Limited Justice for 'right of way' violation

Date: February 26, 2008 (Wareham District Court) "You will never drive again," Judge Rosemary B. Minehan told 74-year John Hanrahan of Weymouth, who turned left in front of three oncoming motorcycles last March in Middleboro, killing one and seriously injured two others, as he changed his not guilty plea just before his scheduled trial today at the Wareham District Court. His defense attorney asked for the least possible sentence and the Plymouth County's D.A., Timothy Cruz, through his assistant District Attorney handling the case, asked for the stiffest possible sentence, two and a half years in jail. Hanrahan admitted, on March 24, 2007, in broad daylight on a dry road, he slowed down his vehicle to make the left hand turn onto Route 495, and upon seeing the three oncoming motorcycle riders, he "thought" he could "make it" but accelerated right into Brian Mello while the other two motorcyclists behind Mello braked but could not avoid impact. He was wrong. Dead wrong. And the family of Brian Mello suffer with Hanrahan's 'mistake' in judgment. Victim Tom Newhook, several family members and the Firefighters Union President read victim impact statements before Judge Minehan handed down her sentence, before a courtroom filled with 35 or more family, riders and New Bedford firefighters present. Some of those present felt the Judge didn't believe any immediate jail sentence would serve justice, and she said, "No one here is going to be happy." She then handed out what most considered a "stiff" sentence to Hanrahan for one year in prison, suspended for three years; three years probation, LOSS of LICENSE for the REMAINDER of his life, and 1,500 hours of community service, to be completed in those three years, going to speak at Drivers' Education telling students the value of "Good Judgment and consequences of their actions." He was also ordered to visit Hospital Trauma Centers to help people severely injured in accidents or otherwise experienced head trauma by reading to them and helping with their care. Irv Evans of Franklin, the Secretary of the Massachusetts Motorcycle Association (MMA), said it was "obvious as soon as the Judge began talking about accepting his guilty plea, that no jail time would be handed down." If he does not complete the 3 year probationary terms, he'll serve some time. "It's a tight, short leash for a period of time," said Evans. Rick Gleason of Yarmouth, treasurer of the American Bikers Acting to Educate Political Action Committee was more angered asking, "Where is the justice? If a 74-year old holds up a bank does he get a pass too ? If they run over a kid or an older American, do they get a pass too ?" Elisa Mello of Middleboro, Brian's widow read her impact statement to a hushed Courtroom filled with over 35 friends, riders and firefighters. Everyone fought back the tears but few could hold them back. She asked for a minimum 4 nights in jail, symbolic of the time her husband "spent on a cold slab before being put into a coffin," to the maximum 2 1/2 years in jail. After sentencing, Ms. Mello was distraught. "The sentencing he received is so unfair. He basically gets to go home tonight, have a celebratory dinner, gets to be chauffeured around to do his community service, and write off the expenses." In her statement, she said one saving grace was that one day she "would again be reunited with Brian," and then looked at Hanrahan and told him, "And so will you." "This sentencing has reinforced our energy for enactment of House Bill 1464, to increase the civil and criminal penalties of those who violate the right of way of other road users, bicyclists, pedestrians, motorcyclists and other road users causing serious bodily injury of death," claimed Paul W. Cote of Amesbury, the MMA's Director of Government Relations. The bill is scheduled for a public hearing on Tuesday, March 18th before the Judiciary Committee at the State House. Victims who wish to testify are encouraged to contact Cote at claimscote@aol.com. Cote praised Plymouth County D.A. Tim Cruz and his staff. "They were willing and ready to try this case to a conclusion. And throughout the pass year Mr. Cruz's Victim Advocate office was very helpful to Ms. Mello, Tom (Newhook) and Wolfgang (Decker). We appreciate the compassion and tenacity of he and his staff." "The DA's hands were tied once Hanrahan plead guilty," Cote claimed. "It was up to the Judge. Our proposed legislation would required Judges hand down some time be served when a motorists runs over a pedestrian or a kid on a bicycle or another motorists. We ain't looking out for just motorcyclists," he continued, "we're looking for justice for all in these situations where using a car or truck to kill or mane someone gets you a slap on the wrist while using a gun gets to 10 to life." ============ PC

Federal Legislation to End Discrimination of Bikers Introduced

Motorcycle Riders Foundation 236 Massachusetts Ave. NE Suite 510 Washington, DC 20002-4980 202-546-0983 (voice) 202-546-0986 (fax) http://www.mrf.org (website)
Washington DC The Motorcycle Riders Foundation reports that legislation to close the loophole that currently exists in our nation?s health insurance industry has been introduced in the US Senate (S 616) and House (HR 1076). Under current law, group market insurance customers - that?s everyone who has insurance from a job in the private sector, military or government - can be denied benefits for a particular injury just because it came from an motorcycle accident. Congress passed the Health Insurance Portability and Accountability Act (HIPAA) in 1996 to ensure proper access to health insurance for all American workers. Once the bureaucrats at the US Department of Health and Human Services issued their final ruling on the law they managed to allow a loophole that can be used to discriminate against motorcyclists when the need health insurance the most, after an accident. The loophole also is used by insurance companies to deny benefits for any accidents that stem from horseback riding, snowmobiling, and snow skiing, just to name a few. "This legislation will right an injustice done to America's motorcycling community," said Jeff Hennie, Vice President of Government Relations for the Motorcycle Riders Foundation. "We are asking the Congress to tell the insurance industry that they can no longer get away with refusing benefits that have been bought and paid for by motorcyclists." The House legislation has been referred to the Committee on Energy and Commerce, while the Senate bill is sitting before the Health, Education, Labor and Pensions Committee. In order to pass this legislation, the Motorcycle Riders Foundation needs your help. Please join your fellow freedom fighters and ask your Members of Congress and Senators to co-sponsor this important legislation. The legislation to close this loophole has been around for the last few sessions of Congress, but the bills introduced in this 110th Congress have a few new twists. First, the House Democrat lead is new. Welcome Bart Stupak to the picture; he is a 8th term Democrat from Upper Peninsula Michigan and the top third of the mitten state. Mr. Stupak?s district has tens of thousands of miles of snowmobiling trails and most of his constituents use the snow machine to commute, run errands and socialize, making the snowmobile an integral part of everyday life. Mr. Stupak is also close friends with the Chairman of the House committee that has jurisdiction over the measure; and is a subcommittee chairman on the same full committee. The House Republican lead is the same, Michael Burgess. Burgess is medical doctor from, Flower Mound, TX. Burgess was an OB-GYN, delivering 3000 babies before running for Congress in 2003. The Senate sponsors are the same returning Senators as previous sessions of Congress, Russ Feingold (D-WI) and Susan Collins (R-ME). The Motorcycle Riders Foundation thanks all of the champions of this legislation. Another new development is that the House has adopted the Senate language, making passage into law slightly simpler by eliminating the need for both bodies of Congress to form a conference committee to iron out the legislative differences. Previously the House and Senate had slightly different solutions to closing the loophole. Last Congress saw no major movement on the legislation. With your help, we can close the loophole that allows our health insurance providers to deny benefits for an injury simply because it involved a motorcycle. Ask your federal Representative to support HR 1076 and your two US Senators to support S 616. Should you receive any commitments or denials to support the legislation, or if you have any other legislative question or concerns, please contact the MRF.

The MRF proudly claims state motorcyclists' rights organizations and the very founders of the American riders' rights movement among its leading members. The MRF is involved in federal and state legislation and regulations, motorcycling safety education, training, and public awareness. The MRF provides members and state motorcyclists' rights organizations with direction and information, and sponsors annual regional and national educational seminars for motorcyclists rights activists, as well as publishing a bi-monthly newsletter, THE MRF REPORTS.

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