrial Ln. A
Waukesha, WI 53189
www.accidentscene.org
info@accidentscene.org
(877) 411-8551 – toll free
(262) 521-2880 – local
(262) 436-0286 – fax

ER Events Banner 2008

OPEN LETTER TO THE CUSTOM BIKE INDUSTRY FROM JOHN GREEN THE BOSS OF ER EVENTS–Times are tough for all of us.It is my obligation to do whatever it takes to keep our lifestyle as active as possible. We must band together and unite during these difficult times.

I am asking all of you with bikes that can bring them to the Shows all shows not just Easyriders Shows to help the cause. If everybody hides out in their garages we will see a great depression in the custom bike industry.

I urge all promoters to work with the builders and vendors in any possible way to keep the Custom Motorcycle industry relevant and current. This may sound self-serving to some but bear in mind that even if you do not participate in the Custom Motorcycle industry you have to appreciate the fact that the Custom World drives the styling and R&D for the Production Motorcycle Industry.

Bottom Line is the everyone from Custom Builders to Production Bike Dealerships should pay careful attention to public awareness of our passion. Keep some of your budgets open for participation in local trade shows and events. I know times are tough and money is tight but be creative and come up with a way to be seen, even if it means buying your staff tickets for a show and asking everybody to show up with their uniforms on.

Here’s what I am doing for the bike competitors for the 2009 Easyriders Bike Show Tour.Bring your bike to an Easyriders Bike Show and I will give you a free space to show your bike. All you have to do is buy the wristbands that you need for the weekend.

The Corner spots and the 10 x 10 spaces will be available for a small fee but the basic space (approximately 5 x 10) is free.

If you haven’t shown your bike before this is a great opportunity. The Easyriders Bike Shows take on a completely different personality when you are part of the show. You get to come into the hall during set up and see what it takes to produce the events. You get admitted into the hall before the public. You get the opportunity to look at the other bikes without the crowds. You get the opportunity to visit with the vendors without the crowds.

If you love motorcycles I strongly urge you to participate in the 2009 Free Space program at the Easyriders Bike Shows. I can’t afford to do this for more than one year so take advantage of this deal.

You do not have to have a $100,000 bike to participate in the Shows. There are classes that fit every bike at the Easyriders Shows from Modified Stock to Radical. Remember that there are 100 reasons to participate in a show and winning is only one.

–John Green Easyriders Events

Old copgirl
Vintage Shot from Bob T. collection.

FROM THE BIKERNET CODE, THE BENEFITS OF MILITARY TIME–A crusty old Marine Sergeant Major found himself at a gala event hosted by a localliberal arts college. There was no shortage of extremely young idealistic ladiesin attendance, one of whom approached theSergeant Major for conversation.

‘Excuse me , Sergeant Major, but you seem to be a very serious man. Is somethingbothering you?’

‘Negative, ma’am. Just serious by nature.’

The young lady looked at his awards and decorations and said, ‘It looks like youhave seen a lot of action.’

‘Yes, ma’am, a lot of action.’

The young lady, tiring of trying to start up a conversation, said, ‘You know, youshould lighten up a little. Relax and enjoy yourself.’

The Sergeant Major just stared at her in his serious manner.

Finally the young lady said, ‘You know, I hope you don’t take this the wrong way,but when is the last time you had sex?’

“1955, ma’am.”

‘Well, there you are. You really need to chill out and quit taking everything soseriously! I mean, no sex since 1955!’

She took his hand and led him to a private room where she proceeded to ‘relax’ himseveral times.

Afterwards, panting for breath, she leaned against his bare chest and said, ‘Wow,you sure didn’t forget much since 1955!’

The Sergeant Major, glancing at his watch, said in his serious voice, ‘I hope not,it’s only 2130 now.’

(Don’t ya love military time?!)

–from Jester

PAUL YAFFEE BAGGER DISPLAY

Dealer’s get a Bag Attitude!–Paul Yaffe and his latest project, The Bagger Nation brand have had quite a busy year! Since introducing the brand in December 2007 Bagger Nation has taken on over 1000 new dealers. Bagger Nation is now currently working with stocking dealers across the country to create “display kiosks” representing the Bagger Nation product line. Paul then conducts an in store product education seminar which provides sales staff with important product knowledge and sales tips to educate consumers that are interested in Bagger Nation products.

Paul says the experience of traveling to dealerships and working hands on with stocking dealers has been incredible! “I was setting up a display this past weekend on a Saturday while the dealership was open…Customers were taking our new handlebars and pipes from my hands before I could even hang them up!” Our new 2009 catalog is due to be released early January. We are very excited about the upcoming 2009 season and are expecting to have more that 40 new product offerings to start off the new year!

–Paul Yaffe Originals
2211 E Indian School Rd
Phoenix, Az 85016
Ph: 602.840.4205
Fax: 602.840.2569
www.paulyaffeoriginals.com
www.baggernation.com

paul yaffe banner

Continued On Page 3

Please follow and like us:
Pin Share

PA State Police Radar Cover-Up

Copstory

This is a guest post by Benjamen Ober, a student at Duke University in the Terry Sanford Institute for Public Policy.

Tim Shingara does not look like a man you would expect to be working for the Pennsylvania State Police (PSP). His shoulder-length hair, thick mustache, tight black t-shirt, torn jeans and intense stare exude the image of a motor-head, not a radio-telecommunications specialist lab technician, specializing in advanced radar operations.

Shingara probably looks the part of a Harley enthusiast because he is a Harley enthusiast. He is a police lab technician by day and a husband, father and biker by night. This more or less average guy’s world was turned upside-down as he was thrust into the midst of a Pennsylvania State Police corruption scandal dubbed “Radargate” by watchdog groups.

J. Michael Sheldon’s Lucky Find

Radargate and Shingara’s uphill battle against the PSP began on November 29, 2002. Ironically, Shingara himself had nothing do to with the beginning of the fiasco.

On that Friday evening, the day after Thanksgiving, Brent Hanlin was hurrying to his father’s hunting cabin in Perry County, Pennsylvania. It was getting late, and Hanlin wanted to get settled in for the weekend before rifle season opened on Monday morning. He was traveling northeast along PA route 533 in his 1994 VW Jetta. Ominous rain clouds darkened the sky and the road was already slick from earlier showers. To make matters worse for Hanlin, the lights on his VW dashboard had been flickering on and off for weeks and finally decided to die, making it difficult to gauge his speed.

As Hanlin passed an intersection, a State Police patrol car began trailing him from a distance. Hanlin noted the patrol car, but continued on without a second thought—he was the type of guy to drive 43 in a 45 zone “just to be safe.” Minutes later, the Trooper turned on his flashing lights and Hanlin realized that he was being pulled over.

The encounter that ensued was not pretty. Hanlin was informed by PSP Trooper Gregory Styers that he was driving in excess of seventy miles per hour. “Impossible,” thought Hanlin. Sure, Hanlin, might have been speeding. He could not exactly tell because his darkened dashboard. But 70 miles per hour? Fat chance. He curtly informed the Trooper that he was mistaken. The situation got worse when Hanlin could not produce either a registration or proof of insurance. Styers decided to detain Hanlin for the evening for a traffic violation and resisting arrest.

Hanlin hired prominent local attorney J. Michael Sheldon to represent him in court. Hanlin insisted that he was going 45 miles per hour at the most. “Sure,” thought Sheldon, “that’s what they all say.” While driving home from his office, Sheldon was suddenly struck by a new thought: maybe it was impossible to hit seventy on the stretch where Hanlin was pulled-over, especially given the road conditions in a 1994 Jetta.

Sheldon visited the scene and determined that it was unlikely that Hanlin could have reached seventy miles per hour. On a flier, he contacted PSP headquarters and asked to speak with their lab expert on radar gun performance.

Enter Tim Shingara. Shingara was the local expert identified by the State Police for Sheldon to interview. Sheldon quickly discovered that he hit a legal jackpot. Shingara openly admitted that State Police radar guns are unreliable. Internal memos noted problems with the radar guns, especially the Genesis model guns, as early as 2002. On August 2, 2003, Corporal William LaTorre officially filed a memo to his superior noting that everything he aimed the gun at was registering seventy-eight miles per hour—including inanimate objects. A tree, rock, road, sky and moving car all registered seventy-eight.

Six months later, Sergeant Thomas Decker reported a similar problem to his commanding officer. According to Sgt. Decker, the Genesis gun would suddenly jump from the mid-fifties to the low-eighties without cause. Later, even after Radargate broke in Philadelphia and Harrisburg newspapers, field officers were reporting problems with the Genesis guns.

Shingara was subpoenaed as an expert witness in Hanlin’s case. According to Shingara’s testimony, the Genesis radar gun registered an “alternator whining” when plugged into a Trooper’s vehicle. Under intense electrical strain, such as the use of a radar gun, the alternator runs constantly in an effort to recharge the car battery. The constant running of the alternator produces an electrical disturbance that is captured by the Genesis gun. Out of the alternator whining, Radargate was born.

Copstoryaccident

Institutional Failure

Radargate was potentially explosive for PSP. The costs would be extraordinary, both in public-image and sheer economic terms. The State Police own nearly one thousand radar guns, more than half of which are the Genesis model, produced by Decatur Electronics. Internal records show that State Troopers use radar guns in roughly 87 percent of speeding tickets.

Records, do not, however, indicate which radar gun was used for issuance of each ticket. Thus, no one truly knows how many of the PA State Police issued tickets might be invalidated if the Genesis model is proven inaccurate. Since the first internal memos filed by Troopers in late 2002, motorists have been issued approximately 200,000 tickets—incurring total fines of more than fifteen million dollars.

The contracting arrangements between Decatur and the State Police are baffling at best. Decatur was chosen and the Genesis model selected because Decatur was the lowest-bidder for the radar contract. This is hardly atypical, as it is normal for state government agencies to award contracts to the lowest bidders. Shingara’s attorney Don Bailey thinks the problem is that government agencies such as PSP have budgetary pressures in conflict with public safety concerns.

Bailey bluntly stated in an interview, “The Genesis II gun was a cheap gun.”

At the same time as Decatur’s radar gun bid, Ford Motors was contracted in early 2002 to supply new squadron cars for PSP. The “cost-effective” Crown Vic model was chosen, in spite of its low battery power. The Governor’s Office was thrilled with Ford’s Crown Vic bid, as PSP was saving the state thousands of dollars. For most cars, battery drain is a relatively minor problem, but squadron cars generally run a radio unit, laptop, lights, A/C, cell phone charger, and radar gun simultaneously. Drain on the battery can have dangerous consequences, such as stalling in the middle of traffic.

The government mismanagement of Radargate goes even deeper. Decatur Electronics acknowledged the problems in the Genesis model and recommended an easy solution to State Police brass. Decatur offered to fix all of the Genesis guns for free, absorbing a loss of thirty thousand dollars. Decatur was hoping to avoid public embarrassment and loss of reputation in the market. They could offer a solution and save face, as no one would blame Decatur for not predicting how the Genesis model would interact with future car models.

PSP, however, turned down Decatur’s offer to fix all of the units for free. According to Shingara’s lawyer, Don Bailey, the higher-ups of the State Police wanted to cover up any wrongdoing. If the State Police were found guilty of using faulty radar, the “implications [would be] enormous and quite significant cost wise,” said Bailey. The Governor’s office would inevitably respond by distancing themselves from the top officials in the Police Department.

In all likelihood, the administrative officials at the helm of the State Police would lose their jobs—and potentially jeopardize their mandatory service for the State pension plan.

Bailey, never a man to mince words, candidly asserts, “The reason for any kind of a cover-up of a bureaucratic mistake of any kind is very simple: careers are on the line…gotta get my career, my pension, gotta get outta here sorta thing…They were willing to let bad tickets be written…Probably the leadership at the top of the State Police doesn’t want to write bad tickets. It’s not that they want to do that or get any pleasure out of it. But the issue is, ‘How is my career going to be affected?’”

According to Bailey, the institutional pressure of budget politics and lack of government oversight created circumstances that lead to the organizational panic in which the police turned down Decatur’s simple, free, and easy solution in favor of a cover-up.

Part of the cover-up, in Bailey’s eyes, was a phony study on the accuracy of the Genesis radar gun. In response to Shingara’s testimony in the Hanlin case, the State Police commissioned a study on Genesis radar guns performed through a lab at the University of Pittsburgh. After the study was concluded, the State Police issued multiple press releases indicating that the radar guns had proven consistent and trustworthy beyond a shadow of a doubt. This seemed to assuage the public, as most citizens and media outlets were willing to accept these conclusions.

Unfortunately, it appears that State Police leaders were fudging the truth. Professor Marlin Mickle, the lead experimenter at the University of Pittsburgh, was unavailable for comment in this article, but has elsewhere claimed that the tests conducted in his department were neither conclusive nor aimed at gauging radar accuracy under field conditions.

Mickle says that the tests reflect Genesis radar performance in the laboratory, but the accuracy results do not necessarily transfer to the real world. When subpoenaed by Bailey, Mickle claimed that the State Police had not provided him any background on the on-going legal battle, nor suggested a field test versus a laboratory test. At any rate, police officials could breath a sigh of relief, as the momentary scandal of Radargate had passed.

PSP Retaliation

When the dust had cleared from the Mickle study and the public was placated, PSP turned its sights on Shingara, according to Bailey. Shingara was removed from radar detail, which was both a financial blow and a slap in the face professionally. Shingara was denied additional assignments at work, meaning that he went to work for months with absolutely nothing to do.

In Bailey’s experience, this is a common tactic of PSP officials to isolated and control whistleblowers (public employees who speak out against corruption or malpractice from within the department).

Over the next several months, it became increasingly clear to Shingara that he needed legal representation, prompting him to hire Bailey to sue PSP for unlawful retribution. In addition to being removed from radar detail and assigned no work, Shingara complained of other retaliatory measures, such as withheld promotions and subjugation to “an unfair internal investigation,” according to the lawsuit. Ultimately, Shingara claimed that the police were looking for an opportunity to fire him.

Bailey built a case focused on First Amendment violations by the State Police, which was subsequently filed in the U.S. Third Circuit. According to Bailey, Shingara’s case is a clear-cut example of First Amendment violation in the workplace. Shingara observed a problem in PSP that defrauded the public and compromised the integrity of the State Police. When J. Michael Shelton subpoenaed him, Shingara testified to problems within PSP.

In an interview, Bailey was quick to point out that Shingara had no economic motive for testifying against PSP. Shingara was not guilty of libel, as both internal memorandums and independent studies have vindicated his version of Radargate.

While Radargate was being argued at the Third Circuit (spring 2005), a related civil rights battle raged in the U.S. Supreme Court. Garcetti v Ceballos worked its way through the Ninth Circuit Court of Appeals and was finally argued by the Supreme Court in October 2005. The majority opinion by Justice Anthony Kennedy (joined by Roberts, Scalia, Thomas, and Alito) ruled, “Statements made by public employees pursuant to their official duties are not protected by the First Amendment from employer discipline.” Richard Ceballos, the defendant in Garcetti, had a very simple analysis: “I think government employees will be more inclined to keep quiet [about corruption].”

New Dilemma of State Employees

In lieu of Radargate and the Garcetti ruling, police officers in PSP (and government employees in general) are caught in a bind. In Radargate, for instance, Shingara’s initial report to his superiors was co-authored or verified by at least nine other communications specialists. None of these nine men and women, however, have come forward to corroborate Shingara’s testimony. That is hardly surprising given the financial and professional repercussions reaped by Shingara.

The State Police have made an example of Shingara—“This is what happens to those who break rank and speak out against the State Police.” As if that were not incentive enough to keep quiet about government corruption or malpractice, the Supreme Court has removed even whistleblower protection from state employees.

In the case of Shingara v Skiles et al, the State Police holds all the cards. Institutionally, not many people testify against the State Police because of its reputation and power. PSP is a powerful and influential lobby in Pennsylvania, as evidenced by their Commissioner’s seat on the Governor’s cabinet.

The sheer disparity of power and funds for waging expensive legal battles creates a strong disincentive for insiders to exposure government corruption. PSP officials have virtually unlimited resources in terms of legal counsel. They have a special task force that specializes in handling the legal defense of PSP. Should these lawyers not have enough time or expertise to handle a specific case, it is not uncommon for the State Police to hire outside law firms to run the case.

Conversely, Tim Shingara, although not a poor man, is severely limited in his funds to pay for lawyers. Ironically, his salary as a lab technician was slashed by virtue of his removal from the radar detail and from other special assignments, the very sort of retributive action that led him to sue PSP. Fortunately for Shingara, he has enough money to put up a fight as a radio-telecommunications specialist, unlike many of the young Troopers in the force.

Bailey claims that PSP also has an advantage in terms of public perception. Shingara is fighting against image of the State Police. There is, according to Bailey, a tendency among the general public to view the law enforcement in almost binary terms. The police are the good guys and the accused are the bad guys. It would be impossible for individuals in the State Police, especially high-ranking officers, to be guilty of a systematic cover-up, even in a situation like faulty radar guns.

Copstoryclose

Looking Ahead

In the grand scheme of things, malfunctioning radar guns are not that important. After all, the cover-up could be for something much greater, like murder, money laundering, drug running, political corruption, or the like. The troubling fact is that, if Shingara and Bailey are correct, the State Police officials had the desire, ability, and organization to pull a cover-up, even on a relatively minor issue. According to Bailey, the current legal climate (especially post-Garcetti) provides further incentive for public officials to keep silence.

The question raised by Bailey is this: Who will speak out against government abuse if not government insiders? As a State Police officer, Shingara is legally forbidden to speak with any member of the media under the threat of being fired. PSP was unavailable for comment on this article. The University of Pittsburgh also refused to given comment on their study of the Genesis II gun and PSP interpretation of the study. Decatur likewise declined to comment on the accuracy of the Genesis II radar guns.

Radargate thus moves quietly toward its undecided, but impending legal conclusion. In July 2005, the U.S. Third Circuit Court ruled against Shingara. The Third Circuit determined that there was not enough evidence of retribution by PSP. Shingara and Bailey are currently fighting through the appeal process. The Third Circuit Court of Appeals will soon decide whether or not they will hear the case.

Regardless of the decision in the Court of Appeals, the losing side will inevitably appeal to the U.S. Supreme Court for final mediation. Shingara v Skiles et al would be an opportunity for the Court to revisit Garcetti.

In light of the outcry by civil rights groups and Congress alike, it is conceivable that the Court will vote to reverse Garcetti. The fates of Tim Shingara, PSP officials, and potentially millions of future whistleblowers thus await judgment.

Benjamen can be contacted at benjamen.ober@duke.edu.

Please follow and like us:
Pin Share