MONA YVETTE NELSON

Officers said they are investigating whether Nelson may be involved in the deaths of other children.

HPD Homicide Detective Michael Miller described the 44-year-old Nelson as “soulless,” and said the woman had shown an “absolute lack of remorse” for the killing.

“I was one of the detectives to interview Mona Nelson, and I can tell you that she is a cold, soulless murderer who showed an absolute lack of remorse in taking the life of Jonathan Foster,” Miller said. “There are few cases that impact homicide detectives in this manner, but this is one of them.”

Miller also said Nelson had admitted to dumping the boy’s burned body in the drainage ditch, but continues to insist she did not kill him.

Detectives said their investigation suggested Nelson abducted Foster from his mother’s apartment last Friday afternoon. Witnesses reported seeing Nelson talking to the boy around 12:30 p.m. Miller described Nelson’s actions as “methodical” in the way she stalked the child before kidnapping him.

Nelson then took the fifth-grader to her apartment near U.S. 59 and Laura Koppe, where she killed him and burned the body, according to investigators.

A welder by trade, Nelson apparently used welding torches to burn the boy’s body in her apartment before dumping it in a drainage ditch on Schilder near the Hardy Toll Road. A surveillance camera from the nearby Rolled Alloys facility captured an image of Nelson dumping the body. That surveillance video led detectives to Nelson.

The location where the boy’s body was dumped is about three miles from Nelson’s apartment.

Miller said detectives had recovered “a wealth of evidence” from Nelson’s home.

“Once we arrived at her house, we stumbled into a wealth of evidence; evidence that showed Jonathan’s body was burned at the residence,” Miller said. “Evidence that showed, perhaps, the items that he was burned with; evidence that had us fairly shaken up in collecting it.”

The 14-year veteran homicide detective called the killing of Jonathan Foster “the worst case that I’ve been a part of” and at time struggled to hold back tears during the briefing.

Miller went on to describe Nelson as “bizarre” and someone who “acted alone in this crime of her own disregard for human life.”

He also said he believes Nelson may have killed other children.

“Do I believe she’s done it before? Yeah; I do,” Miller said. “I don’t believe she began and ended with the abduction of Jonathan Foster.”

Authorities have also revealed Nelson has an extensive criminal record dating back almost 25 years. That record includes: 

• 1986: Nelson was convicted of aggravated robbery in Harris County and sentenced to 10 years on prison.
• 1991: Nelson was arrested by the Border Patrol at a checkpoint in Kenedy County for attempting to smuggle five illegal aliens from Mexico.
• 1997: Nelson was convicted of theft by check in Daingerfield. That same year, she was also found guilty of theft in Mount Vernon, and served 30 days in jail.
• 1998: Nelson was arrested for operating a stolen vehicle.
• 2001: Nelson pleaded guilty to possession of marijuana and served 29 days of a 30-day sentence
• 2002: Nelson was convicted of possession of marijuana in Collin County.
• 2004: Nelson was convicted of making a terroristic threat in Mount Vernon, Va.
• 2005: Nelson was convicted of criminal mischief in Mount Vernon, Va.
• 2006: Nelson was arrested on a battery charge in St. Charles Parish, La.
• 2008: Nelson was arrested on a charge of assault on a family member in Mount Pleasant.

Nelson remains in jail without bond.

Houston Police have identified the woman as 44-year-old Mona Yvette Nelson.

Nelson has been described as a “family acquaintance” of Foster’s mother, Angela Davis, and stepfather David Davis.

Angela Davis said she had met the woman “only once.”

While the police investigation initially appeared to focus on the Davises, a surveillance camera located on a building across the street from where Foster’s burned body was dumped ultimately led detectives to Nelson.

The badly-burned body was found dumped in a ditch near the Hardy Toll Road Tuesday morning. Images from a surveillance camera at the Rolled Alloys facility across the street from where the body was found led detectives to Nelson.

Although no official identification of the body has yet been announced by the Harris County Institute of Forensic Sciences, the capital murder charge indicates authorities are certain the body is that of Foster.

Investigators earlier said a lack burn marks on grass around where the body was found indicated it was burned elsewhere and dumped into the ditch.

The Dunham Elementary fifth-grader disappeared from his mother’s apartment last Friday afternoon.

After a weekend of attempting to reconcile apparently conflicting statements from the Davises, Houston Police issued an Amber Alert for Foster late Monday, triggering an intensive search for the boy.

Police have released no motive in the case.

Foster was last seen Friday afternoon around 2 p.m. near his home on Houston’s near northside.

The body was found by a passerby in a culvert along the 1500 block of Schilder in northeast Houston around 9:30 a.m. today.

The body was believed to be that of a child about 3-feet tall, but was so badly burned the gender could not be immediately determined. The area around the body was not burned, leading to the theory the victim was burned elsewhere and dumped in the ditch.

The body was taken to the Harris County Medical Examiner’s Office for identification. Meanwhile, the search for Foster is continuing.

Earlier today, police said the boy’s mother had received a “mysterious” phone call about the time the boy was last seen, but did not reveal the nature of the phone call.

On Friday, Foster was staying with a babysitter near North Shepherd and 43^rd Street when he left to go to his family’s nearby apartment to get some video games. That was the last time he was seen.

Authorities issued an Amber Alert for Foster just after 6 p.m. Monday.

HPD homicide investigators were called in to assist in the questioning of possible witnesses.

Detectives seized a computer from Foster’s home in an effort to determine if the boy had been in contact with anyone online prior to his disappearance.

When last seen, Foster was wearing a tan-colored T-shirt with the images of a guitar and musical notes on it, blue jeans and black and white tennis shoes with a red stripe. He also had a gray zip-up hoodie style jacket.

Foster is a Caucasian male, 4-feet 8-inches to 5-feet tall, weighing about 100 pounds. He has reddish or light brown hair and blue eyes. He was also described as having a noticeable overbite and a scar on his left foot.

The boy sometimes goes by the nickname “JP.”

Texas Equusearch has been combing the area with volunteers on foot and ATVs, searching for signs of the boy.

JONATHAN FOSTER

Foster was last seen near North Shepherd and 43^rd Street in Houston just before 2 p.m. last Friday. The Amber Alert was issued shortly after 6 p.m. today.

The boy had been staying with a babysitter and reportedly went to his nearby apartment to get some video games. He has not been seen since that time.

The Amber Alert also included information that Foster may be in the company of “an adult female with a raspy voice.” No addition information on the female or a vehicle was released.

When last seen, Foster was wearing a tan-colored T-shirt with the images of a guitar and musical notes on it, blue jeans and black and white tennis shoes with a red stripe. He also had a gray zip-up hoodie style jacket.

Foster is a Caucasian male, 4-feet 8-inches tall, weighing about 100 pounds. He has light brown hair and blue eyes. He was also described as having a noticeable overbite and a scar on his left foot.

The boy sometimes goes by the nickname “JP.”

On Monday afternoon, Texas Equusearch conducted search for the boy using volunteers on foot and on ATVs to comb the area where Foster was last seen.

Anyone having information on Foster’s disappearance or possible whereabouts is asked to contact the Houston Police Department at 713-731-5223.

Boehme, who is also a West University Place city councilman, was issued the citation Thursday evening after a minor, working as an undercover agent for the TABC, was served a beer in the restaurant.

In a statement released today, Boehme admitted the mistake, saying he asked for the male operative’s driver’s license, but then miscalculated the age.

“I asked the TABC employee for his driver’s license. After taking and viewing the TABC employee’s driver license, I incorrectly thought the TABC employee was over 21 years of age,” Boehme said. “TABC agents then cited the Edloe Street Cafe and Deli for a liquor license violation and ticketed me for serving alcohol to a minor.”

Despite being ticketed, Boehme complimented the state officers’ for their professionalism.

“The TABC agents were extremely professional and I wholeheartedly support the agents’ efforts to curb underage drinking. The agents said they had already visited more that 20 bars and restaurants that day,” he said.

Boehme also stressed it was never his intent to serve the alcohol to a minor, and that was evidenced by his asking for a driver’s license. He also said he regretted the mistake.

“I did fall short in my examination of the driver’s license and I regret that very much. The TABC agents gave me a useful tip on how to identify an underage license by its portrait orientation rather the landscape orientation of an adult license,” Boehme noted.

He also said he was making changes to avoid making any future miscalculations of customers’ ages.

“Going forward, all managers of Edloe Street Cafe and Deli immediately will receive instruction on identifying underage drivers licenses including the posting of the latest legal date on the cash register (before this date 1989). This whole matter reinforces the need for all people serving and selling alcohol to be forever vigilant because good intentions alone will not keep alcohol out of the hands of minors,” Boehme said. “I am proof that good intentions are not enough; after possession there must be careful examination of the driver’s license to make sure the person is over 21. This mistake was mine, and mine alone.

He said the restaurant would be addressing the administrative citation from the TABC over the next few months and he would resolve the citation against him in county court.

Calling the incident “a painful lesson for me,” Boehme also pledged to “leave no stone unturned” in assuring no minor is ever again served an alcoholic beverage in his restaurant.

The complete text of Boehme’s statement is as follows:

“Last night, September 2, an undercover and underage employee of the Texas Alcoholic Beverage Commission entered the Edloe Street Cafe and Deli to purchase a beer.

“I asked the TABC employee for his driver’s license. After taking and viewing the TABC employee’s driver license, I incorrectly thought the TABC employee was over 21 years of age. TABC agents then cited the Edloe Street Cafe and Deli for a liquor license violation and ticketed me for serving alcohol to a minor. The TABC agents were extremely professional and I wholeheartedly support the agents’ efforts to curb underage drinking. The agents said they had already visited more that 20 bars and restaurants that day.

“It was clearly never my intent to serve alcohol to a minor and that’s why I asked for the TABC employee’s driver’s license. But I did fall short in my examination of the driver’s license and I regret that very much. The TABC agents gave me a useful tip on how to identify an underage license by its portrait orientation rather the landscape orientation of an adult license. Going forward, all managers of Edloe Street Cafe and Deli immediately will receive instruction on identifying underage drivers licenses including the posting  of the latest legal date on the cash register (before this date 1989). This whole matter reinforces the need for all people serving and selling alcohol to be forever vigilant because good intentions alone will not keep alcohol out of the hands of minors.

“I am proof that good intentions are not enough; after possession there must be careful examination of the driver’s license to make sure the person is over 21. This mistake was mine, and mine alone. Edloe Street Cafe and Deli will be addressing the administrative citation from the TABC over the next few months. Additionally, I will be resolving my matter in a Harris County court.

“This has been a painful lesson for me, and I am very sorry that it happened. I make a personal pledge that I will leave no stone unturned in assuring that a minor will NEVER again be served alcohol as long as I am an owner of Edloe Street Cafe and Deli. The TABC agents were at all times very professional and I compliment the TABC’s role in the battle against underage drinking.”

Investigators issued the Amber Alert for Misoh Gulabbaksh after his mother reported a black male took the infant from his stroller near the 8000 block of Woodway, jumped in a waiting car and fled.

After several hours of continued questioning, the mother, Narjas Golabbakhsh, admitted her story was bogus. She told investigators the child was dead and she had buried the child beneath some leaves and branches along the bayou.

Police searching along Buffalo Bayou near Woodway and Del Monte found the baby’s body around 2 a.m.

So far, there has been no word on how the child died or whether Narjas Golabbakhsh will face charges in connection with the infant’s death.

Misoh Gulabbaksh was abducted at approximately 5:30 p.m. Wednesday by an unknown male in the 8000 block of Woodway Drive.

Police describe the suspect as a black male between 5-feet 4-inches and 5-feet 5-inches tall. He reportedly has a tattoo on his upper left arm.

The suspect was last seen in the passenger seat of a two-door brown or beige Chevrolet. A description of the person driving the vehicle has not been released by police.

Anyone with information about the child, suspects or vehicle is asked to contact the Houston Police Department at 713-308-3608.

The current average price is now $2.68 per gallon.

The increase was slightly greater than the national average, which went up 3.2 cents per gallon to an average of $2.83, according to gasoline price website HoustonGasPrices.com.

Including the change in gas prices in Houston region during the past week, prices today are 73.2 cents per gallon higher than the same day one year ago and are 16.8 cents per gallon higher than a month ago. The national average has increased 10.4 cents per gallon during the last month and stands 82.0 cents per gallon higher than this day a year ago.

HoustonGasPrices.com is part of a 200-website national gas tracking and analysis organization operated by GasBuddy.com.

By comparison, the national average has stayed flat, moving just 1.6 cents per gallon in the last week to $2.79 per gallon, according to gasoline price website HoustonGasPrices.com.

Including the change in gas prices in the region during the past week, prices today are 73.7 cents per gallon higher than the same day one year ago, and are 20.2 cents per gallon higher than a month ago.

The national average has increased 10.4 cents per gallon during the last month and stands 76.7 cents per gallon higher than this day a year ago.

“Oil prices have been reluctant to move higher than the low $80-per-barrel range as adequate supply and lower global demand continue to weigh on investors”, said Patrick DeHaan, GasBuddy.com Senior Petroleum Analyst. “The pause in oil prices has translated into (national) retail prices that have remained virtually unchanged over the last week.”

DeHaan also said consumers should not expect stable gasoline prices to last long, and that $3 per gallon prices should arrive before summer officially begins.

“Prices will continue to rise in April before peaking around Memorial Day to close to $3 per gallon across areas of the country as cleaner burning summer fuels are sold,” DeHaan predicted.

HoustonGasPrices.com is part of a 200-website national gas tracking and analysis organization operated by GasBuddy.com.

This compares with the national average that has increased 3.8 cents per gallon in the last week to $2.78 per gallon, according to gasoline price website HoustonGasPrices.com.

Including the increases during the past week, prices today are 88.1 cents per gallon higher than the same day one year ago and are 23.2 cents per gallon higher than a month ago.

The national average has increased 16.9 cents per gallon during the last month and stands 88.4 cents per gallon higher than this day a year ago.

Patrick DeHaan, senior petroleum analyst for GasBuddy.com said the trend is likely to continue, and gas prices may hit the $3 mark before summer officially arrives.

“We’re starting off March like a lion with little hope of it going out like a lamb,” DeHaan said. “While conventional wisdom tells us demand will increase as we move towards warmer weather, it appears that gasoline price increases have easily outpaced any potential increases in demand thus far. On that note, I expect most of the country to flirt with prices near or over $3 per gallon come Memorial Day, with the exception of California, where prices will average near $3.35/gallon.”

DeHaan went on to say that the only bright spot for motorists this year is that plenty of spare refining capacity and lower gasoline demand than years prior will keep gasoline prices from rising to record highs.

Last week’s increase was on top of a 5.6-cent rise the week before.

HoustonGasPrices.com is part of a 200-website national gas tracking and analysis organization operated by GasBuddy.com.

HISD Superintendent Terry Grier signs the $850,000 settlement. Photo courtesy of HISD Media Relations.

The settlement, which stems from a 2006 investigation that found HISD employees reportedly taking gratuities from technology vendors and falsifying information given to federal auditors, will free up millions of dollars in federal aid that was frozen following incident, the district said.

The violations cited by the government also included non-competitive bidding by the district, as well as district officials receiving trips, meals and loans from vendors.

The E-Rate program, which Congress created as part of the Telecommunications Act of 1996, was designed to bridge the digital divide between more affluent suburban students and urban students who are at or below the poverty line. More than 78 percent of HISD students qualify for free and reduced-price school meals, which is an indicator of poverty.

Under the program, which is funded by fees collected from telephone users, schools apply for funds to pay for hardware and monthly connectivity service fees. The FCC oversees the E-Rate program.

Assistant Attorney General for the Civil Division Tony West said the settlement resulted from an ongoing federal investigation of possible fraud and anti-competitive conduct in the E-Rate program in Texas by the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Texas, and the FCC Office of the Inspector General.

“The E-Rate Program provides critical support for Internet access and wiring to the most under-served schools in the country,” Assistant Attorney General for the Civil Division Tony West said. “We are committed to protecting the integrity of this important program that benefits our neediest children.”

For its part, the school district said it signed the settlement in order to release as much as $89.4 million in school technology funding awards that were frozen in 2006 when the investigation first uncovered wrongdoing.

As part of the settlement, HISD agreed to hire an e-rate compliance officer to closely monitor the program. The district picked veteran compliance officer Richard Patton to keep the program in check.

Patton has nearly 30 years of audit and compliance experience, the district noted. He spent 23 years with Duke Energy, Panhandle Energy and Texas Eastern Transmission in Houston in various financial audit and compliance capacities. For the past six years, Patton served as the chief compliance office for Boardwalk Pipeline Partners LP and Koch LP in Houston.

Patton, who is both a certified public accountant and a certified fraud examiner, said the district “has shown incredible commitment and teamwork” to restore the funding.

“As part of that effort, the district has strengthened its gift policies to the point that any employee who deals with an E-Rate vendor can’t accept so much as a McDonald’s hamburger,” Patton said. “The funding can be used for telecommunications services, Internet access, internal connections and maintenance of internal connections.

HISD has been trying to restore the funding for several years. When Dr. Terry Grier became superintendent last year, he made it a priority reach an agreement with the government to settle the court action. The HISD Board of Education agreed and authorized the district’s attorneys to expedite the settlement process.

HISD Board President Greg Meyers called the settlement “sound business.”

“It is a sound business decision to settle this and move on in order to help level the digital playing field for our students.”

This compares with the national average that increased 4.6 cents per gallon in the last week to $2.74 per gallon, according to gasoline price website HoustonGasPrices.com.

Last week’s increase was on top of a 6-cent rise the week before.

Including the change in gas prices during the past week, prices today are 79.2 cents per gallon higher than the same day one year ago and are 11.6 cents per gallon higher than a month ago.

The national average has increased 9.6 cents per gallon during the last month and stands 80.7 cents per gallon higher than this day a year ago.

HoustonGasPrices.com is part of a 200-website national gas tracking and analysis organization operated by GasBuddy.com.

Chief Appraiser Jim Robinson today announced the four sessions to give business owners a chance to work with HCAD staff to answer question and give guidance on state rendition requirements.

Rendition is the disclosure of property used in a business operation to produce income. Business owners must report that information to the central appraisal district no later than April 15.

Failure to render property can subject the property owner to a financial penalty up to10 percent of the taxes due on the value of the property.

Items subject to the personal property tax include business furniture and fixtures, machinery and equipment, inventory and work in process, raw materials, supplies and business vehicles including vessels and aircraft.

Robinson stressed the information received is held confidential by state law.

“HCAD uses this confidential information in calculating an accurate Jan. 1 market value for a firm’s tangible personal property assets,” he said.

Failure to render covered property not only subjects a business to penalties, it means that HCAD will have to use industry-standard formulas to assign value that may be too high for the business in question, Robinson noted.

Additionally, providing a central appraisal district fraudulent information on business personal property can result in an investigation potentially leading to the filing of criminal charges or large civil penalties.

The workshops will be held at the appraisal district’s headquarters located at 13013 Northwest Freeway.

The sessions are scheduled as follows:

• Wednesday, March 24: 1-5 p.m.
• Wednesday, March 31: 1-5 p.m.
• Wednesday, April 7: 1-5 p.m.
• Saturday, April 10: 8 a.m-12 noon

All four meetings will be conducted in HCAD’s training room on the sixth floor.

Business owners who cannot attend one of the four workshops can still receive direct assistance by calling HCAD’s information center at 713-957-7800 during regular business hours.

According to the Harris County Appraisal District, Texas law permits a homeowner who is 65 or older or disabled to defer payment of current and delinquent property taxes on a homestead until he or she no longer owns or occupies the home as a residence.

For purposes of the law, a person is considered disabled if he or she receives disability insurance benefits under Social Security.  In some cases, the deferral will also extend to the surviving spouse of a person who claims a deferral, provided the spouse is 55 or older and the property is the residence of both spouses at the time the spouse who qualified for the deferral dies.

While taxes continue to accrue, Harris County Chief Appraiser Jim Robinson said, the deferral will help avoid penalties and interest, as well as possible foreclosure.

“Property taxes continue to accrue during the deferral period, and all unpaid taxes are assessed interest at the rate of 8 percent per year,” Robinson.  “However, once an over-65 or disability deferral has been granted, additional charges can’t be levied for delinquent tax penalty and interest, and the property cannot be foreclosed upon for unpaid taxes during the deferral period.”

Robinson added the downside of a deferral is that it only postpones the taxes that must be paid.

“Individuals who plan to leave their home to heirs or to sell it need to be aware that a deferral doesn’t eliminate property taxes for eligible homeowners, but merely postpones when the taxes must be paid.  Also, those who have a mortgage on their home should check with the mortgage company to make certain the deferral doesn’t violate the terms of the deed of trust securing the mortgage on the property,” Robinson stressed.

In addition to an over-65 deferral, a limited form of deferral may be available to a smaller group of homeowners, whose appraised value increased by more than 5 percent from 2008 to 2009, excluding any improvements made to the home.  Under this provision, taxes must be paid before delinquency on any increase in value up to 5 percent.  Taxes on the remaining amount of increase may then be deferred on terms similar to those for the over-65 or disability deferrals.

Robinson suggested that before attempting to use this provision, homeowners should first contact the taxing units in which their property is located to determine how much tax can be legally deferred.  He also recommended caution be used if the home has a mortgage since the deed of trust may permit the mortgage company to foreclose if all taxes aren’t paid on time.

Application for the 5 percent deferral for 2009 taxes must be made no later than Feb. 1.

Homeowners who qualify for an over-65 or disabled person’s deferral may claim the deferral at any time by filing a deferral affidavit form with the appraisal district.  If a delinquent tax suit is already pending, a copy of the affidavit must be filed with the court.

As of yesterday, 124 law enforcement officers had died in the line of duty from all causes, a 7 percent reduction from the 133 fatalities in 2008, according to preliminary data compiled by the National Law Enforcement Officers Memorial Fund.

The last time officer fatalities were this low was in 1959, when there were 108 line-of-duty deaths.

One particularly troubling part of the report was that, once again, Texas led the nation in the number of officers killed.

In 2009 and previous years, a total of 36 Harris County sheriff’s deputies have died in the line of duty, the last of which was Detention Officer Dionicio Camacho in October. Camacho died of a heart attack while conducting a defensive tactics training operation. A total of 109 Houston police officers have died serving the community. The most recent was in June, when Officer Henry Canales was shot to death during an undercover theft investigation.

For 2009, the third year in a row, Texas (11), Florida (9) and California (8) had the most fatalities, a combined total of 28, or nearly 23 percent of the national total for 2009.

NLEOMF Chair and CEO Craig W. Floyd said the most of the gain came through a reduction in the number of officers killed in car crashes, but the number of officers who lost their lives by gunfire increased.

“This year’s overall reduction in law enforcement deaths was driven largely by a steep, 21 percent drop in the number of officers killed in traffic-related incidents,” Floyd said. “However, that bit of good news was overshadowed by an alarming surge in the number of officers killed by gunfire.”

According to Floyd, 48 officers were shot and killed in 2009, compared to 39 in 2008, which represents a 23 percent increase.

More than 30 percent of this year’s fatal shootings – 15 in all – occurred in just five incidents in which more than one officer was gunned down by a single assailant. Those multiple-fatality shootings took place in Lakewood, WA (four officers), Oakland, CA (four officers), Pittsburgh, PA (three officers), and Okaloosa County, FL, and Seminole County, OK (two officers each). The 15 officers killed in these multiple-death shootings were the most of any year since 1981, according to Floyd.

“To reach a 50-year low in officer deaths is a real credit to the law enforcement profession and its commitment to providing the best possible training and equipment to our officers, but we cannot allow ourselves to be lulled into a state of complacency,” Floyd said. “There are nearly 60,000 criminal assaults against our law officers every year in this country, resulting in more than 15,000 injuries. And, over the past decade, more than 1,600 officers have been killed in the line of duty. Many of the cold-blooded career criminals our officers confront each and every day do not think twice about assaulting or killing a cop.”

Fifty-six officers were killed in traffic-related incidents in 2009, compared to 71 in 2008. Of the 56 traffic-related fatalities in 2009, 40 died in automobile crashes, 12 were struck and killed by automobiles while outside of their own vehicles and four died in motorcycle crashes.

Even with the decline, however, traffic-related incidents were still the leading cause of officer fatalities for the 12th year in a row.

The preliminary 2009 law enforcement fatality data were released by the NLEOMF in conjunction with Concerns of Police Survivors, or C.O.P.S., a nonprofit organization that provides critical assistance to the surviving loved ones of officers killed in the line of duty.

“Concerns of Police Survivors knows that with officer fatalities reduced in 2009, that means fewer new members will join C.O.P.S. than any other year since we organized in 1984,” said C.O.P.S. National President Jennifer Thacker. “However, there are still more than 120 new families and agencies that will look to C.O.P.S. for the life-rebuilding support, as well as many of the over 15,000 families and affected co-workers who continue to cope with their officer’s death from earlier years.”

Her husband, Investigator Brandon Thacker of the Kentucky Department of Alcoholic Beverage Control, was shot and killed in the line of duty in April 1998. Ironically, yesterday as the preliminary police fatality statistics for 2009 were being released, so was the killer of Thacker’s husband.

“I am personally learning that it’s never over for us, as my husband’s killer was released from prison on Dec. 28. Even 11 years later, my family, Brandon’s co-workers and I are in need of the continued support from C.O.P.S.,” Thacker said. “C.O.P.S. continues to keep the promises made to law enforcement survivors, providing support and resources to rebuild their shattered lives today and years later.”

Other preliminary findings from the report included:

• 2000-2009 was one of the safer decades in recent law enforcement history, although it also saw the deadliest single day: September 11, 2001, when 72 officers were killed in the terrorist attacks on America.
• An average of 162 officers a year died in the 2000s, compared with 160 a year in 1990s, 190 in the 1980s, and 228 in the 1970s, which remains the deadliest decade for U.S. law enforcement.
• Almost 23 percent of the firearms-related deaths in 2009 – 11 in all – involved officers responding to domestic disturbance calls. Unprovoked ambush attacks claimed another six officers’ lives.
• After reaching an all-time high of 83 deaths in 2007, the number of law enforcement officers killed in traffic-related incidents has fallen each of the last two years. The preliminary total of 56 traffic-related deaths in 2009 was 21 percent lower than the 2008 figure and was the lowest annual number of traffic deaths since 1996.
• Thirty-five states and Puerto Rico experienced officer fatalities during 2009.
• Six federal law enforcement officers died in the line of duty in 2009, including three special agents with the Drug Enforcement Administration who died in a helicopter crash in October while conducting counter-narcotics operations in Afghanistan.
• The average age of the officers killed in 2009 was 39; the average length of their law enforcement service was 10.5 years.
• All but one of the officers killed during 2009 were men; the one female officer was Tina Griswold, one of the four Lakewood (WA) officers ambushed in a local coffee shop on November 29. By contrast, nearly 10 percent of the officers killed in all of 2008 were women, the highest percentage in history.

The statistics released by the NLEOMF and C.O.P.S. are preliminary and do not represent a final or complete list of individual officers who will be added to the National Law Enforcement Officers Memorial for 2009.

Huffman won the seat following a hard-fought campaign against former congressman Chris Bell to replace long-time legislator Kyle Janek, who resigned to move to Austin.

She called it “an honor” to have served the people of the district and said she was looking forward to the challenges of the next legislative session.

“Looking forward, I will continue to work on overcoming the great challenges our region has faced and crafting solutions to those which lie ahead,” Huffman said in making her announcement. “The 82nd Legislature will carefully consider many critical issues, including the evolving economic environment, population growth, education, redistricting, transportation, healthcare and border security.”

During her tenure in the state senate, Huffman was named a “Legislator of the Year for Children” by Children At Risk and received the Patient Care Champion Award by Harris County Medical Society. She was also honored by Texans for Lawsuit Reform with the Civil Justice Award and as a “Fighter for Free Enterprise” by the Texas Association of Business.

Recently Lt. Gov. David Dewhurst appointed Huffman to serve on the Texas Sunset Advisory Commission, in addition to serving on the Transportation and Homeland Security Committee, the Health and Human Services Committee, the Veterans Affairs Committee and the Government Organization Committee.

Huffman’s district encompasses all or part of 34 cities and 29 school districts in Brazoria, Chambers, Fort Bend, Galveston, Harris and Jefferson counties.

After a heated campaign with a field of six candidates and a special election, she was elected to fill Janek’s vacated seat last December.

The FDA, in conjunction with the Federal Trade Commission, issued a joint warning letter to Weil Lifestyle, LLC, a company marketing what the two agencies claim are fraudulent supplements that claim to help prevent the spread of the H1N1 influenza virus.

The warning letter, the first to be issued jointly by the agencies, orders owners of the site to discontinue marketing their product or face legal action. The letter also gave the owners of the site, www.drweil.com, 48 hours to provide the federal agencies a plan to discontinue the fraudulent marketing.

The product in question was advertised as “Immune Support Formula.” Some sales of the product were believed to have been made in the Houston area.

“The marketing of this product violates the Federal Food, Drug and Cosmetic Act,” the warning letter said. “We request that you immediately cease marketing unapproved, uncleared or unauthorized products for the diagnosis, mitigation, prevention, treatment or cure of the H1N1 flu virus.”

The warning also pointed out that FTC regulations require “that claims of a dietary supplement can prevent, treat or cure human infection with the H1N1 virus must be supported by well-controlled human clinical studies at the time the claims are made.”

“More generally, it is against the law to make or exaggerate health claims, whether directly or indirectly, through the use of a product name, website name, metatags or other means without rigorous scientific evidence sufficient to substantiate the claims,” the letter went on to say. “Violations of the FTC Act may result in legal action in the form of a Federal District Court injunction or administrative order. An order also may require that you pay back money to consumers.”

The FDA and FTC also reminded consumers to be cautious of promotions or Internet sites offering products for sale that claim to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus. Fraudulent H1N1 influenza products come in many varieties, the agencies pointed out, including dietary supplements, as well as products purporting to be drugs, medical devices or vaccines.

Since May 2009, the FDA has warned more than 75 websites to stop the sale of more than 135 products with fraudulent H1N1 influenza virus claims.

“Products that are offered for sale with claims to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus must be carefully evaluated,” said Commissioner of Food and Drugs Margaret A. Hamburg, M.D. “Unless these products are proven to be safe and effective for the claims that are made, it is not known whether they will prevent the transmission of the virus or offer effective remedies against infection. Furthermore, they can make matters worse by providing consumers with a false sense of protection.”

The two federal agencies also warned consumers to take extreme care when buying such products over the Internet because, in addition to being fraudulent, they could also be dangerous.

FDA Acting Associate Commissioner for Regulatory Affairs Michael Chappell said his agency and the FTC will continue to work aggressively to identify, investigate and take action against individuals or businesses that fraudulently promote purported 2009 H1N1 influenza products.

“The FDA continues to consider the sale and promotion of fraudulent H1N1 influenza products to be a possible threat to the public health and in violation of the Federal Food Drug and Cosmetic Act,” Chappell said. “The FDA has an aggressive surveillance program to detect fraudulent H1N1-related products and will take prompt action to stop the marketing of fraudulent H1N1 influenza products and will hold those who are responsible for doing so accountable.”

The warning comes after the FDA recently purchased and analyzed several products represented online as “Tamiflu,” also known as oseltamivir, which may pose risks to patients.

One of the orders, which arrived in an unmarked envelope with a postmark from India, consisted of unlabeled, white tablets taped between two pieces of paper. When analyzed by the FDA, the tablets were found to contain talc and acetaminophen, but none of the active ingredient oseltamivir. The website disappeared shortly after the FDA placed the order.

At the same time, the FDA also purchased four other products purported to diagnose, prevent, treat or cure the H1N1 influenza virus from other websites.

These products contained various levels of oseltamivir, but were not approved for use in the United States.  Several of the products purchased did not require a prescription from a health care professional.

Additionally, the products did not arrive in a timely enough fashion to treat someone infected with the H1N1 influenza virus, or with an immediate exposure to the virus.

“Products that are offered for sale online with claims to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus must be carefully evaluated,” said Commissioner of Food and Drugs Margaret A. Hamburg, M.D. “Medicines purchased from websites operating outside the law put consumers at increased risk due to a higher potential that the products will be counterfeit, impure, contaminated, or have too little or too much of the active ingredient.”

Consumers may not know exactly what they are getting when buying such antiviral products on the Internet from an unfamiliar company.

Patients who buy prescription drugs from websites operating outside the law are at increased risk of suffering life-threatening adverse events, such as side effects from inappropriately using prescription medications, dangerous drug interactions, contaminated drugs, and impure or unknown ingredients found in unapproved drugs. This may particularly be the case in the event of a public health emergency, such as an influenza outbreak, where approved treatment options would be in high demand and expensive, and where drug shortages could occur.

Drugs that are in high demand are vulnerable to counterfeiting and diversion because buyers may be desperate to stock the product. This is when criminals can capitalize on the situation, the FDA said.

The FDA urges consumers to only purchase FDA-approved products from licensed pharmacies located in the United States. Consumers should contact their health care provider if they have any questions or concerns about medical products or personal protective equipment.

The two antiviral drugs approved by the FDA for treatment and prophylaxis of the 2009 H1N1 influenza virus are Tamiflu (oseltamivir phosphate) and Relenza (zanamivir).

Tamiflu and Relenza, in addition to their approved label, have Emergency Use Authorizations that describe specific authorized uses during the current public health emergency.

The FDA actively monitors the Internet and, where appropriate, will purchase and analyze drug products.

Consumers can also visit FDA’s website for tips about how to protect themselves when buying medicines online.

The commission is charged with identifying and eliminating waste, duplication and inefficiency in 29 government agencies set to expire in 2011 under Texas law.

For her part, Huffman said she was looking forward to serving on the commission.

“I am thrilled by today’s appointment,” Huffman said. “The Sunset Commission is vital to holding our government accountable to our citizens and improving state services.”

The Sunset Advisory Commission was established in 1977 and reviews the policies and programs of more than 150 government agencies every 12 years. Five members of the House of Representatives and two public members will join the Senate appointees to conduct comprehensive evaluations of agencies such as the Texas Department of Transportation, the Railroad Commission, the Texas Public Utility Commission, the Department of Insurance and others.

After seeking public input, the commission will adopt recommendations on how to improve each agency’s operations.

Huffman was appointed along with Senators Glenn Hegar (R-Katy), Juan “Chuy” Hinojosa (D-McAllen), Robert Nichols (R-Jacksonville) and John Whitmire (D-Houston), along with public member Charles McMahen.

Hegar will serve as commission chair; Hinojosa will be vice-chair.

“As a fiscal conservative, I look forward to reviewing these agencies and developing innovative recommendations for the legislature to consider in 2011,” Huffman said. “It is essential every tax dollar is utilized in an effective and efficient manner.”

Huffman’s expansive District 17 includes West University Place and Bellaire, west to the Katy area, south through a large portion of Fort Bend County and across Galveston and much of the upper Texas Gulf Coast.

The new prohibiting the so-called “robocalls” took effect in September.

Telemarketers who violate the new rule face penalties of up to $16,000 per call.

FTC Chairman Jon Leibowitz said consumers made it “crystal clear” that few things annoy them more than receiving robocalls.

“This bombardment of prerecorded pitches, senseless solicitations and malicious marketing (is now) illegal. If consumers think they’re being harassed by robocallers, they need to let us know and we will go after them,” Leibowitz said.

The new requirement is part of amendments to the agency’s Telemarketing Sales Rule that were announced a year ago.

The amendments do not prohibit calls that deliver purely “informational” recorded messages – those that notify recipients, for example, that their flight has been cancelled, an appliance they ordered will be delivered at a certain time or that their child’s school opening is delayed. Such calls are not covered by the ruling, as long as they do not attempt to interest consumers in the sale of any goods or services.

The rule amendments also do not apply to calls concerning collection of debts where the calls do not seek to promote the sale of any goods or services.

In addition, calls not covered by the FTC legislation – including those from politicians, banks, telephone carriers and most charitable organizations – are not covered by the new prohibition. The new prohibition on prerecorded messages also does not apply to certain healthcare messages.

The new rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller.

Anyone receiving prerecorded telemarketing calls but have not agreed to get them can file a complaint with the FTC, either through the donotcall.gov website or by calling 1-888-382-1222.