Wednesday, April 21, 2004

Lawsuit filed over strip search scam



By Charles Shumaker

STAFF WRITER



A Mount Carbon woman appears to be the victim of a nationwide scam by someone who claims to be a police officer then orders restaurant managers to perform a strip search on female employees.



A lawsuit filed Tuesday morning in Kanawha County Circuit Court revealed the case from August 2003 involving Sarah A. Wood, who worked at the Applebee’s Neighborhood Grill and Bar in Kanawha City.



A caller to the restaurant, who identified himself as a Charleston police officer, told shift manager Donald Alley that a female employee there had stolen a purse, according to Wood’s lawsuit.



The caller then told Alley to describe all female employees working at the restaurant at the time. After describing his female employees, including Wood, Alley allegedly was told to strip search her. She complied after being threatened with being sent to jail, her lawsuit alleges.



While inside a secluded room in the restaurant, the caller had Alley order Wood to strip while responding to orders with “yes, sir.” The caller remained on the line with Alley throughout the bogus strip search, according to the lawsuit.



“Ms. Wood was crying and sobbing and the caller forced Ms. Wood to say ‘thank you’ to Donald Alley,” the lawsuit alleges.



After bagging up Woods’ clothing, Alley left the room and left her standing naked for about 45 minutes. He then returned her clothing to her and she was allowed to leave the room.



Charleston Police were then called and took a report, but no one was charged in the incident, said Sgt. Brent Webster.



“We feel it was an act of stupidity,” Webster said. “You would think a manager or anybody in a management position would have a enough common sense or at least wait until they see a cop.”



The incident mirrors calls across the country that have caused numerous people, mostly restaurant employees, to be falsely strip-searched for drugs or money.



Some of the targeted businesses have been Applebee’s, Taco Bell, McDonald’s, Wendy’s, Burger King and Ruby Tuesday.



Other lawsuits have been filed nationwide and have included both male and female employees. In at least one case, a March 22 incident at a Taco Bell in Arizona, a customer was searched.



Investigators believe the caller has pulled the same stunt numerous times since 1999.



In another local incident, a female employee at the Hardee’s restaurant on Bigley Avenue went through the same type of strip search in 2001, Webster said.



In that case, no charges were ever brought.



Webster said the managers apparently had no part in the strip, but just made poor decisions and went along with the scam.



In Wood’s case, she is suing Alley and Applebee’s officials for numerous illegal acts including false imprisonment, assault and battery, and sexual harassment.



She and Kentucky lawyer Tracy D. Frye are asking a jury award an undisclosed amount in damages.



The Associated Press contributed to this report.



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UK law applies to Pitcairn



FOREIGN STAFF





SEVEN men facing a string of sexual assault charges on remote Pitcairn Island will be tried under British law in New Zealand, the island’s supreme court said yesterday.



Pitcairn - a British dependency that lies halfway between New Zealand and Peru - has been wracked by a scandal implicating 13 Pitcairn men in multiple sexual assault charges with women and girls as young as three years old. Some of the allegations date back 40 years.



Defence lawyers for seven of the accused had challenged Britain’s sovereignty over the island, which is governed by the British High Commissioner in New Zealand.



Most of the island’s remaining 44 residents are descendants of sailors who staged a mutiny 214 years ago on the British naval ship HMS Bounty. Most of the victims of the alleged abuse now live in the New Zealand city of Auckland.



The lawyers argued that the islanders severed all ties with Britain when they burned the Bounty on 23 January, 1790. They said the men should be tried by the Pitcairn community, not by a British court in New Zealand created specially for the case.



But Pitcairn’s three-judge supreme court, sitting in Auckland, ruled on Monday that Pitcairn Island and its residents are still governed by British law.



"We have not been persuaded that there are any grounds to doubt the historical traditions surrounding the establishment and development of a British settlement on Pitcairn, nor the applicability of the laws enacted for Pitcairn," Charles Blackie, the chief justice, said.



The seven defendants, who were not in court yesterday, are due to appear on 16 June to discuss trial procedures. Their names have not been released.





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Tuesday, April 20, 2004

Spacey Apology In Mugging Incident



LONDON, Apr. 19, 2004

(AP) Actor Kevin Spacey apologized Monday for confusion arising from his report to police that he'd been mugged. The Oscar-winning actor made, then retracted, the complaint after a weekend encounter in a London park that left him dazed and bleeding.



The Daily Mirror newspaper reported that Spacey had been "brutally mugged" in a south London park at 4:30 a.m. Saturday.



Spacey told British Broadcasting Corp. radio that the truth was less dramatic. He said he was walking his dog when a young man approached him with "some sob story about somebody needing to call their mother and could they use my phone.



"It was such a good con, that I actually dialed the number myself and when somebody answered I then finally handed (over) my phone," said Spacey, who won Academy Awards for his roles in "The Usual Suspects" and "American Beauty."



"And this kid took off and I was so upset I ran after him."



Spacey said he had reported the incident to police, but went back a few hours later to clarify his story.



Spacey, 44, said he "woke up after a couple of hours' sleep and I thought, you know, there is a difference between assault and theft and it just wasn't on for me to not come clean about my own level of embarrassment and being humble at the fact that I got taken by the oldest con going."



The incident took place near the Old Vic Theater, of which Spacey is artistic director.



Asked why he was walking his dog at 4:30 in the morning, Spacey said: "My doggy had to go!"



A Metropolitan Police spokesman said a man in his 40s, suffering a minor head injury, had gone to a police station early Saturday to report the theft of his mobile phone.



"He later contacted police that day and withdrew the allegation. That is the end of it from our point of view," the spokesman said on condition of anonymity.



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Man jailed for going undercover to arrest neighbor

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Associated Press

Apr. 20, 2004 09:00 AM





KINSTON, N.C. - A man claiming to be an undercover agent hauled in a handcuffed neighbor for booking - but ended up facing charges of his own.



Reginald Suggs was charged Sunday with kidnapping, aggravated assault and possession of a concealed weapon. He was in jail Monday with bond set at $15,000.



Wilbur Grady said Suggs, 49, approached him Sunday and told him he was under arrest. He brandished a wooden stick and a .25-caliber semiautomatic handgun, according to police reports. Grady said he recognized Suggs, who lives a few doors down on the same street.



"I was just in the yard washing the tires when this dude walked up in my yard and said he was an undercover agent," Grady said. "He told me I was under arrest. I told him to get out of my yard with that crazy talk."



The two exchanged words before Suggs rushed up and cuffed Grady's hands behind his back. Suggs then forced Grady, 68, into Suggs' car and drove him to the county jail. He told a magistrate that he had brought in a prisoner for possession of stolen property, selling illegal lottery tickets and selling alcohol without a permit.



"It was the darndest thing," said Joe Grady, a 12-year veteran in the Lenoir County Magistrate's office who quickly realized Suggs didn't have the authority to make arrests. "I've never seen anything like that before."

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Friday, April 16, 2004

What do I think of all this? I think there's a story here about the Government shutting down the Porn industry by spreading the AIDS virus through the performers.....



US porn industry hit by HIV fear



PA in New York

Friday April 16, 2004

The Guardian



Leading figures in the US pornography industry have called for all adult movie production to cease for two months because of fears of an HIV epidemic among its stars.

The porn business in the US is believed to be worth billions of dollars every year and its stars are frequently monitored for HIV.



For four years it is claimed that not a single porn star gave a positive test, but earlier this month actor Darren James, tested positive. It is now feared that the San Fernando-based actor may be one of many infected stars. A dozen women he has appeared with on film recently are being tested.



The Adult Industry Medical Health Care Foundation called for production to cease for two months while all actors were tested for the virus. The proposal has been seconded by the industry's trade publication, Adult Video News.



Jill Kelly, a former porn star who runs her own production company, said: "Anyone who continues to shoot at this point are complete idiots."







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Thursday, April 15, 2004

So can a reporter investigate possible wrongdoing at the Tampa Police Department without being arrested or prosecuted



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Defendant Shot in Courtroom While Lunging at Judge

Episode is latest in a series of incidents causing officials to rethink staffing levels



Jeff Blumenthal

The Legal Intelligencer

04-15-2004





A 24-year-old defendant was shot by a sheriff's deputy while lunging at a city judge who sentenced him to two to four years in prison at the conclusion of a parole violation hearing Monday.



The defendant, Shawn Frazier, was appearing before Judge Gary S. Glazer for a parole violation hearing related to a 1999 firearms conviction at about 11 a.m. when he was sentenced. Police officials said the 6-foot-3, 285-pound Frazier responded by flipping over the defense counsel table and chasing after the judge, who ran out of the room to safety with Frazier in hot pursuit.



When Frazier reached the door, the deputy -- who sheriff's officials said was a 20-year veteran -- fired a single shot into the defendant's lower back, police officials said.



At a press briefing outside the Criminal Justice Center, Philadelphia police Capt. Thomas Quinn said that the sentence was due to Frazier's missing required appointments and for testing positive for drugs. Quinn said Frazier waved his hands in the air and lunged toward the judge, who fled the courtroom. When Frazier reached the door the judge used, the deputy fired one shot from his gun.



"He apparently just, for want of a better term, flipped out," Quinn said.



Frazier was taken to Thomas Jefferson University Hospital, where he was in critical condition as of press time Monday.



Police and sheriff's officials declined to release the name of the deputy, who was the only law enforcement officer in the CJC courtroom. Philadelphia Sheriff John Green said the deputy was placed on administrative leave pending an investigation.



Philadelphia district attorney's office spokeswoman Cathy Abookire said that District Attorney Lynne Abraham was not available for comment Monday. Abookire said that the prosecutor in the courtroom at the time of the incident was Danielle Andrisani, an assistant district attorney from the felony waiver unit.



Glazer, 54, a former federal prosecutor, was elected to his first 10-year term as a common pleas judge in 1991 and won re-election in 2001.



The shooting was one of several incidents involving defendants this year. Last month, deputies had to tackle a murder suspect after he sucker-punched his defense attorney during a trial. Days later, a deputy sheriff allegedly discovered that the same defendant, Malik El-Shabazz, had smuggled a homemade knife into the courthouse as jurors deliberated whether he should get the death penalty for murdering a 6-year-old girl.



In February, a man charged with killing a 13-year-old girl escaped from a locked room at the courthouse and was loose for about 10 minutes before he was captured in a ceiling crawl space.



"Right now, we need to just assess our manpower situation and see if we need more people. We've had a rash of incidents," Green said. "You would like to see more than one deputy in the courtroom. ... Our deputy did a fantastic job when you consider he was alone."



Municipal President Judge Louis Presenza serves as co-chairman of the Philadelphia courts' security committee along with Common Pleas Judge Esther Sylvester. He said that considering the hundreds of cases and people at the CJC every day, the Philadelphia criminal courts have a pretty strong safety record.



"Of course, when something like this happens, it's going to get a lot of attention, and it should," Presenza said. "But on a daily basis, I think the security is pretty good." Presenza said that the more security available, the better." But he said he did not want to question the decision-making of Green and his deputies.



"The sheriffs are in charge of security, and it would appear that [shooting Frazier] was something this deputy felt he had to do," Presenza said. "The question becomes: Is there a way to address [incidents] like this without discharging a weapon? I wasn't there so I don't know for sure. But I'm sure [the security committee] will discuss this."



George Newman, the Philadelphia Bar Association's criminal justice section chairman, has been handling criminal defense cases for 29 years. He said he could not recall such an incident occurring in Philadelphia.



"Things like this are rare, and considering the volume of people they have over there every day, the chances of something like that happening are around the same as being struck by lightning," said Newman, name partner at Newman & McGlaughlin. "I don't think security is inadequate. In certain cases, maybe you want two deputies, but for the vast majority, one is sufficient."



As for the deputy discharging his gun, Newman said, "it might be justified, but it does raise questions because that should only happen as a last resort. I would think there will be a serious investigation into that."



One criminal defense attorney, who did not wish to be identified, said that sheriff's deputies come in all shapes, sizes and ages. And depending on which deputy was involved, the attorney said that most deputies would not want to engage such a large man in hand-to-hand combat or risk having their gun taken -- in the process, endangering other court personnel and citizens in the courtroom.



The Associated Press contributed to this story.

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Tuesday, April 13, 2004

Firm cheers loss of robot in Iraq



BURLINGTON, Massachusetts (Reuters) -- A U.S. robot manufacturer Monday hailed the destruction of one of its units in Iraq and said it showed how valuable the machines have become for the U.S. military.



iRobot Corporation learned last week from the Pentagon that one of its units, called a PackBot, was "destroyed in action" for the first time. Its destruction meant the life of a U.S. soldier may well have been saved, the company said.



"It was a special moment -- a robot got blown up instead of a person," said iRobot CEO Colin Angle.



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When "Water" Isn't Wet

NEW YORK CITY-April 13, 2004 — A new chemical concocted by scientists at the Tyco's Fire and Security Division looks and acts just like water except for one thing... it doesn't get things wet.



Click Here for More WPVI.com Bizarre News

During Tuesday's Good Morning America, a representative of Tyco Fire and Security displayed the amazing properties of the chemical that's called "Sapphire."



The chemical has all the firefighting properties of water, yet it will not cause the damage to items that is usually associated with water.



As part of a demonstration, Pelton submerged several items into a tank of Sapphire that was on the Good Morning America set. Books did not get wet. Electronics were not be destroyed. Items that were submerged in the liquid were dried in a matter of seconds, and showed no ill effects according to Charles Gibson, Diane Sawyer and other members of the Good Morning America staff who saw items plunged into it.



Charles Gibson/Good Morning America: "It looks like water, but it's not."

The Sapphire is intended to become part of fire suppression systems in buildings. It would automatically be sprayed out of a building's sprinkler system when a fire is detected.

Dave Pelton/Tyco Fire and Security: "This material would protect various artifacts, collections,. You could use it in museums, libraries, places of cultural property."

There was a substance that had similar properties produced in the past, but that fire suppression liquid was damaging the ozone layer. The new substance by Tyco is supposed to be environmentally safe.

(Copyright 2004 by WPVI-TV 6 and ABC News. All rights reserved.)



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Mystery noise keeps street awake

By Kevin Barnes





A group of Epsom residents, sleepless in suburbia, fear they face little prospect of catching some shut-eye after experts told them they were powerless to pin down the mystery noises keeping them awake.



Light sleepers in Manor Green Road have failed to clock-up a decent night's slumber in six months because of the sounds which regularly wake them up.



The residents said they have been hearing five repeated thuds in the middle of the night and cannot trace the source.



Double-glazed windows and ear plugs have been no match for the tumult.



So intolerable is the situation that one homeowner has considered seeking a deep-sleeping buyer with a dreamy nature to restore her silent nights.



When Claire Stott, 50, enlisted the help of Epsom and Ewell Borough Council's environmental health department she was told to collate more information.



Officers insist they are unable to identify the sound because it occurs at irregular intervals.



A spokesman told the Guardian: "We need a starting point. When we last received a call about the problem in February we were not in a position to help.



"We really have to have a better suggestion of where it is coming from."



Residents, however, said it was their failure to trace the source that prompted them to turn to the department.



In a desperate bid to get a good night's sleep, the tired residents are calling on Guardian readers to solve the riddle of the racket.



Mrs Stott said: "Everyone is baffled. The noise is driving me mad. It's like someone beating loudly on a drum.



"People say you can just get back to sleep, but it's not that easy. You are thinking all the time of when it will come back again. I just hope someone will recognise this problem and come forward."



Builders working in neighbouring Long Grove Road have put forward a water pump as the possible culprit.



But residents say it is too far removed to generate the noise, which is penetrating the double-glazed windows.



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'Jetson' Lifestyle May Not Be Too Far Away



IBM is working on several initiatives to make your home just as futuristic as theirs was.



For instance, there's an iron that reminds you to turn it off. There's an oven that not only cooks, but acts as a cooling device as well. And it can be remotely operated by a cell phone, mobile tablet or Web-enabled command center in case you get inadvertently delayed at work.



There's also the so-called "smart countertop," which posts a warning if two pill bottles on the countertop contain medicine that, if taken together, would lead to bad side effects.



IBM senior technical staff member Bill Bodin said the company is continuously working to make living more convenient and safer for its customers.

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Saturday, April 10, 2004

CONVICTED



Michelle Lenora Behles, 30, Grand Forks, must serve 60 days at the NWRCC, with the option to serve it under electronic home monitoring, for fifth-degree controlled substance crime. She pleaded guilty to one count March 1 and the other count was dismissed.



Judge Roue sentenced her to 12 months, stayed for five years, on the following conditions: she undergo a chemical dependency evaluation, do not consume alcohol or other intoxicating substances, pay fines and fees of $117.50 and restitution of $1,547.95 to RiverView Health, and possess no firearms.



According to the complaint, Behles had been to Riverview's emergency department several times in late December and early January to secure prescriptions for painkillers and muscle relaxants. She had used different aliases to get the medications, which she said was for back pain.





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County gets Tasers



By Natalie J. Ostgaard, City Editor

If you've seen a Polk County Sheriff's deputy on duty in the past few months, you may have noticed him or her donning an extra holster that holds a rather unusual-looking weapon. The weapon is a Taser - the latest trend in law enforcement technology sweeping the nation.



Deputy Jim Tadman gave an overview of the Taser to Polk County Commissioners Tuesday, showed a video of several deputies receiving the "taser treatment" themselves, and demonstrated it live on Deputy Darrin Selzer. Tadman said the Polk County Sheriff's Office has been using Tasers since January 17 of this year.



The PCSO is equipped with X26 advanced Tasers, the latest incarnation of the product that only came out in 2003. The X26 is five times more powerful than the previous version, the M26, yet is 60 percent small, said Tadman.



Tasers don't come cheap - the X26 carries a price tag of $800 apiece. Besides the guns, several cartridges to go along with them, at $18 and $22 each, must be purchased as well. Each deputy carries three or four of these with the Taser, he said, and more are needed for training.



"The big cost is the startup," said Tadman.



Funds to purchase the Tasers came from several sources, including $2,200 from fund-raising, the law enforcement budgets of Fosston and Fertile and PCSO funds. There are currently 11 tasers distributed among deputies: two in Fosston, one in Fertile, and eight that are rotated among other deputies on duty.



Effective, non-lethal weapon



Many people have heard of the taser but don't understand how it works. The muscular destruction weapon - essentially a stun gun - is considered non-lethal in that it doesn't cause long-term injury. It simply immobilizes a person for a few seconds.



Tadman explained how the high-tech Taser works: The gun is packed with 50,000 volts of electronic electrical energy and runs on batteries. A cartridge attached to the unit holds two fishhooks attached to a 21-foot long super thin thread. When fired, the laser-guided probes propel two darts at 180 feet per second that, ideally, penetrate the subject's body. The second dart actually propels eight degrees lower than the first.



What happens when the probes hit a person's body, sending out 50,000 volts of electricity? The subject will be dazed for a few seconds and drop down to his or her knees, Tadman said, but "recovery is fast. The effects stop the very instant it's shut off."



The Taser is automatically timed to last five seconds, though he said the operator can stop it sooner. When Tadman turned the unit on (without the cartridge attached), a small flash of lightening constantly displayed and it sounded like a jackhammer. "That's a long five seconds," he commented.



"Does it hurt? It's extremely painful," he said. "It also takes your breath away and feels like you can't breathe, but you can."



The pulsating electrical output communicates between the brain and muscular system, he explained, which throws it off balance, resulting in loss of control and tensing of the body. It is not, however, destructive to nerves, muscles or other body elements.



Once the Tasing incident is over, the deputy pulls the probes out, wipes the area with antiseptic, and may need to put a bandage on it. The area where the probes hit may resemble a bee sting, said Tadman. If the probes get in any soft tissue, such as the face, neck, groin area or the breast area in women, officers must immediately take the subject to the emergency room, where medical personnel will remove the probes.



The Taser is totally safe, said Tadman, even for heart patients. As proof, he showed a video of one deputy who'd recently had a pacemaker put in. After being "Tased," he promptly got back up and showed no ill effects from the experience.



When using the cartridge, the output is not transferred from one person to another even if they touch, he said. The unit can also be used in water, though someone must be there to keep the subject from drowning.



There are two kinds of cartridges the PCSO works with: the regular aluminum cartridge and the XP (extra power) yellow cartridge. Because people in northwest Minnesota tend to wear heavier clothing and more clothing, Tadman said they recommend carrying the XP, which penetrates .56 inch. The regular cartridge penetrates 3/8 inch. Each cartridge can only be used once.



Another option for using the Taser is the dry stun, Tadman explained. If, for example, a deputy would need to use the cartridge on one person and immediately use the gun again, he or she could press the subject with the gun and it would produce 50,000 volts. This could be done with or without the cartridge but it can't be done at a distance, he said.



This is the first of two parts. Part 2 will appear in tomorrow's Times.





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Wednesday, April 7, 2004

Lightning crashes computer systems in Palmerston North



07.04.2004 4.00 pm



Lightning bolts crashed computer systems and could be to blame for trapping 200 people in a Palmerston North city building yesterday.



Workers at the Land Transport Safety Authority's building in King Street said they were locked in their office when security doors froze shut about midday.



The doors locked after lightning struck the city during a hailstorm that swept the area.



The doors act as a barrier between staff and the reception area and provide the main access for staff working in the office.



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Monday, April 5, 2004

Vampire bats on attack in Brazil





Vampire bats feed on mammals' blood

Bites from rabies-carrying vampire bats killed 13 people in a north-eastern Brazilian state last month, the health ministry said on Friday.

The ministry said the record number of deaths was matched by an increase in bat attacks to about 300.



A programme to vaccinate domestic animals and people deemed at risk will begin in the area next week.



One report suggests scientists believe deforestation may be a factor behind the increase in attacks.



Vampire bats feed on mammalian blood, and can pass on rabies from animals to humans.



Laboratory tests have proven that six deaths in Para state were due to human rabies linked to bat bites, said health official Fernando Dourado, speaking to reporters in Belem on Friday.



Test results have not yet arrived for the seven other victims, but they displayed similar symptoms and had also been bitten.



Three people remain ill in hospital, one critically.



The cases appear to be concentrated in areas close to Marajo - the world's biggest estuarine archipelago.



More bats?



A health ministry spokesman told Reuters news agency government scientists believed the more aggressive behaviour of the bats could be linked to deforestation.



Greater availability of livestock, coupled with less vegetation for fruit-eating bats, could have favoured an increase in the numbers of vampire bats.



Deforestation could also force changes in bats' migration patterns, affecting their population and behaviour.



A doctor at the hospital where the patients died, Carmem Andrea Freitos, has also noticed changes in the incubation period of rabies in her recent patients.



Typically, patients with human rabies die an average of 20 days after being bitten, reported the regional newspaper O Liberal, but Dr Freitos says some of her patients were bitten up to six months ago.







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Saturday, April 3, 2004

Mom Accused Of Stripping At Son's Party Heads To Jail



POSTED: 8:13 a.m. EST April 2, 2004



MERCER, Pa. -- A Pennsylvania mom is going to jail for allegedly stripping at her teenage son's birthday party.



Prosecutors charged that 35-year-old Patricia Johnson provided the entertainment when plans to ride go-carts fizzled. Thursday, a judge sentenced Johnson to serve three to 15 months in jail.



She pleaded guilty last month to a misdemeanor corruption charge and furnishing alcohol to minors. But Johnson didn't admit she stripped for the 13- to 16-year-old boys at a hotel. Authorities said Johnson bought beer for her son and three friends -- and licked their faces while she did her striptease act.





Johnson said her unusual behavior was fueled by pills and alcohol.