Genarlow Wilson was a High School athlete of some reknown, when he and a couple of buddies got a few High School girls drunk and then filmed them providing oral sex. There was no question that the girls were under age 16, and that Genarlow was over 16. There is also no question that the girls consented to the act although it was probably easier to overcome their sense of propriety thanks to the alcohol provided by the boys (though accepted and consumed by the girls.) For these "crimes" Georgia has sentenced Genarlow to TEN YEARS IN PRISON. Had they had sexual intercourse he would have faced but one year in jail. Go figure.
I have blogged about the case before here. A ton of the Blogosphere has blogged the case too not the least of whom are Professor Volokh and our friend Professor Berman.
Berman asks an important question. Where are the stars who usually rally around these cases? Prof. Berman recieved two interesting responses to his suggestion that the stars come out for Genarlow. One suggested that because he acted like a cad, most of Hollywood is afraid to come to his aid. Unfortuately Hollywood has created the beast. Genarlow is simply acting like the idiots he sees on MTV, E! and even on the big three.
I have been interviewed on the subject in Newsday recently and on CNN but I truly believe that the culture of reality TV and the easy access to fame(YouTube, MySpace) make it "acceptable" in the teenage mind to be part of a life that makes most adults shutter.
While it is just like teens to push the envelope, the push has become stronger now that the Internet and TV is there to tell each of them where the line in the sand is drawn. (How's that for metaphor mixing?)
Anyway, the need for parents to increase their vigilance is even higher now. We have gone beyond the need to snoop into one's diary. We need access to web addresses and to passwords.
As for the original part of the post, maybe the guy who owns "BangBus" or "Girls Gone Wild" should be kicking in to the defense fund here. After all, was what these kids did, any different from what those two companies extol??
Sunday, January 28, 2007
Wednesday, January 17, 2007
That Lawyer Dude Is Cited in Newsday On The North Babylon "Wilding" or "Hopping" Incident
Big week for being cited by the MSM (Main Stream Media, as opposed to the blogging community)for That Lawyer Dude. First Fox.com and now these two stories in Newsday today.
The topic (sadly) is a wilding incident where three young women attacked another girl for no apparent reason (evidently it had something to do with a boy.)
Though the child who got beaten was not hurt, the incident passed by every one's notice until one of the kids or their friends put it up on the Internet. It went on some one's My Space.com and now it is all over the place.
The three aggressors have been suspended from school and now they are being prosecuted. I must admit if you see the video it looks pretty violent...then again assaults always seems violent. There is hair pulling and pinching and punching and pushing and probably a whole bunch of other stuff too (I think I saw kicking.)
On the other hand, it pretty much looks like every other fight I have ever seen. Whether it is now worth a criminal investigation is really questionable, but now that it is front page news, well we gotta have an investigation. Damn the expense there is a chance to be on a front page (or on Larry King Live.)
Now you maybe wondering why since I was quoted extensively I would be complaining. Well because the only reason anyone cares about this is because it is in the newspapers and on TV. I was shocked to see how little the interviewers (I was also vetted by CNN for their programs but I guess I wasn't willing to make enough out of it to be interesting to their viewers so they had Dr? Laura Schlessinger on to rant about our kids run amok.)
The incident does raise a lot of issues, but the least one is whether these kids need to be prosecuted. The girls have been suspended from school. This is even though the incident did not happen at their school or during school hours. It wasn't even an attack on a girl who goes to their school.
The issues I think are important are:
1. Why would they attack a girl 3 on 1?
2. Why did they film it?
3. After filming it, why did they put it up on one of their web pages?
4. What effect did reality TV playing in this?
5. What effect did violent entertainment (ie video games, TV, Movies etc)play here?
6. What if any responsibility does the hosting website have in this mess?
7. Why aren't the parents of these youngsters monitoring and editing their websites.
That kids fight, well, sadly that happens. Further it is probably age appropriate for 11-14 year olds. If I had been the principal, after I learned they had put the thing on the web, I too would have suspended the girls so that they would not be a distraction to other students. Had the item not appeared on the web and I learned of it I would have ordered peer counseling which has remarkable results on bullying, more than any other counseling I have seen in this age group when done correctly.
What makes this really scary, is the need of the girls to publically humiliate their victim, and to boast of their own violence on the Internet.
Our practice handles a lot of Internet/Cyber Crime. Up until lately that has been limited to Pornography, illegal Internet Gambling, Identity Theft, and of course Sexual Abuse. The addition of children (these are 13 and 14 year old girls) using the net to posit and boast or threaten other children is a burgeoning field. Every week we are getting more and more e-mails and phone calls about cyberstalking and calling people out.
It is in posts on My Space. It is not just on the weirdo sites anymore. It is on YouTube. There has always been a market for "backyard fighting" and such. These wilding incidents are just a push of the limits as to how far we will go to both protect the internet from censorship and to what controls we as adults will use to control our own kids.
For now, I am more a reporter of fact than I am a commentator. As a parent, and a lawyer I will tell other parents they have a right to snoop and check up on the internet use of their kids. Even so, there are limits how successful we can be. Our ability to monitor is difinitively going to be reduced as technology skyrockets. The new I-phones for example will be a huge test for us. When kids have them, even parents who are conscientious can easily loose track and control. Kids understand the technology much better than we do. These new smart phones will give kids access to the internet 24-7-365. Even the best of us cannot monitor that.
If we cannot monitor, what can we do?
*Well, for starters we can force internet companies like YouTube and My Space to take more responsiblity for monitoring their sites.
*We can to the best of our abilities monitor the sites our children use on the home or their personal computors.
*We can require the cellular phone companies provide us with detail bills of whom are children are sending text messages and MMS and other types of messages to.
*We can require e-mail to provide us with passwords to monitor our kids e-mail.
*Most importantly we can require that we talk to our kids. We need to find out if they are miffed at someone or if they are being threatened by someone. We can take phone calls from other parents who say their kid is afraid of our kids seriously. We can refuse to allow our kids to speak to us as they do thier friends. We can require civility.
*We can teach our kids about peace and love and even a higher power. We can stop eschewing formal religion and practice the ethics of the religion we adopt. We can be home when the kids get home, and we can be up and awake when they walk through the door.
Knowing that they will have to face us, and answer a host of imposing questions (like who were you with?, and where were you?, and what did you do?, etc) will be enough to slow most kids down. If nothing else, it's a start.
The topic (sadly) is a wilding incident where three young women attacked another girl for no apparent reason (evidently it had something to do with a boy.)
Though the child who got beaten was not hurt, the incident passed by every one's notice until one of the kids or their friends put it up on the Internet. It went on some one's My Space.com and now it is all over the place.
The three aggressors have been suspended from school and now they are being prosecuted. I must admit if you see the video it looks pretty violent...then again assaults always seems violent. There is hair pulling and pinching and punching and pushing and probably a whole bunch of other stuff too (I think I saw kicking.)
On the other hand, it pretty much looks like every other fight I have ever seen. Whether it is now worth a criminal investigation is really questionable, but now that it is front page news, well we gotta have an investigation. Damn the expense there is a chance to be on a front page (or on Larry King Live.)
Now you maybe wondering why since I was quoted extensively I would be complaining. Well because the only reason anyone cares about this is because it is in the newspapers and on TV. I was shocked to see how little the interviewers (I was also vetted by CNN for their programs but I guess I wasn't willing to make enough out of it to be interesting to their viewers so they had Dr? Laura Schlessinger on to rant about our kids run amok.)
The incident does raise a lot of issues, but the least one is whether these kids need to be prosecuted. The girls have been suspended from school. This is even though the incident did not happen at their school or during school hours. It wasn't even an attack on a girl who goes to their school.
The issues I think are important are:
1. Why would they attack a girl 3 on 1?
2. Why did they film it?
3. After filming it, why did they put it up on one of their web pages?
4. What effect did reality TV playing in this?
5. What effect did violent entertainment (ie video games, TV, Movies etc)play here?
6. What if any responsibility does the hosting website have in this mess?
7. Why aren't the parents of these youngsters monitoring and editing their websites.
That kids fight, well, sadly that happens. Further it is probably age appropriate for 11-14 year olds. If I had been the principal, after I learned they had put the thing on the web, I too would have suspended the girls so that they would not be a distraction to other students. Had the item not appeared on the web and I learned of it I would have ordered peer counseling which has remarkable results on bullying, more than any other counseling I have seen in this age group when done correctly.
What makes this really scary, is the need of the girls to publically humiliate their victim, and to boast of their own violence on the Internet.
Our practice handles a lot of Internet/Cyber Crime. Up until lately that has been limited to Pornography, illegal Internet Gambling, Identity Theft, and of course Sexual Abuse. The addition of children (these are 13 and 14 year old girls) using the net to posit and boast or threaten other children is a burgeoning field. Every week we are getting more and more e-mails and phone calls about cyberstalking and calling people out.
It is in posts on My Space. It is not just on the weirdo sites anymore. It is on YouTube. There has always been a market for "backyard fighting" and such. These wilding incidents are just a push of the limits as to how far we will go to both protect the internet from censorship and to what controls we as adults will use to control our own kids.
For now, I am more a reporter of fact than I am a commentator. As a parent, and a lawyer I will tell other parents they have a right to snoop and check up on the internet use of their kids. Even so, there are limits how successful we can be. Our ability to monitor is difinitively going to be reduced as technology skyrockets. The new I-phones for example will be a huge test for us. When kids have them, even parents who are conscientious can easily loose track and control. Kids understand the technology much better than we do. These new smart phones will give kids access to the internet 24-7-365. Even the best of us cannot monitor that.
If we cannot monitor, what can we do?
*Well, for starters we can force internet companies like YouTube and My Space to take more responsiblity for monitoring their sites.
*We can to the best of our abilities monitor the sites our children use on the home or their personal computors.
*We can require the cellular phone companies provide us with detail bills of whom are children are sending text messages and MMS and other types of messages to.
*We can require e-mail to provide us with passwords to monitor our kids e-mail.
*Most importantly we can require that we talk to our kids. We need to find out if they are miffed at someone or if they are being threatened by someone. We can take phone calls from other parents who say their kid is afraid of our kids seriously. We can refuse to allow our kids to speak to us as they do thier friends. We can require civility.
*We can teach our kids about peace and love and even a higher power. We can stop eschewing formal religion and practice the ethics of the religion we adopt. We can be home when the kids get home, and we can be up and awake when they walk through the door.
Knowing that they will have to face us, and answer a host of imposing questions (like who were you with?, and where were you?, and what did you do?, etc) will be enough to slow most kids down. If nothing else, it's a start.
Monday, January 15, 2007
Fox News Cites That Lawyer Dude On The Heidgen Case
I want to welcome all of the visitors from Fox News. I hope you will visit often.
The hits on this blog more than doubled yesterday and I had no idea why. Now I know. This story on Fox News' website cites my post on the Martin Heidgen verdict. I am cited for differing with the prosecution and saying that the verdict will be overturned. I guess we will see. Coincidentally I just had another post on DWI's right below this one. I guess that's proof that "great" minds think alike.
The hits on this blog more than doubled yesterday and I had no idea why. Now I know. This story on Fox News' website cites my post on the Martin Heidgen verdict. I am cited for differing with the prosecution and saying that the verdict will be overturned. I guess we will see. Coincidentally I just had another post on DWI's right below this one. I guess that's proof that "great" minds think alike.
Sunday, January 14, 2007
Drinking And Driving Does Not Equal Driving While Intoxicated
I have spent the better part of this holiday season trying to disabuse potential clients of the idea that because they had a drink and drove, didn't mean that the prosecutors could prove they were drunk at the time they were arrested. The anti-alcohol lobby has done an excellent job of telling America, wrongly of course that if you drink and drive, you're guilty of Driving While Intoxicated.
If you were not driving while intoxicated, under NY law you are not guilty of the crime. There are many ways to attack an unlawful charge of driving while intoxicated.
To begin, If there were others in the car with you, and they can testify to your sobriety that will help. In a recent trial a policeman testified that the defendant was weaving within his lane and twice hit a divider. The police officer wrote a ticket for failing to maintain lane (he needed probable cause to stop and otherwise legally driven car so he could breath test the driver.) The defendant and his friend both testified that it never happened. The jury failed to convict on the charge. Juries do not always believe the police.
Second, assuming that the accused was drinking at a bar or restaurant before driving a bill from the bar or restaurant that delineates what was consumed can be strong evidence of total consumption especially when coupled with the bartender or waitress testimony or that of fellow diners.
Inaccuracies as to how the Standardized Field Sobriety Test is given also can lead to a jury raising reasonable doubt as to one's guilt of intoxication at the time they were operating a motor vehicle.
Finally if the judge will allow it, there is the issue that the breath test does not test your actual blood alcohol level and there may be medical evidence to attack the validity of the test.
With new plea bargaining rules in place in Nassau and Suffolk Counties it may behoove those that are facing the real possibility of jail to skip the Breath test. If one has taken the test, there is a very good attack on both the science of the machine and the way the test is taken. One of the most damaging pieces of evidence is that police will not allow defense experts to examine their machine. After all, if they have nothing to hide, why won't they let our expert take a peek?
The main message here is that even though the politicians and the advocates for the anti-alcohol lobby have been snowing America for years there are very strong defenses for someone who is wrongfully accused of drinking and driving. The most important part of the puzzle is finding a lawyer who is not afraid of the jury and is not in it to cash in on your misfortune. A lawyer who is really going to put the people to the test is going to be expensive. There will be motions and hearings and trials involved. With the cost of an expert witness or witnesses the cost could easily run in the tens of thousands of dollars. That said, with District Attorney's in both Nassau and Suffolk counties on Long Island and even in Queens County tightening up their plea bargaining rules, and with the New York State Legislature making ridiculous rules that can ruin lives of good people wrongfully accused of this crime, the investment in winning a trial is far more than worth the cost.
If you were not driving while intoxicated, under NY law you are not guilty of the crime. There are many ways to attack an unlawful charge of driving while intoxicated.
To begin, If there were others in the car with you, and they can testify to your sobriety that will help. In a recent trial a policeman testified that the defendant was weaving within his lane and twice hit a divider. The police officer wrote a ticket for failing to maintain lane (he needed probable cause to stop and otherwise legally driven car so he could breath test the driver.) The defendant and his friend both testified that it never happened. The jury failed to convict on the charge. Juries do not always believe the police.
Second, assuming that the accused was drinking at a bar or restaurant before driving a bill from the bar or restaurant that delineates what was consumed can be strong evidence of total consumption especially when coupled with the bartender or waitress testimony or that of fellow diners.
Inaccuracies as to how the Standardized Field Sobriety Test is given also can lead to a jury raising reasonable doubt as to one's guilt of intoxication at the time they were operating a motor vehicle.
Finally if the judge will allow it, there is the issue that the breath test does not test your actual blood alcohol level and there may be medical evidence to attack the validity of the test.
With new plea bargaining rules in place in Nassau and Suffolk Counties it may behoove those that are facing the real possibility of jail to skip the Breath test. If one has taken the test, there is a very good attack on both the science of the machine and the way the test is taken. One of the most damaging pieces of evidence is that police will not allow defense experts to examine their machine. After all, if they have nothing to hide, why won't they let our expert take a peek?
The main message here is that even though the politicians and the advocates for the anti-alcohol lobby have been snowing America for years there are very strong defenses for someone who is wrongfully accused of drinking and driving. The most important part of the puzzle is finding a lawyer who is not afraid of the jury and is not in it to cash in on your misfortune. A lawyer who is really going to put the people to the test is going to be expensive. There will be motions and hearings and trials involved. With the cost of an expert witness or witnesses the cost could easily run in the tens of thousands of dollars. That said, with District Attorney's in both Nassau and Suffolk counties on Long Island and even in Queens County tightening up their plea bargaining rules, and with the New York State Legislature making ridiculous rules that can ruin lives of good people wrongfully accused of this crime, the investment in winning a trial is far more than worth the cost.
Saturday, January 13, 2007
And While We're On The Topic Of Porn & Computers... Check Out This Prosecution Boondoggle
In a couple of our last posts (here and here) I have been talking about prosecutors and government wasting taxpayers money, their time and our precious resources on sex crime issues. Just as I thought I was finished with the topic, I saw this article. Is this Prosecutor Thomas kidding??? Sadly no. The voters of Maricopa County AZ need to start a recall. In fact they should be outside of his office everyday until he resigns for being an idiot. I am sorry but putting a 16 year old through hell for possession of 9 pictures that he may or may not have downloaded and making a crime of one 16 year old showing another 16 year old a Playboy magazine is a crime in itself. Forcing the plea was at best a face-saving effort for a jerk DA. Maybe a Congressman should ask the Bar to investigate this guy. What ever happened to the saying "De minimis non curat lex?”
Hattip to : Classically Liberal.
Hattip to : Classically Liberal.
Justice Department Doesn't Need More Money, It Needs To Get It's Priorities Straight: That Lawyer Dude's Solution To Justice's Staffing Problem
Seems that budget problems in Washington D.C. are creating a hiring freeze of sort at the big three Law-enforcement agencies; The FBI, The DEA and ATFE (formerly ATF the guys that brought us WACO.) According to the Beltway Brains, the failure to increase the budget on these agencies is costing us in the crucial areas of fighting violent crime and terrorism. Their answer of course is to pass a spending bill that increases the budgets for these agencies instead of stop-gap spending bills that create an inability to plan and hire more "troops." Well far be it from me to suggest that Congress shouldn't do its job and pass a budget. As for increasing the budget for the Justice Department to squander... well lets just say I have a better idea.
How about we scale back the DOJ budget and get the Justice Department to stop trying to enforce laws that the states should be enforcing? Additionally, how about we stop using federal funds to look into things that are the pet peeves of the political elite... like say Pornography? Yeah, lets take the Forty or so agents (and their staffs) whose job it is to scour the internet for porn (not child porn mind you but adult porn) to look at dirty movies and put them to work fighting Al Qaeda? In fact we can use the porn tapes they've been buying to torture the Al Qaeda operatives we capture. Instead of Water-boarding, they have to watch Mary Carey movies until they break. Sure it's cruel, but then again, think of how much we will save on the cellophane. After all the movies are reusable. Believe it or not, after watching the porn, the agents need psychological help which our government then has to provide.
The Justice Department's budget is OUT OF CONTROL because the Neo-conservatives have a basic misunderstanding of the Tenth Amendment to the US Constitution. (They need to read this and study these.) Unfortunately, so do democrats and liberals. Hence the Democrat Senator Barbra Mikulski (who chairs a panel that oversees funding of the Justice Department) is saying stupid things like
We cannot afford to keep looking to Washington DC to fight every battle that someone thinks needs to be fought. If people in Pittsburgh think porn is a bad thing and should be fought, let them pay for that privilege. In NYC we have bigger things to worry about. Porn is not even on the first fifty pages of the list. Al Queda doesn't even know Pittsburgh exists. I wish I could say the same about Manhattan.
How about we scale back the DOJ budget and get the Justice Department to stop trying to enforce laws that the states should be enforcing? Additionally, how about we stop using federal funds to look into things that are the pet peeves of the political elite... like say Pornography? Yeah, lets take the Forty or so agents (and their staffs) whose job it is to scour the internet for porn (not child porn mind you but adult porn) to look at dirty movies and put them to work fighting Al Qaeda? In fact we can use the porn tapes they've been buying to torture the Al Qaeda operatives we capture. Instead of Water-boarding, they have to watch Mary Carey movies until they break. Sure it's cruel, but then again, think of how much we will save on the cellophane. After all the movies are reusable. Believe it or not, after watching the porn, the agents need psychological help which our government then has to provide.
The Justice Department's budget is OUT OF CONTROL because the Neo-conservatives have a basic misunderstanding of the Tenth Amendment to the US Constitution. (They need to read this and study these.) Unfortunately, so do democrats and liberals. Hence the Democrat Senator Barbra Mikulski (who chairs a panel that oversees funding of the Justice Department) is saying stupid things like
"Without a budget in place, "the FBI and DOJ will not be able to maintain the operations tempo they've achieved since Sept. 11."Instead of saying smart things like:
"Without a change in priorities the FBI and DOJ will not be able to maintain the operations tempo in fighting Terror and Violence that they achieved since 9-11."Talk about the fox guarding the hen house. Hey Barbra, instead of telling me how much money the Justice Department should get; first you do that "oversight thing" your supposed to do and find out what DOJ uses the money they are getting for, and then after evaluating that, you decide how much they should get for their next go around.
We cannot afford to keep looking to Washington DC to fight every battle that someone thinks needs to be fought. If people in Pittsburgh think porn is a bad thing and should be fought, let them pay for that privilege. In NYC we have bigger things to worry about. Porn is not even on the first fifty pages of the list. Al Queda doesn't even know Pittsburgh exists. I wish I could say the same about Manhattan.
Friday, January 12, 2007
Goodbye Mike It's Been Good To Know You...NOT!!: DA Nifong Asks Off The Duke Rape Case
You guys may know this by know but Durham (NC) District Attorney Mike Nifong has asked the State's attorney to assign another prosecutor to the Duke Lacrosse Rape case. It has been a disaster from the beginging. I still cannot figure out what Nifong was thinking about when he brought the charges. There was a rush to judgment and condemnation of the boys involved, who forever will have their reputations sullied by a District Attorney who seemed more interested in the publicity he could get from the case than doing justice.
A prosecutor has a different set of Rules than most lawyers. He doesn't represent a client unlike defense attorney's or even civil lawyers. He represents the power of the state. He doesn't have a right to put his interest before those of the state. He has an obligation to bring to justice people who it seems committed a crime by at least a preponderance of the evidence...that's the credible evidence.
The word credible was what Nifong missed throughout the case. Sadly he never took the time to speak to the alleged victim. In the fear I guess that he might further the harm to her, he decided not to speak to her. WRONG! He had an obligation to investigate and in this racially charged case he had an obligation to move ponderously so as to not rush to judgment.
In NY right now I have been listening to complaints about the Queens District Attorney's office handling of the Club Kahlua/Sean Bell police shooting. I have refrained commenting on the case because I have been involved with both Kahlua club and another area club in the past.
Despite my distaste for the vice squad and their tactics, I nevertheless, commended the District Attorney's office for taking time to investigate the case and not be pressured by community activists and outside pundit's comments. I do not know what happened the night of the shooting, but I do know that on its face, it would be easy to condemn the police officers who shot Shaun Bell. Condemnation however is different from using the criminal justice system to destroy and potentially jail an otherwise "innocent" person.
If criminal charges are brought against one or more of the police officers whose bullets killed Mr. Bell, well at least we know that the decision to prosecute them was made diliberately and with thought.
The kids from Duke cannot say that. In fact they probably can say that with Nifong facing a tough re-election and needing the minority vote to win, their case was political and he used it for his own political gain. Win lose or draw, the damage to the Duke 3 is done, and there is nothing anyone can do to give them back their youth.
A prosecutor has a different set of Rules than most lawyers. He doesn't represent a client unlike defense attorney's or even civil lawyers. He represents the power of the state. He doesn't have a right to put his interest before those of the state. He has an obligation to bring to justice people who it seems committed a crime by at least a preponderance of the evidence...that's the credible evidence.
The word credible was what Nifong missed throughout the case. Sadly he never took the time to speak to the alleged victim. In the fear I guess that he might further the harm to her, he decided not to speak to her. WRONG! He had an obligation to investigate and in this racially charged case he had an obligation to move ponderously so as to not rush to judgment.
In NY right now I have been listening to complaints about the Queens District Attorney's office handling of the Club Kahlua/Sean Bell police shooting. I have refrained commenting on the case because I have been involved with both Kahlua club and another area club in the past.
Despite my distaste for the vice squad and their tactics, I nevertheless, commended the District Attorney's office for taking time to investigate the case and not be pressured by community activists and outside pundit's comments. I do not know what happened the night of the shooting, but I do know that on its face, it would be easy to condemn the police officers who shot Shaun Bell. Condemnation however is different from using the criminal justice system to destroy and potentially jail an otherwise "innocent" person.
If criminal charges are brought against one or more of the police officers whose bullets killed Mr. Bell, well at least we know that the decision to prosecute them was made diliberately and with thought.
The kids from Duke cannot say that. In fact they probably can say that with Nifong facing a tough re-election and needing the minority vote to win, their case was political and he used it for his own political gain. Win lose or draw, the damage to the Duke 3 is done, and there is nothing anyone can do to give them back their youth.
10000 hits since April...
I know that 10000 hits since April is no big deal for some blogs but for this one...WOW. Anyway, Thanks for all of you who stop here regularly. And thanks to you guys who get lost here courtesy of Google or Blogger. Don't forget to look for the return of Long Island (Criminal)Trial Law next week. Take care.
Tuesday, January 09, 2007
A Life Well Lived: Rest in Peace Lieutenant (FDNY) Joseph P. Colleluori
One of my heroes died last Thursday evening. My cousin Joe. I am profoundly sad, and a bit angry, but mostly I am proud of him. I am proud of him for the way he lived his life, and for the way he died.
If eulogy leaves you maudlin, or if you think sentiment cheap, tune out now.
Joe's dad and my dad were brothers. Two of five brothers and three sisters children of Italian immigrants. Though seven years separated them, they shared the same birthday. Each lived only 67 years. They died 7 years apart. Joseph is his father's eldest son. His death on Thursday night came about seven years after my dad's. Each of these three men worked in fields where they were constantly exposed to toxins, especially asbestos.
In High School he was a state champion hurdler, and married his High School sweetheart (his next door neighbor) basically right out of High School. They have been married for 30 years. It is impossible to think of Coleen without thinking of Joe. Even as young people, these two were wise beyond their years. The one thing you could say about them is that they were not selfish. As their young marriage went on, they were thrust into situations that were difficult.
They helped care for Coleen’s dad and sister after her mom passed away. They cared for my uncle and aunt as they too contracted Cancer and died difficult deaths. They adapted to be there for others.
Joe was supportive of everyone’s endeavors. Whether you were trying to be an athlete, or were an artist or wanted to be a professional, Joe urged you on. In my own life, I wanted to be like him and my other cousins. I wanted to be as athletic as they were. Alas, Music and schoolwork was my forte. One day when I was still in High School, I was bemoaning the fact that I was just not very good at sports, Joseph took me aside. He knew I wanted to be a lawyer. He told me that while sports were a great thing, I should be proud of what I was good at. That someday, I would be able to do things that the athletes in the family would never be able to do. That I would help many people through my efforts to be a lawyer, and that they would be as in awe of me, as I was of them. I don’t know that I accomplished exactly what he had in mind, yet, but I strive to everyday. He was that kind of a motivator.
In 1983, Joe became a fireman in part at the urging of his friend Battalion Chief Brian Hickey NYFD dec. 9-11-01. Brian and Joey were friends forever. They worked together and Brian convinced Joe to take the fireman's exam. On 9-11-01, Joe was ordered to Shea Stadium to help organize the men there who would relieve the firemen at Ground Zero. It was a tough assignment for him. He wanted to be downtown where the action was. Where his son Brian was, where his friend Brian Hickey was.
When the towers came down, My heart was in my mouth. I knew how many firemen were there and I was sure either Brian or Joseph was there. Fortunately for us they weren't there. Unfortunately, then Captain Hickey was there. After serving his tour at Shea, Joe volunteered at ground zero on his days off. He had to search for his friend and golfing partner, Brian Hickey. Until the day he died, Joe missed Brian, and many of the other men who he had worked beside. Many have mentioned that if Heaven has a golf course on it, Joe and Brian are with Mr. Kelly and Coleen’s brother Frank teeing it up and enjoying the game. I guess my anger comes wondering what effect the work Joe did at Ground Zero effected the brain cancer that took him
I was amazed to see how many boys who played ball for Joe and Brian became firefighters. These two were a recruiting poster for the NYFD. One way to judge a man is by the mark he makes on others. Joseph certainly made a mark on these young men. These boys, now young firemen, were at the wake in droves, as were all the kids Joe had touched in life. Through the entire 2 year ordeal they have been there supporting the family, helping where they could. They are a tribute to their coach and mentor.
Joe's was a life well lived. He has 2 beautiful daughters and two handsome sons. Brian, the eldest, followed in his dad's boots, and is a NYFD firefighter. Brian married his high school sweetheart and they gave Joseph his pride a joy for the last 10 months, a granddaughter, Saige. They have another on the way.
I think Kevin, a sophomore in College, will be an all American lacrosse player. He is studying to be a dentist. Diana is going to be a teacher when she graduates college soon, and Melissa is a Doctor of Physical Therapy. Joe coached each child, in soccer or football or lacrosse or some other sport. They carry with them his steely determination and love for life.
Joe gave back to his hometown. Raised in Bethpage NY, Joe and his brothers excelled in Track and Field. Joe was a state finalist in the hurdles. By the time his son Brian hit high school, Joseph was active in the Bethpage Dad's club. He became President of the club and raised thousands of dollars to offset the extra costs of being a high school athlete. In a blue collar neighborhood like Bethpage, those extras can mean the difference between a kid playing ball, or never having the chance. Joe and those he worked with, made a difference, and they had a good time doing it. They helped obtain defibrulators and bought batting cages. Mostly they taught the kids they helped to have pride in their hometown and to give back to it.
Joe was Mr. Bethpage. He knew everyone and they knew him. He either coached them or went to High school with them, or worked with them in the Dad’s club. He helped them in a snow storm, or saved them from a burning building. Bethpage came to the wake by the hundreds. The wake was a tribute to a man who understood what it meant to be a neighbor, a friend, a Father, a husband, a man.
About two years ago, I was laying in a hospital in NYC, I had had surgery the day before, but I started bleeding, and had to undergo a second surgery. Unbeknownst to me, Joseph had taken a seizure earlier that day. The next morning I learned that we were in the same hospital, a floor apart. Joe had a deadly form of Brain cancer. The doctors had gone in and removed the tumor. Even so the survival rate was low. Because Joe was in such good shape they expected him to do as well as anyone. We spent Easter in the hospital together. It was one of the best Easter's I have ever had. Our families were together, and supported each other. Joe's firemen friends were there too. They helped to lighten the mood, as only those who regularly face death can do. I will never forget that week.
Thereafter, life changed for Joe. It was a regular routine of doctors and medicine. I never heard him complain about it. I never heard him whine about the unfairness of it. I only saw him work hard as he always did to beat his new foe. For over a year Joe was doing well. He even thought about returning to the FDNY on light duty. Then the cancer reappeared. Though he put up a valiant fight, Cancer won this time. Joe died at home, among his family, where he belonged.
As we prepare to bury Joseph today, at 10:45AM, we bury only a body, a carcass. The man’s spirit will never be buried. All that knew him and loved him, will carry that spirit forever. After today, we will be finding out how we will live without him. It will not be an easy task, he has set the bar high. No matter what, we will never forget him.
Rest in Peace Joe, we’ll get together again someday.
If eulogy leaves you maudlin, or if you think sentiment cheap, tune out now.
Joe's dad and my dad were brothers. Two of five brothers and three sisters children of Italian immigrants. Though seven years separated them, they shared the same birthday. Each lived only 67 years. They died 7 years apart. Joseph is his father's eldest son. His death on Thursday night came about seven years after my dad's. Each of these three men worked in fields where they were constantly exposed to toxins, especially asbestos.
In High School he was a state champion hurdler, and married his High School sweetheart (his next door neighbor) basically right out of High School. They have been married for 30 years. It is impossible to think of Coleen without thinking of Joe. Even as young people, these two were wise beyond their years. The one thing you could say about them is that they were not selfish. As their young marriage went on, they were thrust into situations that were difficult.
They helped care for Coleen’s dad and sister after her mom passed away. They cared for my uncle and aunt as they too contracted Cancer and died difficult deaths. They adapted to be there for others.
Joe was supportive of everyone’s endeavors. Whether you were trying to be an athlete, or were an artist or wanted to be a professional, Joe urged you on. In my own life, I wanted to be like him and my other cousins. I wanted to be as athletic as they were. Alas, Music and schoolwork was my forte. One day when I was still in High School, I was bemoaning the fact that I was just not very good at sports, Joseph took me aside. He knew I wanted to be a lawyer. He told me that while sports were a great thing, I should be proud of what I was good at. That someday, I would be able to do things that the athletes in the family would never be able to do. That I would help many people through my efforts to be a lawyer, and that they would be as in awe of me, as I was of them. I don’t know that I accomplished exactly what he had in mind, yet, but I strive to everyday. He was that kind of a motivator.
In 1983, Joe became a fireman in part at the urging of his friend Battalion Chief Brian Hickey NYFD dec. 9-11-01. Brian and Joey were friends forever. They worked together and Brian convinced Joe to take the fireman's exam. On 9-11-01, Joe was ordered to Shea Stadium to help organize the men there who would relieve the firemen at Ground Zero. It was a tough assignment for him. He wanted to be downtown where the action was. Where his son Brian was, where his friend Brian Hickey was.
When the towers came down, My heart was in my mouth. I knew how many firemen were there and I was sure either Brian or Joseph was there. Fortunately for us they weren't there. Unfortunately, then Captain Hickey was there. After serving his tour at Shea, Joe volunteered at ground zero on his days off. He had to search for his friend and golfing partner, Brian Hickey. Until the day he died, Joe missed Brian, and many of the other men who he had worked beside. Many have mentioned that if Heaven has a golf course on it, Joe and Brian are with Mr. Kelly and Coleen’s brother Frank teeing it up and enjoying the game. I guess my anger comes wondering what effect the work Joe did at Ground Zero effected the brain cancer that took him
I was amazed to see how many boys who played ball for Joe and Brian became firefighters. These two were a recruiting poster for the NYFD. One way to judge a man is by the mark he makes on others. Joseph certainly made a mark on these young men. These boys, now young firemen, were at the wake in droves, as were all the kids Joe had touched in life. Through the entire 2 year ordeal they have been there supporting the family, helping where they could. They are a tribute to their coach and mentor.
Joe's was a life well lived. He has 2 beautiful daughters and two handsome sons. Brian, the eldest, followed in his dad's boots, and is a NYFD firefighter. Brian married his high school sweetheart and they gave Joseph his pride a joy for the last 10 months, a granddaughter, Saige. They have another on the way.
I think Kevin, a sophomore in College, will be an all American lacrosse player. He is studying to be a dentist. Diana is going to be a teacher when she graduates college soon, and Melissa is a Doctor of Physical Therapy. Joe coached each child, in soccer or football or lacrosse or some other sport. They carry with them his steely determination and love for life.
Joe gave back to his hometown. Raised in Bethpage NY, Joe and his brothers excelled in Track and Field. Joe was a state finalist in the hurdles. By the time his son Brian hit high school, Joseph was active in the Bethpage Dad's club. He became President of the club and raised thousands of dollars to offset the extra costs of being a high school athlete. In a blue collar neighborhood like Bethpage, those extras can mean the difference between a kid playing ball, or never having the chance. Joe and those he worked with, made a difference, and they had a good time doing it. They helped obtain defibrulators and bought batting cages. Mostly they taught the kids they helped to have pride in their hometown and to give back to it.
Joe was Mr. Bethpage. He knew everyone and they knew him. He either coached them or went to High school with them, or worked with them in the Dad’s club. He helped them in a snow storm, or saved them from a burning building. Bethpage came to the wake by the hundreds. The wake was a tribute to a man who understood what it meant to be a neighbor, a friend, a Father, a husband, a man.
About two years ago, I was laying in a hospital in NYC, I had had surgery the day before, but I started bleeding, and had to undergo a second surgery. Unbeknownst to me, Joseph had taken a seizure earlier that day. The next morning I learned that we were in the same hospital, a floor apart. Joe had a deadly form of Brain cancer. The doctors had gone in and removed the tumor. Even so the survival rate was low. Because Joe was in such good shape they expected him to do as well as anyone. We spent Easter in the hospital together. It was one of the best Easter's I have ever had. Our families were together, and supported each other. Joe's firemen friends were there too. They helped to lighten the mood, as only those who regularly face death can do. I will never forget that week.
Thereafter, life changed for Joe. It was a regular routine of doctors and medicine. I never heard him complain about it. I never heard him whine about the unfairness of it. I only saw him work hard as he always did to beat his new foe. For over a year Joe was doing well. He even thought about returning to the FDNY on light duty. Then the cancer reappeared. Though he put up a valiant fight, Cancer won this time. Joe died at home, among his family, where he belonged.
As we prepare to bury Joseph today, at 10:45AM, we bury only a body, a carcass. The man’s spirit will never be buried. All that knew him and loved him, will carry that spirit forever. After today, we will be finding out how we will live without him. It will not be an easy task, he has set the bar high. No matter what, we will never forget him.
Rest in Peace Joe, we’ll get together again someday.
Wednesday, January 03, 2007
Joining The NARP: Keeping Railways Open To Passengers
I joined the National Association of Railway Passengers. I suppose my money will be spent fighting the money I send to the Cato Institute, but I really believe that funding the Nation's RailRoad System now is an investment in our future...yes I said future.
I know that people think that railway traffic is a thing of the past but I have to say that I would rather take an Acela Express to Washington DC than fly into Reagan National or (G-d forbid Dulles.) The Railroad is an inexpensive, profit making travel alternative for me.
Look it takes me 1 hour to get from my home on Long Island to either of the big airports closest to me. It takes the same time to get to Penn Station NYC by taking the Long Island Railroad or driving. I have to drive to the airport. I can work on the LIRR. I cannot work on the LIE. (That's the Long Island Expressway for the uninitiated. Alan King called it the Worlds longest parking lot...He was right)
I have to be to the airport at least an hour and if I really want to be safe two hours before flight time. By the time I get through the gate and to my gate, buy a coffee and find a place to open my laptop it can take almost an hour.
I also have to "strip" first to get past the metal detectors...not a pretty site.
At Penn station I have use of a nice lounge and I only have to be there a half hour before my scheduled departure.
On a flight to DC I cannot get up to use the restroom... or really for any other reason. I can roam the train if I want to. The train seats are spacious. I am a big guy. On the plane, I have to buy a second seat or talk my way into first class if I really want comfort. I have plenty of legroom and work space on the train. I have no legroom or work space on the plane.
On the train I have full Wi-fi connectivity for nearly the whole time, on the plane I have to shut off my Verizon WWAN device or take responsibility for a mid air disaster. On the train I even have a plug.
On the train I can sit at a table across from my colleagues. We can spread out like in the law school library. On the plane? No way.
BUT WHAT ABOUT TIME???? What about it? It takes the Acela about 2:45 to get from NY to Washington. I bill about 2 hours of that minimum. It is nearly always on time. The shuttle is 45 minutes and it always takes off late. There are almost always flight delays getting into NY this summer. I can't work while I lose and hour or two at the gate. From my house to my hotel in DC it is a 4 hour ordeal. I took the plane three times from Chicago to NY. Direct NON STOP FLIGHTS!!! Average time spent in travel from Home to hotel 9 hours. Why...Delays Laguardia, Delays O'Hare. Expressway (an oxymoron)delays both cities. If we had a Acela Express to Chicago, time home to hotel... 6 hours!!
Now unfortunately we do not have Acela Express service to Chicago or Pittsburg or anywhere not in the Northeast Corridor, but we should. We should be making the kind of financial commitment to rail travel that Europe has made because in the long run it will increase profits for small and even big business.
Rail travel is stress free (at least for me) and efficient. If we had begun proper funding of Rail travel 30 years ago as we should have, we could have a lot better travel at a fraction of the cost.
Now before anyone goes on to tell me that Acela fares rival plane fares, let me say that based on my hourly billing rate, I would rather pay the Acela fare, than ride the plane...FOR FREE!!!That is the difference. If you haven't taken a intercity railway in a while, and can take the Acela Express, try it out. You will never go back. Heck I once became retained in a case for in excess of One Hundred Thousand Dollars, because I was able to call the client from the train. He was so impressed that I called him while I was traveling. I couldn't have done that from 30,000 feet.
If you do not live in a city that has Acela Service you should be writing your congressman and screaming. As prices go up and service gets weaker(on the airlines,) those trains are gonna look a lot more sweeter... Ok I will stick to polemics and avoid poetry. You get on your Congressman and Senators and don't just ask them to save Amtrak but ask them to make it even better!
I know that people think that railway traffic is a thing of the past but I have to say that I would rather take an Acela Express to Washington DC than fly into Reagan National or (G-d forbid Dulles.) The Railroad is an inexpensive, profit making travel alternative for me.
Look it takes me 1 hour to get from my home on Long Island to either of the big airports closest to me. It takes the same time to get to Penn Station NYC by taking the Long Island Railroad or driving. I have to drive to the airport. I can work on the LIRR. I cannot work on the LIE. (That's the Long Island Expressway for the uninitiated. Alan King called it the Worlds longest parking lot...He was right)
I have to be to the airport at least an hour and if I really want to be safe two hours before flight time. By the time I get through the gate and to my gate, buy a coffee and find a place to open my laptop it can take almost an hour.
I also have to "strip" first to get past the metal detectors...not a pretty site.
At Penn station I have use of a nice lounge and I only have to be there a half hour before my scheduled departure.
On a flight to DC I cannot get up to use the restroom... or really for any other reason. I can roam the train if I want to. The train seats are spacious. I am a big guy. On the plane, I have to buy a second seat or talk my way into first class if I really want comfort. I have plenty of legroom and work space on the train. I have no legroom or work space on the plane.
On the train I have full Wi-fi connectivity for nearly the whole time, on the plane I have to shut off my Verizon WWAN device or take responsibility for a mid air disaster. On the train I even have a plug.
On the train I can sit at a table across from my colleagues. We can spread out like in the law school library. On the plane? No way.
BUT WHAT ABOUT TIME???? What about it? It takes the Acela about 2:45 to get from NY to Washington. I bill about 2 hours of that minimum. It is nearly always on time. The shuttle is 45 minutes and it always takes off late. There are almost always flight delays getting into NY this summer. I can't work while I lose and hour or two at the gate. From my house to my hotel in DC it is a 4 hour ordeal. I took the plane three times from Chicago to NY. Direct NON STOP FLIGHTS!!! Average time spent in travel from Home to hotel 9 hours. Why...Delays Laguardia, Delays O'Hare. Expressway (an oxymoron)delays both cities. If we had a Acela Express to Chicago, time home to hotel... 6 hours!!
Now unfortunately we do not have Acela Express service to Chicago or Pittsburg or anywhere not in the Northeast Corridor, but we should. We should be making the kind of financial commitment to rail travel that Europe has made because in the long run it will increase profits for small and even big business.
Rail travel is stress free (at least for me) and efficient. If we had begun proper funding of Rail travel 30 years ago as we should have, we could have a lot better travel at a fraction of the cost.
Now before anyone goes on to tell me that Acela fares rival plane fares, let me say that based on my hourly billing rate, I would rather pay the Acela fare, than ride the plane...FOR FREE!!!That is the difference. If you haven't taken a intercity railway in a while, and can take the Acela Express, try it out. You will never go back. Heck I once became retained in a case for in excess of One Hundred Thousand Dollars, because I was able to call the client from the train. He was so impressed that I called him while I was traveling. I couldn't have done that from 30,000 feet.
If you do not live in a city that has Acela Service you should be writing your congressman and screaming. As prices go up and service gets weaker(on the airlines,) those trains are gonna look a lot more sweeter... Ok I will stick to polemics and avoid poetry. You get on your Congressman and Senators and don't just ask them to save Amtrak but ask them to make it even better!
Tuesday, January 02, 2007
The Blogosphere At The New Year: Back From The Party
I don't know about all of you, but this last week felt like a whirlwind of hello's and goodbyes. It felt like a food orgy too. I am going walking tomorrow just to see if I still can.
In the meantime the blogosphere has been posting everything from Saddam's death to the Duke Rape case. Here are some of my favorites from the week that was, the last week of 2006:
On Tuesday, the Profs over at Crim Profs blog were talking about a potential bipartisan effort to pass the Second Chance legislation that might make it a little easier to help felons on parole succeed in moving on with their lives. Here's a thought on that, how about we get an expungment law on the books in NY?
In Wednesday Professor Berman brought our attention to a really good decision on Booker and the career offender guidelines by Judge Nancy Gertner of the US District Court's Mass.District. The judge evaluated the career offender requirements and noted how in the case before her it meant a big co-defendant disparity as well as a roll disparity and the incarceration of a very elderly defendant. The case is US v. Ennis, No. 03-cr-10298 (D. Mass. Dec. 21, 2006). You can link to the decision from Sentencing Law and Policy's post.
Wednesday also saw the Foundation for Individual Rights in Education (F.I.R.E.) release it's end of year report on First Amendment freedoms on campus...pretty dismal reading. Between the Cartoon wars and college newspaper thefts and attacks on religious freedom on public campus's it was a pretty busy year, for Fire Volunteers.
In another example of bad cases making bad law, Talkleft's TChris blogged about a federal judge releasing Major League Baseball Drug testing results to US Prosecutors in the widening Balco Steroid case. Here is the warning quote:
On Friday Eugene Volokh asks What's Wrong With Retired Federal Judges Filing a Friend-of-the-Court Brief?. Seems a bunch of former federal judges got together to suggest to the DC Circuit how to decide one of the Guantanamo cases attacking the new military tribunals law. The Circuit felt the judges were trading on their titles as former judges. What is interesting is that the chief judge who opposed taking their former colleagues amicus briefs (which the government did not oppose) was David Sentenelle who always would address Ken Starr as Judge Starr during the Clinton/Whitewater investigation.
On Saturday Harlan Protass over at Second Circuit Sentencing Blog blogs two cases seeking (and getting) significantly below guideline range sentences. Harlan worries that the amount under guidelines will set off an appeal in the Second Circuit.
Harlan is right back to us on Saturday morning with this post concerning whether the Second Circuit panel in United States v. Jones, No. 05-5312-CR, 2006 WL 3687530 (2d Cir. Dec. 12, 2006) has impermissible changed the standard of review of Booker sentences.
Here is the money quote from the decision:
Sunday saw the late night release of Justice Roberts report on the state of the Courts. Roberts basically demanded a raise for judges. I think he makes a very good point. Federal judges earn less than Law Professors and Law school deans. Roerts points out that if we don't start to give raises soon we are going to get judges who are so rich they are not in the same situation as the litigants before them or judges for whom the present salary is a pay raise. He points to the evidence of how many Government lawyers leave to go to the Judiciary. The guys over at the Wall Street Journal talk about it here. They see it differently. At over two hundred thousand a year they feel judges should be thankful for having their jobs.
I disagree and hope that a pay raise will attract some practicing criminal lawyers onto the bench.
Finally there is a rather mystical journey over at Blawg Review 89. Check it out. It was quite the travelogue.
Ok till next time, you can reach us with an email to me at Catlaw1@yahoo.com and enjoy a happy and healthy New Year's Day. Drive carefully.
In the meantime the blogosphere has been posting everything from Saddam's death to the Duke Rape case. Here are some of my favorites from the week that was, the last week of 2006:
On Tuesday, the Profs over at Crim Profs blog were talking about a potential bipartisan effort to pass the Second Chance legislation that might make it a little easier to help felons on parole succeed in moving on with their lives. Here's a thought on that, how about we get an expungment law on the books in NY?
In Wednesday Professor Berman brought our attention to a really good decision on Booker and the career offender guidelines by Judge Nancy Gertner of the US District Court's Mass.District. The judge evaluated the career offender requirements and noted how in the case before her it meant a big co-defendant disparity as well as a roll disparity and the incarceration of a very elderly defendant. The case is US v. Ennis, No. 03-cr-10298 (D. Mass. Dec. 21, 2006). You can link to the decision from Sentencing Law and Policy's post.
Wednesday also saw the Foundation for Individual Rights in Education (F.I.R.E.) release it's end of year report on First Amendment freedoms on campus...pretty dismal reading. Between the Cartoon wars and college newspaper thefts and attacks on religious freedom on public campus's it was a pretty busy year, for Fire Volunteers.
In another example of bad cases making bad law, Talkleft's TChris blogged about a federal judge releasing Major League Baseball Drug testing results to US Prosecutors in the widening Balco Steroid case. Here is the warning quote:
Your employer wants you to submit to drug testing but assures you that the results will be kept confidential. Is your privacy protected? Don't count on it.
On Friday Eugene Volokh asks What's Wrong With Retired Federal Judges Filing a Friend-of-the-Court Brief?. Seems a bunch of former federal judges got together to suggest to the DC Circuit how to decide one of the Guantanamo cases attacking the new military tribunals law. The Circuit felt the judges were trading on their titles as former judges. What is interesting is that the chief judge who opposed taking their former colleagues amicus briefs (which the government did not oppose) was David Sentenelle who always would address Ken Starr as Judge Starr during the Clinton/Whitewater investigation.
On Saturday Harlan Protass over at Second Circuit Sentencing Blog blogs two cases seeking (and getting) significantly below guideline range sentences. Harlan worries that the amount under guidelines will set off an appeal in the Second Circuit.
Harlan is right back to us on Saturday morning with this post concerning whether the Second Circuit panel in United States v. Jones, No. 05-5312-CR, 2006 WL 3687530 (2d Cir. Dec. 12, 2006) has impermissible changed the standard of review of Booker sentences.
Here is the money quote from the decision:
What does the Second Circuit mean when it says it reviews sentences for "unreasonableness"? We know from cases like Fernandez and Rattoballi that the Second Circuit is deferential to sentencing court determinations. But does Jones indicate a higher level of deference? In other words, if the Second Circuit's review is only for "unreasonableness," is the Second Circuit indicating that a sentencing court's sentence is presumptively reasonable? And, if so, does that gut the entire purpose of reasonableness review?
Sunday saw the late night release of Justice Roberts report on the state of the Courts. Roberts basically demanded a raise for judges. I think he makes a very good point. Federal judges earn less than Law Professors and Law school deans. Roerts points out that if we don't start to give raises soon we are going to get judges who are so rich they are not in the same situation as the litigants before them or judges for whom the present salary is a pay raise. He points to the evidence of how many Government lawyers leave to go to the Judiciary. The guys over at the Wall Street Journal talk about it here. They see it differently. At over two hundred thousand a year they feel judges should be thankful for having their jobs.
I disagree and hope that a pay raise will attract some practicing criminal lawyers onto the bench.
Finally there is a rather mystical journey over at Blawg Review 89. Check it out. It was quite the travelogue.
Ok till next time, you can reach us with an email to me at Catlaw1@yahoo.com and enjoy a happy and healthy New Year's Day. Drive carefully.
Monday, January 01, 2007
I've Been Tagged Part II: Things That Lawyers Appreciate
Happy New Year Everyone!!
Today seems like an appropriate day to answer the tag of Ernie "Ernie the Attorney" Svenson.
Ernie asked me to discuss things that lawyers appreciate. I can of course only speak for myself. Here is how I see it.
I appreciate my clients. I love practicing law, and clients make that possible. I am not saying that there are times when we grate on each other, but that is more because they may not be happy with the advice I have to give them or that they want a faster response to a call or e-mail. It is a two way street. I want to be paid faster and have the materials I ask them to get me faster. Usually we learn to work it out. I appreciate how important their case or cause is to them. I feel honored they trust me to help them with that work.
I appreciate the court. Even the judges I do not love, I still appreciate the effort. Most of the judges I know could earn a lot more money than they do as judges. Frankly on what we pay them, I couldn't survive. Judges work far harder now than when I was coming up. Rarely do they finish their day before 5 and I have often seen them working till well into the evening. That effort is important. It should be properly compensated. Judges need to earn at least as much as law school professors or even Deans.
I too really appreciate a judge who rules quickly and impartially. Most of the ones I appear in front of do exactly that, so I consider myself lucky. Finally I appreciate it when a Judge understands the vagaries of private practice. Judges who work with you on scheduling and do not try to hold you to some artificial standard and goal are especially appreciated. I like judges that try to work things out between parties without getting involved in pushing one side or the other.
I appreciate court personnel especially Court Officers. I think they are the unsung heroes of the courthouse. I know they can be surly sometimes, but having to say the same thing over and over usually annoys an adult. Let's face it. I love my clients but not somebody else's client. The court personnel work with seriously dangerous people everyday, and help keep me safe from them so that I can accomplish pretty serious work. I appreciate the effort they make.
While I am on this subject, I also, believe it or not, appreciate Police department members. Now I often have an adversarial position with the police department, and I may take a hard line in cross-examining the individual officer on the stand, but in reality, I see my relationship with them more as two people testing one and other. I think the problem for many police officers is that they do not like to be made to look like they are careless or worse liars. What they do not understand is that it is the rigorous cross that tests best what they accomplished. An inability to keep it business is a problem for some officers.
In my recent life I had a terrible run in with a policeman on a hearing. About a month later, someone close to this officer was arrested in a neighboring county. The officer went to his PBA attorney who brought the fellow to my office. (Yeah I share space with the PBA attorneys.) The officer and his friend saw me and he almost hit the roof. His friend saw that and said " I want this guy" the cop looked at him and he replied "If he pissed you off that bad, then this is obviously the guy I need." It took a second to sink in but the policeman shook his head in agreement and they are now both clients. I love it when he asks me if I am working as hard for him as I am for my "Scuzzy clients" (his words not mine.) I know no one likes being made to look stupid lazy or like a liar. I also know that no one likes being convicted and especially not if they are innocent of the charge. I do my job so that if they did theirs then no one has a gripe. When you look at it like that, maybe they appreciate me too... yeah probably not but life goes on...
I appreciate the chance to blog and to teach. I learn so much from both activities. That it is fun makes the work of it seem like nothing. I especially like the give and take of the classroom experience. God the energy my students bring to the law. It is inspiring.
I appreciate my fellow bloggers. Every night when I come home and read the blogs I do it with a pen and paper at my side. I forward links and copy posts and send them to my staff for us to remember and maybe even implement. I get a lot of my laughs from you guys too. I hope I provide you half the enjoyment you all provide to me. I know I can never teach you guys half of what you teach me. Thanks for letting me be part of the community. I treasure your advice and counsel.
Ok I hope you're still reading, because here come the really important ones:
I really appreciate my staff of attorney and non attorney team members. I have a giftedly smart group of people around me. From the High School intern who has taught himself to brief cases, to my two associates and two "of counsel", I am blessed to have people around me who give a damn about my clients, my work and me. They treat my business as if it is theirs. They care about my family and they understand my dedication to the law, even when the client isn't paying me. Oh, and they are beautiful too. I am privileged to work with these young people.
I really appreciate home. Not the actual 6 walls (though I must like that too I have lived here for 42 years. No I mean my family and community. Our friends take a lot of garbage for defending me. I am not easy. I am most definitely an "acquired" taste. I am often thinking of other things when you talk to me, and when not preoccupied I can be cynical. Nevertheless, my friends and family accept the focus and give me the slack to achieve to the best of my ability.
Finally I appreciate MaryRose and the boys...To quote Billy Joel, "Wherever we're together,That's my home." 'Nuff said about that.
Ok I tag Nicole, Professor Doug Berman and Patterico (after all Prosecutor's must appreciate stuff too.)Happy New Year.
Today seems like an appropriate day to answer the tag of Ernie "Ernie the Attorney" Svenson.
Ernie asked me to discuss things that lawyers appreciate. I can of course only speak for myself. Here is how I see it.
I appreciate my clients. I love practicing law, and clients make that possible. I am not saying that there are times when we grate on each other, but that is more because they may not be happy with the advice I have to give them or that they want a faster response to a call or e-mail. It is a two way street. I want to be paid faster and have the materials I ask them to get me faster. Usually we learn to work it out. I appreciate how important their case or cause is to them. I feel honored they trust me to help them with that work.
I appreciate the court. Even the judges I do not love, I still appreciate the effort. Most of the judges I know could earn a lot more money than they do as judges. Frankly on what we pay them, I couldn't survive. Judges work far harder now than when I was coming up. Rarely do they finish their day before 5 and I have often seen them working till well into the evening. That effort is important. It should be properly compensated. Judges need to earn at least as much as law school professors or even Deans.
I too really appreciate a judge who rules quickly and impartially. Most of the ones I appear in front of do exactly that, so I consider myself lucky. Finally I appreciate it when a Judge understands the vagaries of private practice. Judges who work with you on scheduling and do not try to hold you to some artificial standard and goal are especially appreciated. I like judges that try to work things out between parties without getting involved in pushing one side or the other.
I appreciate court personnel especially Court Officers. I think they are the unsung heroes of the courthouse. I know they can be surly sometimes, but having to say the same thing over and over usually annoys an adult. Let's face it. I love my clients but not somebody else's client. The court personnel work with seriously dangerous people everyday, and help keep me safe from them so that I can accomplish pretty serious work. I appreciate the effort they make.
While I am on this subject, I also, believe it or not, appreciate Police department members. Now I often have an adversarial position with the police department, and I may take a hard line in cross-examining the individual officer on the stand, but in reality, I see my relationship with them more as two people testing one and other. I think the problem for many police officers is that they do not like to be made to look like they are careless or worse liars. What they do not understand is that it is the rigorous cross that tests best what they accomplished. An inability to keep it business is a problem for some officers.
In my recent life I had a terrible run in with a policeman on a hearing. About a month later, someone close to this officer was arrested in a neighboring county. The officer went to his PBA attorney who brought the fellow to my office. (Yeah I share space with the PBA attorneys.) The officer and his friend saw me and he almost hit the roof. His friend saw that and said " I want this guy" the cop looked at him and he replied "If he pissed you off that bad, then this is obviously the guy I need." It took a second to sink in but the policeman shook his head in agreement and they are now both clients. I love it when he asks me if I am working as hard for him as I am for my "Scuzzy clients" (his words not mine.) I know no one likes being made to look stupid lazy or like a liar. I also know that no one likes being convicted and especially not if they are innocent of the charge. I do my job so that if they did theirs then no one has a gripe. When you look at it like that, maybe they appreciate me too... yeah probably not but life goes on...
I appreciate the chance to blog and to teach. I learn so much from both activities. That it is fun makes the work of it seem like nothing. I especially like the give and take of the classroom experience. God the energy my students bring to the law. It is inspiring.
I appreciate my fellow bloggers. Every night when I come home and read the blogs I do it with a pen and paper at my side. I forward links and copy posts and send them to my staff for us to remember and maybe even implement. I get a lot of my laughs from you guys too. I hope I provide you half the enjoyment you all provide to me. I know I can never teach you guys half of what you teach me. Thanks for letting me be part of the community. I treasure your advice and counsel.
Ok I hope you're still reading, because here come the really important ones:
I really appreciate my staff of attorney and non attorney team members. I have a giftedly smart group of people around me. From the High School intern who has taught himself to brief cases, to my two associates and two "of counsel", I am blessed to have people around me who give a damn about my clients, my work and me. They treat my business as if it is theirs. They care about my family and they understand my dedication to the law, even when the client isn't paying me. Oh, and they are beautiful too. I am privileged to work with these young people.
I really appreciate home. Not the actual 6 walls (though I must like that too I have lived here for 42 years. No I mean my family and community. Our friends take a lot of garbage for defending me. I am not easy. I am most definitely an "acquired" taste. I am often thinking of other things when you talk to me, and when not preoccupied I can be cynical. Nevertheless, my friends and family accept the focus and give me the slack to achieve to the best of my ability.
Finally I appreciate MaryRose and the boys...To quote Billy Joel, "Wherever we're together,That's my home." 'Nuff said about that.
Ok I tag Nicole, Professor Doug Berman and Patterico (after all Prosecutor's must appreciate stuff too.)Happy New Year.
Sunday, December 31, 2006
I've Been Tagged Part I: Five Things You Don't Know About Me.
Wow I leave the computer for 2 days and I get tagged not once but twice. Once by Nicole Black at Sui Generis and once by Ernie Svenson over at Ernie the Attorney. Wow. Well I am not sure who was first but I am going to answer Ernie's in my New Year post tomorrow. For New Year's Eve, I am going to answer the Nicole's Tag. I have to tell about 4 things people do not know about me and make another one up. Ok here goes:
1. I have escaped Death on 5 occasions. Once at age five when I was home and a fire broke out. We were saved by the NYFD which will be part of tomorrow's post. Once at 15 when I had a ruptured appendix that went undiagnosed because a pediatrician didn't think my mom could afford a five dollar blood test. I went 10 days with the rupture before they finally operated. Once at 17 when I was shot accidentally by another teenager who didn't know how to clean a weapon properly, once in 2001 right before 9-11 when I wound up in the hospital for three weeks with a Deep Vein Thrombosis and enough Pulmonary Emboli to choke a horse, and finally after surgery in 2005 when I developed an internal bleed and needed four pints of blood and a second surgery to stabilize.
2. I am pretty religious and very Roman Catholic. I thought about becoming a priest until my late teens. I am a "lecturer" at Church. A lot of prosecutors find this out and wonder if The Christ leaves The Cross when I walk into the church. It also freaks out my adult entertainer clients. Then again my work in the adult entertainment field freaks out my fellow parishioners. Forget about how they feel when I work on behalf of an accused Murder or sex abuse client.
3. I play the trombone, Piano and I sing. Better than you would think. I sang professionally in my late teens and early twenties. I still sing, mostly at church and in my car. I wish I had more time so I could join a choir.
4. I was the student "voted" "Most Likely To Be A Career Prosecutor" in law school. LOL how times change.
5. The only thing I hate more than Scleroderma and crime, is public corruption and official laziness... Ok I hate Scleroderma more.
Now I tag Dan Hull, Blondie, and Scarlet.
1. I have escaped Death on 5 occasions. Once at age five when I was home and a fire broke out. We were saved by the NYFD which will be part of tomorrow's post. Once at 15 when I had a ruptured appendix that went undiagnosed because a pediatrician didn't think my mom could afford a five dollar blood test. I went 10 days with the rupture before they finally operated. Once at 17 when I was shot accidentally by another teenager who didn't know how to clean a weapon properly, once in 2001 right before 9-11 when I wound up in the hospital for three weeks with a Deep Vein Thrombosis and enough Pulmonary Emboli to choke a horse, and finally after surgery in 2005 when I developed an internal bleed and needed four pints of blood and a second surgery to stabilize.
2. I am pretty religious and very Roman Catholic. I thought about becoming a priest until my late teens. I am a "lecturer" at Church. A lot of prosecutors find this out and wonder if The Christ leaves The Cross when I walk into the church. It also freaks out my adult entertainer clients. Then again my work in the adult entertainment field freaks out my fellow parishioners. Forget about how they feel when I work on behalf of an accused Murder or sex abuse client.
3. I play the trombone, Piano and I sing. Better than you would think. I sang professionally in my late teens and early twenties. I still sing, mostly at church and in my car. I wish I had more time so I could join a choir.
4. I was the student "voted" "Most Likely To Be A Career Prosecutor" in law school. LOL how times change.
5. The only thing I hate more than Scleroderma and crime, is public corruption and official laziness... Ok I hate Scleroderma more.
Now I tag Dan Hull, Blondie, and Scarlet.
Friday, December 29, 2006
That Lawyer Dude Salutes...: MY FAVORITE BLOGS OF 2006
Dennis Kennedy gave me a Blawggie last week and tagged the winners (kinda/sorta) to come up with their own blog awards to honor and introduce those bloggers to other readers. So I have come up with my "Salutes". Like Dennis' they are subjective and are made up of my opinion only (more or less, I ran them by Mrs. Lawyer Dude and the Jr. Dudes too, but I am the only one who voted and so I am responsible for the choices.) Hence without further adieu, That Lawyer Dude Salutes:
1. Best Law Student Blog: Will Work For Favorable Dicta... Figures my first choice just stopped blogging. But I loved Energy Spatula's work (and her Blog persona name too.)Her stories were sometimes sad and sometimes crazy and often raunchy as Hell, but she was honest and true and had me pulling for her all the way. ES has graduated and moved onto a job. ES, Good Luck with the Job and "The Boy." I hope you come back soon.
2. Best NY Blawg: Sui Generis. Hands down my favorite NY Blog and one of my top five. It is a mixture of case briefs and law updates, commentary and even comedy. Every week Nicole Black has comedic breaks-funny and strange (and occasionally bizarre)transcript quotes to make us smile, as well as a weekly review of the top NY Legal stories in the tabloids and a round up of NY focused Blawg reports. I really enjoy reading her blawg. If you practice law in NY, reading Nicole's blawg is essential.
3. Best New Legal Blog: Environment Crimes Blog Blogger Walter James has quite a neat blog. It hits on criminal law topics as well as issues of Policy and Trial Techniques. His writing style is crisp and he has very good insight. I think you should check out this post and see what I mean. I hope Walter keeps at this for a long time. His teaching is spot on.
4. Best Technology Blog: Jim Calloway's Law Practice Tip Blog. I read a lot of blogs. Many of the tech blogs are the best written and most helpful of the bunch, and frankly this was one of the hardest categories to decide, but for me Jim makes Tech stuff chewable. I like to read Dennis Kennedy and Between Lawyers and I Heart Tech, but for breaking it down and using it in the office and at home, Jim Calloway does it. Jim is folksy and I can almost hear him speaking the words when he writes. He makes the hard stuff understandable. Even if you are a hardcore Techie, Jim may be keeping it too simple, but for the rest of us, Jim's tips are the right speed.
5. Best Family Law Blog: Divorce Hotline . Always well written, Janine teaches not just lawyers but clients about the issues in Divorce and Family law. She infuses her experiences with her knowledge. She is a true and honest voice in the blogosphere. Check out this post and you will understand what I am talking about.
6. Best Law Practice Management/Marketing Blog: Larry Bodine's Professional Services Marketing Blog. This category was filled with good blogs, My Shingle, What About Clients, From the 21st Floor, and Law Firm Internet Marketing Blog to name just a few, but Bodine has consistently had the information and ideas that have fueled my marketing and law practice management actions. I strongly recommend reading his blog. Reading the others is not a bad idea if you want to position your law firm for the next 20 years. Remember, the dinosaur becomes extinct.
7. Best Place To Find Blogs- Inter Alia Tom Mighell's Daily Blog of the Day and a compilation Blog of the Week, Inter alia doesn't necessarily teach you anything so much as points you to places you can be taught in. Tom finds the new, the funny, the informative, and gives you a synopsis. Half of my blog syndicator list probably came from Tom's suggestions. Runner up in this category Robert Ambrogi's Lawsites.
8. Best Constitutional Law Site: Fourth Amendment Law Blog. This category took in everything from civil rights law through constitutional and death penalty blogs. John Wesley Hall's Fourth Amendment law blog gets the latest and most important cases in front of us quickly with good analysis. I read it daily and if you are practicing in the criminal law arena you should be reading it daily too.
And finally 2 Criminal law categories
10. Best Public Defense Blog: Arbitrary and Capricious A&C is everything I am not. He is pity and short and to the point. He is a PD and proud of it. What we have in common is a respect for the rule of law and an appreciation for it as well. A&C is informed and usually a quick read. It is among my favorite, a Must Read for me. It should b for you too if your want to stay on top of what is happening, especially in the west coast legal world.
11. Best Criminal Law Site: A three way tie. Prof Berman's Sentencing Law And Policy Blog, White Collar Crime Prof Blog and DUI Blog. Since this is the first time I am doing this, I wanted to tell you about a bunch of blogs that I find helpful in practice and also for teaching me to blog. Sentencing Law and Policy is simple the resource for all things Booker. If you are not reading this blog you should not be handling cases in Federal court.
White Collar Law Prof Blog is also a wealth of important information and should be reviewed at least weekly if you are practicing criminal law. It doesn't only teach you what is happening in White Collar Crime but teaches practice oriented information that every lawyer could use. It is well written and biting. It is part of a network of Law Professor blogs all of which could be part of a regular reading list.
Finally DUIBlog is written by a lawyer (Lawrence Taylor) who uses his blog to market his practice. Nevertheless Lawrence's blog is informative and teaches not only DWI Law but the effect that the DWI witch hunt is having in diminishing constitutional protections. He analyzes the effect of "lobbying" groups like MADD and how they unfairly affect trials. It is a wealth of information and a study in how to do this blogging thing correctly if you are using it to market.
Well that's my best of 2006 list. Now go out and announce yours too. Dennis Kennedy is right, it is our job to let everyone know about who we are reading and why. It will make for better blogging and it is a good way to be sure that hard working lawyers we read get the recognition they deserve. Happy New Year all. See you in 'O7
And be sure to check out our sister blog Long Island (Criminal)Trial Law for her return in a revamped style in the second week of the new year.
1. Best Law Student Blog: Will Work For Favorable Dicta... Figures my first choice just stopped blogging. But I loved Energy Spatula's work (and her Blog persona name too.)Her stories were sometimes sad and sometimes crazy and often raunchy as Hell, but she was honest and true and had me pulling for her all the way. ES has graduated and moved onto a job. ES, Good Luck with the Job and "The Boy." I hope you come back soon.
2. Best NY Blawg: Sui Generis. Hands down my favorite NY Blog and one of my top five. It is a mixture of case briefs and law updates, commentary and even comedy. Every week Nicole Black has comedic breaks-funny and strange (and occasionally bizarre)transcript quotes to make us smile, as well as a weekly review of the top NY Legal stories in the tabloids and a round up of NY focused Blawg reports. I really enjoy reading her blawg. If you practice law in NY, reading Nicole's blawg is essential.
3. Best New Legal Blog: Environment Crimes Blog Blogger Walter James has quite a neat blog. It hits on criminal law topics as well as issues of Policy and Trial Techniques. His writing style is crisp and he has very good insight. I think you should check out this post and see what I mean. I hope Walter keeps at this for a long time. His teaching is spot on.
4. Best Technology Blog: Jim Calloway's Law Practice Tip Blog. I read a lot of blogs. Many of the tech blogs are the best written and most helpful of the bunch, and frankly this was one of the hardest categories to decide, but for me Jim makes Tech stuff chewable. I like to read Dennis Kennedy and Between Lawyers and I Heart Tech, but for breaking it down and using it in the office and at home, Jim Calloway does it. Jim is folksy and I can almost hear him speaking the words when he writes. He makes the hard stuff understandable. Even if you are a hardcore Techie, Jim may be keeping it too simple, but for the rest of us, Jim's tips are the right speed.
5. Best Family Law Blog: Divorce Hotline . Always well written, Janine teaches not just lawyers but clients about the issues in Divorce and Family law. She infuses her experiences with her knowledge. She is a true and honest voice in the blogosphere. Check out this post and you will understand what I am talking about.
6. Best Law Practice Management/Marketing Blog: Larry Bodine's Professional Services Marketing Blog. This category was filled with good blogs, My Shingle, What About Clients, From the 21st Floor, and Law Firm Internet Marketing Blog to name just a few, but Bodine has consistently had the information and ideas that have fueled my marketing and law practice management actions. I strongly recommend reading his blog. Reading the others is not a bad idea if you want to position your law firm for the next 20 years. Remember, the dinosaur becomes extinct.
7. Best Place To Find Blogs- Inter Alia Tom Mighell's Daily Blog of the Day and a compilation Blog of the Week, Inter alia doesn't necessarily teach you anything so much as points you to places you can be taught in. Tom finds the new, the funny, the informative, and gives you a synopsis. Half of my blog syndicator list probably came from Tom's suggestions. Runner up in this category Robert Ambrogi's Lawsites.
8. Best Constitutional Law Site: Fourth Amendment Law Blog. This category took in everything from civil rights law through constitutional and death penalty blogs. John Wesley Hall's Fourth Amendment law blog gets the latest and most important cases in front of us quickly with good analysis. I read it daily and if you are practicing in the criminal law arena you should be reading it daily too.
And finally 2 Criminal law categories
10. Best Public Defense Blog: Arbitrary and Capricious A&C is everything I am not. He is pity and short and to the point. He is a PD and proud of it. What we have in common is a respect for the rule of law and an appreciation for it as well. A&C is informed and usually a quick read. It is among my favorite, a Must Read for me. It should b for you too if your want to stay on top of what is happening, especially in the west coast legal world.
11. Best Criminal Law Site: A three way tie. Prof Berman's Sentencing Law And Policy Blog, White Collar Crime Prof Blog and DUI Blog. Since this is the first time I am doing this, I wanted to tell you about a bunch of blogs that I find helpful in practice and also for teaching me to blog. Sentencing Law and Policy is simple the resource for all things Booker. If you are not reading this blog you should not be handling cases in Federal court.
White Collar Law Prof Blog is also a wealth of important information and should be reviewed at least weekly if you are practicing criminal law. It doesn't only teach you what is happening in White Collar Crime but teaches practice oriented information that every lawyer could use. It is well written and biting. It is part of a network of Law Professor blogs all of which could be part of a regular reading list.
Finally DUIBlog is written by a lawyer (Lawrence Taylor) who uses his blog to market his practice. Nevertheless Lawrence's blog is informative and teaches not only DWI Law but the effect that the DWI witch hunt is having in diminishing constitutional protections. He analyzes the effect of "lobbying" groups like MADD and how they unfairly affect trials. It is a wealth of information and a study in how to do this blogging thing correctly if you are using it to market.
Well that's my best of 2006 list. Now go out and announce yours too. Dennis Kennedy is right, it is our job to let everyone know about who we are reading and why. It will make for better blogging and it is a good way to be sure that hard working lawyers we read get the recognition they deserve. Happy New Year all. See you in 'O7
And be sure to check out our sister blog Long Island (Criminal)Trial Law for her return in a revamped style in the second week of the new year.
Wednesday, December 27, 2006
A New Way To Attack An Old Problem: Gorilla Marketing And Driving While Intoxicate
The New York Times on Tuesday highlighted a new initiative to stop Drunk Driving in this article.It seems that the Bennington VT. Police Department has hit on an idea that may just work. Stopping drivers from becoming intoxicated and you won't have to arrest them. Now that's a novel idea.
What the department does is it hands out beer glasses to participating bars. The glasses have the police logo on them. It makes the driver think about how much he is drinking. Now there is a concept that might work.
According to Lieutenant Doucette who is in charge of the program this is how the "Pint Patrol" works:
I think this is an idea that will work. Last winter and again this Thanksgiving I handed out leaflets on cars that warned drivers/bargoers that police in the area had stepped up their DWI patrols. The leaflet had information about safety and a description of our law firm. It also had a rights card with our office information on the other side which had it been handed to a police officer would have invoked our prospective client's right to an attorney before being questioned.
The result of the leaflet was interesting. It seems that because we were putting them on windshields almost as quickly as drivers pulled into the parking lot, arrests were around the area where the bars were located. People realized that a night of drinking to excess could land them in jail. I was surprised at how many people had not already selected a designated driver and how approaching them on their way into the bar made them think about it before they wound up in the back of a police car, or worse. I also learned it was a good community gift but not a really good way to get clients, at least not that night.
In reality, I feel like I helped save a few lives on those nights we handed out the card. I hand them out now at High schools where I speak and we plan on handing them out at a few bars this winter and spring as the mood strikes. If it saves one person from doing something stupid for one night of their lives and maybe saves a life or limb of another, well then it is worth it. Here is another important quote from Lieutenant Doucette:
Imagine what the effect would be if MADD volunteers would do this every Thursday Friday and Saturday night, rather than trying to put the alcohol and bar business out of business? Oh yeah, if they really wipe out Driving While Intoxicated, how will their directors and managers make a living?
What the department does is it hands out beer glasses to participating bars. The glasses have the police logo on them. It makes the driver think about how much he is drinking. Now there is a concept that might work.
According to Lieutenant Doucette who is in charge of the program this is how the "Pint Patrol" works:
"It was my idea that we try to do something to promote highway safety," said Lt. Paul Doucette of the BPD. "One of the ways we let people know we're out there is through increased visibility. We don't want people driving impaired at all."
The pint glasses are being distributed to a variety of bars and restaurants around town and will be put into circulation on Friday. The 160 glasses were made by local company Catamount Glass and donated to the police force. The glasses come with four different pictures on them — the BPD patch, the BPD special response team patch, the BPD K-9 logo and the BPD 150th anniversary badge logo.
Doucette said the logos are there to help remind people that police are on the streets in full force during the holiday season.
"Around the holidays, people tend to drink a little more," Doucette said. "And that's OK, just as long as they have somebody to drive them home."
I think this is an idea that will work. Last winter and again this Thanksgiving I handed out leaflets on cars that warned drivers/bargoers that police in the area had stepped up their DWI patrols. The leaflet had information about safety and a description of our law firm. It also had a rights card with our office information on the other side which had it been handed to a police officer would have invoked our prospective client's right to an attorney before being questioned.
The result of the leaflet was interesting. It seems that because we were putting them on windshields almost as quickly as drivers pulled into the parking lot, arrests were around the area where the bars were located. People realized that a night of drinking to excess could land them in jail. I was surprised at how many people had not already selected a designated driver and how approaching them on their way into the bar made them think about it before they wound up in the back of a police car, or worse. I also learned it was a good community gift but not a really good way to get clients, at least not that night.
In reality, I feel like I helped save a few lives on those nights we handed out the card. I hand them out now at High schools where I speak and we plan on handing them out at a few bars this winter and spring as the mood strikes. If it saves one person from doing something stupid for one night of their lives and maybe saves a life or limb of another, well then it is worth it. Here is another important quote from Lieutenant Doucette:
"I'm not just about going out and arresting people," Doucette said. "I'm hoping we have a very safe holiday season without any major accidents related to alcohol."
Imagine what the effect would be if MADD volunteers would do this every Thursday Friday and Saturday night, rather than trying to put the alcohol and bar business out of business? Oh yeah, if they really wipe out Driving While Intoxicated, how will their directors and managers make a living?
President Gerald Ford, Dead At 93 Years Of Age
AP announces that President Gerald R. Ford, America's only unelected President died earlier tonight. He was 93. Ford a Michigan Republican was always a solid leader who tried to heal a wounded nation after its long battle with Watergate and the Vietnam War. Ford had been Speaker of the House of representatives before then President Richard Nixon tapped him to be Vice President after Spiro T. Agnew resigned in disgrace from office. Nixon soon followed and Ford again stepped up and assumed the presidency. It was the first time an unelected man was to assume the nation's highest office.
Ford immediately set out to heal the nation's wounds. The world had become polarized and Watergate as much as anything led to the nation's distrust of its leaders. Ford, in an attempt to put Watergate behind us, Pardoned Former President Nixon 30 days after assuming office which led many to believe the pardon was a Nixon Quid Pro Quo for stepping down. Ford in a rare presidential appearance before a House of representatives committee, denied that a deal had been struck and the investigation was closed.
Ford, who had a penchant for pratt falling became the subject of Chevy Chase a comedian then of Saturday Night fame, mimicking. It hurt him badly in the election of 1976 against President Jimmy Carter. Between his becoming a joke and the pardon of Nixon Ford lost an election that was closer than it should have been to Jimmy Carter.
Ford never second guessed his decision to pardon Nixon, he saw it as the only way the country could move on. The move was widely questioned at the time, but History has proven Ford did the right thing. In 2000, the Kennedy Library gave a Profile in Courage to Gerald Ford based in large part on his decision to Pardon Nixon so that the country could heal, knowing that when he granted the pardon he was badly hurting his chances to be re-elected to his own term in office.
Rest in Peace Mr. President.
Ford immediately set out to heal the nation's wounds. The world had become polarized and Watergate as much as anything led to the nation's distrust of its leaders. Ford, in an attempt to put Watergate behind us, Pardoned Former President Nixon 30 days after assuming office which led many to believe the pardon was a Nixon Quid Pro Quo for stepping down. Ford in a rare presidential appearance before a House of representatives committee, denied that a deal had been struck and the investigation was closed.
Ford, who had a penchant for pratt falling became the subject of Chevy Chase a comedian then of Saturday Night fame, mimicking. It hurt him badly in the election of 1976 against President Jimmy Carter. Between his becoming a joke and the pardon of Nixon Ford lost an election that was closer than it should have been to Jimmy Carter.
Ford never second guessed his decision to pardon Nixon, he saw it as the only way the country could move on. The move was widely questioned at the time, but History has proven Ford did the right thing. In 2000, the Kennedy Library gave a Profile in Courage to Gerald Ford based in large part on his decision to Pardon Nixon so that the country could heal, knowing that when he granted the pardon he was badly hurting his chances to be re-elected to his own term in office.
Rest in Peace Mr. President.
Tuesday, December 26, 2006
Dennis Kennedy Bestows A Blawggie on That Lawyer Dude!!!
This is a real honor for me. To begin, an article in The ABA's Law Practice Management magazine by Dennis Kennedy and Tom Mighell, was the inspiration of this blog. Tom and Dennis had pointed out the trend and I wanted to be ahead of it. I was and it helped my practice nearly immediately. Later, I had the pleasure of serving on a panel with Dennis in Las Vegas and a close friendship was begun. Even so I take Dennis at his word in awarding me his honor, especially since he is also close to the other two bloggers he was considering for the award.
Secondly the award is named for the writer of one of my favorite blogs. Sherry Fowler is an honest voice and she can move you to tears. She ended her blog "Stay of Execution" last week. She has begun a new blog titled "Stay" which is dedicated to short posts. I will miss her longer posts however.
Finally I am awed by the company Dennis thrusts me into. Ernest Svenson has been cited on my blogs a couple of times (Here and here) Ernie also has one of the great Blogger handles "Ernie The Attorney" which is also the name of his wonderful solo blog. Ernie is not just a lawyer who is teaching or giving an opinion he is a reporter. He has been sending posts on the slow recovery on New Orleans. In fact if I were giving the award I would have given it to him again this year. (I am not however willing to give it back Ernie.) As for Denise Howell (who along with Mr. Kennedy and Mr. Svenson is another member of the Between Lawyers team) Hell, she Coined the phrase BLAWG!! Her Blawg by the way is a combination of information about intellectual property and law firm life. It is also an honest read and a really well written blog.
Here are the rest of Dennis Kennedy's winners:
Here is what Dennis said about the award he bestowed upon this blog:
Here's a list of Dennis's Blawggie winners:
I. List of 2006 Blawggie Award Categories and Winners.
1. Best Overall Law-Related Blog - Marty Schwimmer's The Trademark Blog
2. Best Overall Law Practice Management Blog - Tom Collins' More Partner Income
3. The Marty Schwimmer Best Practice-Specific Legal Blog - Evan Schaeffer's The Illinois Trial Lawyer Weblog
4. Best Legal Blog Category - Law Librarian Blogs and Canadian Law-related Blogs (Tie)
5. Best Legal Blog Digest - Stark County Law Library Blog and Bob Ambrogi's and Carolyn Elefant's Law.com Inside Opinions (Tie)
6. Best Blawg About Legal Blawgging - Kevin O'Keefe's Real Lawyers Have Blogs
7. Best Legal Podcast - Bob Ambrogi's and Craig Williams' Coast to Coast Podcast
8. The Sherry Fowler Best Writing on a Legal Blog Award - Tony Colleluori's That Lawyer Dude
9. Best Law Professor Blog - Tung Yin's The Yin Blog
10. Best New Law-related Blog - Peter Lattman's WSJ.com Law Blog and Adriana Linares' I Heart Tech (Tie)
11. Best Legal Technology Blog - DennisKennedy.Blog
Go to his post for their links and for his reasoning.
To end, Dennis has challenged us to name our own favorite blogs and give them awards and recognition. He is right. Being listed on a blog roll is nice but being told what works for me and why is a more important thing. Hence, I will be naming those that That Lawyer Dude Selects, later in the week.
Secondly the award is named for the writer of one of my favorite blogs. Sherry Fowler is an honest voice and she can move you to tears. She ended her blog "Stay of Execution" last week. She has begun a new blog titled "Stay" which is dedicated to short posts. I will miss her longer posts however.
Finally I am awed by the company Dennis thrusts me into. Ernest Svenson has been cited on my blogs a couple of times (Here and here) Ernie also has one of the great Blogger handles "Ernie The Attorney" which is also the name of his wonderful solo blog. Ernie is not just a lawyer who is teaching or giving an opinion he is a reporter. He has been sending posts on the slow recovery on New Orleans. In fact if I were giving the award I would have given it to him again this year. (I am not however willing to give it back Ernie.) As for Denise Howell (who along with Mr. Kennedy and Mr. Svenson is another member of the Between Lawyers team) Hell, she Coined the phrase BLAWG!! Her Blawg by the way is a combination of information about intellectual property and law firm life. It is also an honest read and a really well written blog.
Here are the rest of Dennis Kennedy's winners:
Here is what Dennis said about the award he bestowed upon this blog:
8. The Sherry Fowler Best Writing on a Legal Blog Award - Anthony Colleluori's That Lawyer Dude
I'm a big fan of the pure writing ability of some of the best legal bloggers. I named this award after the legal blogger who had the biggest influence on my blog writing Sherry "Scheherezade" Fowler, who just ended her blog, Stay of Execution, one of the important blogs in the history of legal blogging, to start a new blog called "Stay." Ernest "Ernie the Attorney" Svenson won this award in 2005 and could have easily done so again with his great posts on post-Katrina New Orleans. However, the blogger whose writing really grabbed me this year was Tony Collelulori at That Lawyer Dude. After meeting Tony, I always describe him as having a heart of gold. That comes through in his writing and his writing often has an emotionally compelling quality that you don't often see. Some of his posts make me think about them for days - they grab you. Here’s the recent post that clinched this award. His analytical posts are great, but his personal essays are the highlights of his blog. If you are not reading Tony's blog, you should be. Runners-up in this category - Ernest Svenson and Denise Howell.
Here's a list of Dennis's Blawggie winners:
I. List of 2006 Blawggie Award Categories and Winners.
1. Best Overall Law-Related Blog - Marty Schwimmer's The Trademark Blog
2. Best Overall Law Practice Management Blog - Tom Collins' More Partner Income
3. The Marty Schwimmer Best Practice-Specific Legal Blog - Evan Schaeffer's The Illinois Trial Lawyer Weblog
4. Best Legal Blog Category - Law Librarian Blogs and Canadian Law-related Blogs (Tie)
5. Best Legal Blog Digest - Stark County Law Library Blog and Bob Ambrogi's and Carolyn Elefant's Law.com Inside Opinions (Tie)
6. Best Blawg About Legal Blawgging - Kevin O'Keefe's Real Lawyers Have Blogs
7. Best Legal Podcast - Bob Ambrogi's and Craig Williams' Coast to Coast Podcast
8. The Sherry Fowler Best Writing on a Legal Blog Award - Tony Colleluori's That Lawyer Dude
9. Best Law Professor Blog - Tung Yin's The Yin Blog
10. Best New Law-related Blog - Peter Lattman's WSJ.com Law Blog and Adriana Linares' I Heart Tech (Tie)
11. Best Legal Technology Blog - DennisKennedy.Blog
Go to his post for their links and for his reasoning.
To end, Dennis has challenged us to name our own favorite blogs and give them awards and recognition. He is right. Being listed on a blog roll is nice but being told what works for me and why is a more important thing. Hence, I will be naming those that That Lawyer Dude Selects, later in the week.
Sunday, December 24, 2006
NYS Department of Criminal Justice Services Christmas Message To The Families Of Accused Felons: BAH HUMBUG
I so wanted to leave a positive message tonight. Maybe tomorrow. Last night a new client was arrested for Assault in the 2nd Degreem by the Yonkers Police Department. The case is so week even the district attorney agrees it will never come out of the Grand Jury. All parties agreed that bail would be set very low.
Nevertheless, It didn't stop my poor and in this case, INNOCENT client from spending Christmas in jail. Doesn't matter that he has a job, roots in the community, and that 7 members of the community and his family came to the arraignment. The court could not release my client because one of the slowest most incompetently run Departments of the state government could not process the clients finger prints in 18 hours!!
The reason the Division of Criminal Justice Services uses out of dated machines and internet hookups. It's because their employees are slow and inefficient, it maybe because they are one of the most underfunded divisions in state government.
Without a "rap sheet" a judge does not have jurisdiction over the bail of the case.
Of course the District attorney could haved waived the need but they wouldn't. It didn't stop them from asking for a Temporary Order of Protection (which whould have acted as a waiver to the provision) nor did it stop the Judge from granting it. But to screw my client and his family...No Jurisdiction.
It was bull hockey move (I have stronger language but it is Christmas). There is no excuse for this. It wasted hours of time and money. It ruined the holiday not only for my client and his f&mily but for me too. Worse yet... it happened to hundreds of others too. In the highest taxed state in the union, it is unacceptable. I am thinking of suing under the civil rights act. Let me know if you know anyone else in a similar situation.
I wish I could say Merry Christmas, but It won't be.
Nevertheless, It didn't stop my poor and in this case, INNOCENT client from spending Christmas in jail. Doesn't matter that he has a job, roots in the community, and that 7 members of the community and his family came to the arraignment. The court could not release my client because one of the slowest most incompetently run Departments of the state government could not process the clients finger prints in 18 hours!!
The reason the Division of Criminal Justice Services uses out of dated machines and internet hookups. It's because their employees are slow and inefficient, it maybe because they are one of the most underfunded divisions in state government.
Without a "rap sheet" a judge does not have jurisdiction over the bail of the case.
Of course the District attorney could haved waived the need but they wouldn't. It didn't stop them from asking for a Temporary Order of Protection (which whould have acted as a waiver to the provision) nor did it stop the Judge from granting it. But to screw my client and his family...No Jurisdiction.
It was bull hockey move (I have stronger language but it is Christmas). There is no excuse for this. It wasted hours of time and money. It ruined the holiday not only for my client and his f&mily but for me too. Worse yet... it happened to hundreds of others too. In the highest taxed state in the union, it is unacceptable. I am thinking of suing under the civil rights act. Let me know if you know anyone else in a similar situation.
I wish I could say Merry Christmas, but It won't be.
Wednesday, December 20, 2006
Suffolk NY District Att'y Spota Investigates Fire Island Police Dept For Brutality: Newsday Cites Case Brought By That Lawyer Dude
Long Island's Newsday daily paper quotes me in today's article on the brutality of the Ocean Beach Police Department. I am also featured on today's Radio News broadcast on WCWP 88.1FM Long Island's Public Radio station. This Just in I will be quoted in a national Associated Press article being written by fellow lawyer Pat Noltan.
Anyway enough bragging. The fact of the matter is that it has been an open secret among the defense bar that police brutality on Fire Island and especially in Ocean Beach has been horrendous. Unfortunately because the hamlet has its own court and private prosecutors the police department charges misdemeanors and violations and sweeps the brutality under the rug. In situations where the brutality does come to fore, the Police and the hamlet's private insurance company settle the cases with gag orders and without having to take responsibility for the actions.
In January, NY is getting a new Governor and the State house will be back to business. If the state wants to pass bills to reduce brutality and acknowledge the importance of the rule of law and of a civil police department it needs to act this year to:
1 Require no less than 4 full weeks of training for every village and hamlet police officer or part-time cop.
2. Make it illegal for a municipality to settle a civil rights claim under seal and without an admission or finding of fault (Even if the claim is settled under a different theory such as harassment or false arrest)
3. Set up a full time commission of civilians to oversee police complaints. It would function the same as the State Grievance Committees that investigate complaints against lawyers. It would employ investigators and prosecutors who would then proffer complaints for the state attorney general or local District Attorneys to prosecute.
In the meantime if you have been a victim of Police Brutality on Ocean Beach, Fire Island, NY, please contact District Attorney Thomas Spota. You can also speak to myself or Diane Petillo who heads up the Civil Rights and Constitutional Law division of our Law Office.
Anyway enough bragging. The fact of the matter is that it has been an open secret among the defense bar that police brutality on Fire Island and especially in Ocean Beach has been horrendous. Unfortunately because the hamlet has its own court and private prosecutors the police department charges misdemeanors and violations and sweeps the brutality under the rug. In situations where the brutality does come to fore, the Police and the hamlet's private insurance company settle the cases with gag orders and without having to take responsibility for the actions.
In January, NY is getting a new Governor and the State house will be back to business. If the state wants to pass bills to reduce brutality and acknowledge the importance of the rule of law and of a civil police department it needs to act this year to:
1 Require no less than 4 full weeks of training for every village and hamlet police officer or part-time cop.
2. Make it illegal for a municipality to settle a civil rights claim under seal and without an admission or finding of fault (Even if the claim is settled under a different theory such as harassment or false arrest)
3. Set up a full time commission of civilians to oversee police complaints. It would function the same as the State Grievance Committees that investigate complaints against lawyers. It would employ investigators and prosecutors who would then proffer complaints for the state attorney general or local District Attorneys to prosecute.
In the meantime if you have been a victim of Police Brutality on Ocean Beach, Fire Island, NY, please contact District Attorney Thomas Spota. You can also speak to myself or Diane Petillo who heads up the Civil Rights and Constitutional Law division of our Law Office.
Tuesday, December 19, 2006
Is This The Right Way To Teach Kids To Do The Right Thing?: 17 Year Old Gets 10 Years For Having Consensual Oral Sex With A 15 Year Old.
Three of the Internet's most respected and well known Blawgers have called for the Georgia Board of Parole and Pardons to pardon a Seventeen year old boy who had consensual sex on camera with his Fifteen year old girlfriend. Howard Bashman (How Appealing), Prof. Eugene Volokh (The Volokh Conspiracy) and Prof. Douglas Berman (Sentencing Law and Policy Blog) are all calling on the Georgia government to change the sentence of this kid. Especially since the Georgia legislature changed the law under which he was convicted so that he would have committed a misdemeanor instead of a felony and could only been sentenced to a year, had he committed the crime in 2006.
I am sure that I have a number of opinions on this issue but I encourage you to look at the stories in the press about this case and to read the comments on Volokh and Sentencing Law Blog before answering the above question. Then click on the comments section below and let me know what you think. It is that simple. I will have more on this case and this decision by the Georgia Supreme Court in the near future, after I have learned more about it and after I see how you all weigh in on the matter.
I am sure that I have a number of opinions on this issue but I encourage you to look at the stories in the press about this case and to read the comments on Volokh and Sentencing Law Blog before answering the above question. Then click on the comments section below and let me know what you think. It is that simple. I will have more on this case and this decision by the Georgia Supreme Court in the near future, after I have learned more about it and after I see how you all weigh in on the matter.
Sunday, December 17, 2006
Teaching Kids To Do The Right Thing: 19 Year Old Theater Usher Finds And Returns 24k To Rightful Owner
This Newsday story hit home tonight as I was thinking about what to blog about. Seems this small business woman/mom was scurrying around with cash receipts and hadn't gotten to the bank before she had to take her child to the movies. After the movie she realized she lost a satchel that contained Twenty Four Thousand ($24,000.00)Dollars in cash in it. It had dropped out between the seats in the theater. The usher, one Christopher Montgomery of Lynbrook, found the satchel and the money and took it to his manager. The owner of the money was reunited with the cash and it saved her Christmas and probably a bunch of months receipts to come. She offered Christopher a reward but he refused. I like this kid.
People who know Christopher say this comes as no surprise to them. What surprises me is that it would surprise anyone. I agree that what Christopher did was admirable and reflects well not only on him but on his entire family, especially his parents, however, it ought to be the norm not the surprising exception. Actually I think it is the norm.
I often am called upon to represent thieves. They are usually not thieves by profession. Usually they are thieves by opportunity, which is what Christopher would have been had he not been honest. I will represent these people, but I always have the same question; Why would you take something that isn't yours and keep it from the person who owned it?
The answer I get is often "I thought no one would miss it" or another way, I thought no one would notice. My other favorite is "everybody does it." No actually almost no one does it. "I was bored", "My friend said it would be okay" and "I don't know", round out the list.
I can understand a lot of it. I can't excuse it and I will not condone it. I am reminded of two personal stories.
When I was young, someone left a Davy Crockett BB Gun in my grandfather's store. I wanted a gun like that. Every kid at Our Lady of Miraculous Medal elementary school wanted one. After a day or two, when no one claimed it, my grandfather let me have it. Of course a day later the owner and his father came in. It didn't dawn on me not to return it. Of course I was disappointed because there was no way in h-ll my parents could have afforded one for me. Just, it wasn't mine.
My doting aunts (only a little older than me,) were upset. One said to my Grandfather "Daddy finders keepers." My Grandfather, who would have rather swallowed arsenic than disappoint me or my aunts looked upset. My mom (his eldest daughter) stepped in and said, "Thank you for letting us borrow your gun" and looked at me. I knew what she wanted and said, "Yeah it was fun." The boy said, "You know, if you ever want to borrow it again, just come on over to my house. Maybe we can shoot together." The boy's dad looked at my mom, me and my Grandfather and said "Thank you for your honesty, it is a gift to him from my father,who he has never met. He lives in Germany. He was heartbroken when he mislaid it." He offered me a reward which, truth be told at 7 years old I would have taken, but my mom said "You don't accept money for doing what's right." So I didn't, though I always wanted to ask if that meant you should accept money for doing what's wrong, but why risk that look mother's give when you say stuff like that. As for the boy who lost the gun? He and I remain friends to this day. Funny how stuff like that works out.
The other story concerned my dad. It took place a few years later. I had gone with him to buy a cake for a combined birthday/Christmas party we always had for my dad and his brother who were born on the same day 7 years apart. Their birthdays were a couple of days before Christmas. When we came home, my father realized that the girl at the counter had given me more change than she should have. A lot more. I gave her a five and she gave me change of a Fifty! I hadn't noticed because as usual I wasn't paying attention to the change, I was checking out the Strawberry shortcakes (I am a strawberry fanatic.)
When I gave Dad his change, we noticed the difference. I got the usual speech about paying attention and then we had to figure out what to do. It was too late to go back. So I called and the owner and the girl in the store were still there. I told them what happened and asked if they would wait for us to drive back. He said he would and when we got there I gave her the money. She was about 18. I was maybe 11 or 12. She had been crying. The owner told my father that he was going to take the money she was short out of her pay. 50 bucks was a lot of money in 1970.
She thanked me and the owner offered me a five dollar bill. I think he might have been skeptical of my story of how I got the change until I told him I didn't want the money, but I'd love one of those strawberry shortcake pieces. He obliged. That was the best Strawberry shortcake I have ever had.
Every time I went into that store from then on, I was treated like royalty. It was the best feeling. The morale of the stories though are best summed up as follows:
The value of a man, is not what he does when everyone is looking, but rather, what he does when no one will ever find out what it is he has done.
I thank God for my Mom and Dad. Christopher Montgomery should too, and judging by his actions he probably is the kind of kid who does. My Dad would have been 74 on Friday December 22. Happy Birthday in Heaven Dad, I miss you.
People who know Christopher say this comes as no surprise to them. What surprises me is that it would surprise anyone. I agree that what Christopher did was admirable and reflects well not only on him but on his entire family, especially his parents, however, it ought to be the norm not the surprising exception. Actually I think it is the norm.
I often am called upon to represent thieves. They are usually not thieves by profession. Usually they are thieves by opportunity, which is what Christopher would have been had he not been honest. I will represent these people, but I always have the same question; Why would you take something that isn't yours and keep it from the person who owned it?
The answer I get is often "I thought no one would miss it" or another way, I thought no one would notice. My other favorite is "everybody does it." No actually almost no one does it. "I was bored", "My friend said it would be okay" and "I don't know", round out the list.
I can understand a lot of it. I can't excuse it and I will not condone it. I am reminded of two personal stories.
When I was young, someone left a Davy Crockett BB Gun in my grandfather's store. I wanted a gun like that. Every kid at Our Lady of Miraculous Medal elementary school wanted one. After a day or two, when no one claimed it, my grandfather let me have it. Of course a day later the owner and his father came in. It didn't dawn on me not to return it. Of course I was disappointed because there was no way in h-ll my parents could have afforded one for me. Just, it wasn't mine.
My doting aunts (only a little older than me,) were upset. One said to my Grandfather "Daddy finders keepers." My Grandfather, who would have rather swallowed arsenic than disappoint me or my aunts looked upset. My mom (his eldest daughter) stepped in and said, "Thank you for letting us borrow your gun" and looked at me. I knew what she wanted and said, "Yeah it was fun." The boy said, "You know, if you ever want to borrow it again, just come on over to my house. Maybe we can shoot together." The boy's dad looked at my mom, me and my Grandfather and said "Thank you for your honesty, it is a gift to him from my father,who he has never met. He lives in Germany. He was heartbroken when he mislaid it." He offered me a reward which, truth be told at 7 years old I would have taken, but my mom said "You don't accept money for doing what's right." So I didn't, though I always wanted to ask if that meant you should accept money for doing what's wrong, but why risk that look mother's give when you say stuff like that. As for the boy who lost the gun? He and I remain friends to this day. Funny how stuff like that works out.
The other story concerned my dad. It took place a few years later. I had gone with him to buy a cake for a combined birthday/Christmas party we always had for my dad and his brother who were born on the same day 7 years apart. Their birthdays were a couple of days before Christmas. When we came home, my father realized that the girl at the counter had given me more change than she should have. A lot more. I gave her a five and she gave me change of a Fifty! I hadn't noticed because as usual I wasn't paying attention to the change, I was checking out the Strawberry shortcakes (I am a strawberry fanatic.)
When I gave Dad his change, we noticed the difference. I got the usual speech about paying attention and then we had to figure out what to do. It was too late to go back. So I called and the owner and the girl in the store were still there. I told them what happened and asked if they would wait for us to drive back. He said he would and when we got there I gave her the money. She was about 18. I was maybe 11 or 12. She had been crying. The owner told my father that he was going to take the money she was short out of her pay. 50 bucks was a lot of money in 1970.
She thanked me and the owner offered me a five dollar bill. I think he might have been skeptical of my story of how I got the change until I told him I didn't want the money, but I'd love one of those strawberry shortcake pieces. He obliged. That was the best Strawberry shortcake I have ever had.
Every time I went into that store from then on, I was treated like royalty. It was the best feeling. The morale of the stories though are best summed up as follows:
The value of a man, is not what he does when everyone is looking, but rather, what he does when no one will ever find out what it is he has done.
I thank God for my Mom and Dad. Christopher Montgomery should too, and judging by his actions he probably is the kind of kid who does. My Dad would have been 74 on Friday December 22. Happy Birthday in Heaven Dad, I miss you.
Saturday, December 16, 2006
Dear Judge Sorkin: Don't Throw The Baby Out With The Bath
I just returned from a sad trip to the X-Judge Blog. I was sad because Judge Sarokin had both turned off his comments and had responded to the negatives hurled at him since starting his blog this month.
Sarokin has had a brilliant career as a jurist and has also had his share of controversy. I (and a number of other Bloggers) think it is really "cool" to have his voice on the blogosphere. We knew he was in for the kind of jostling he would never have seen had he stayed protected on the bench. I hoped he could take it because what he has to say to us as citizens and lawyers is important. The possibility of having the kind of exchange you can only have on the blogosphere was tantalizing.
Like every good wife, Mrs. Sorkin warned him about what might happen if he lent his voice and opinion to the rest of us. The Judge is without a doubt correct about the lack of etiquette by bloggers on the political fringes. He is, in fact, right about the way public discourse has plummeted into name calling. I have been guilty of it myself. Nevertheless, Judge, DO NOT STOP BLOGGING and do not stifle the idiots by cutting off comments. Yes, learn how to monitor the comments so that vulgarity and defamation are not on your blog, but let the idiots roar. No need to roar back unless you enjoy it, but most of all, do not let it stifle your voice, or the idiots have won.
Judge, you may never see this post, I have no way to contact you, but I hope you will continue to engage in the discourse in the World's new "Town Square." I hope you will not fade away. The service you give now, as you enter the end of your career, is probably more difficult to sustain than any that you have previously encountered. It is also among the most important.
Sarokin has had a brilliant career as a jurist and has also had his share of controversy. I (and a number of other Bloggers) think it is really "cool" to have his voice on the blogosphere. We knew he was in for the kind of jostling he would never have seen had he stayed protected on the bench. I hoped he could take it because what he has to say to us as citizens and lawyers is important. The possibility of having the kind of exchange you can only have on the blogosphere was tantalizing.
Like every good wife, Mrs. Sorkin warned him about what might happen if he lent his voice and opinion to the rest of us. The Judge is without a doubt correct about the lack of etiquette by bloggers on the political fringes. He is, in fact, right about the way public discourse has plummeted into name calling. I have been guilty of it myself. Nevertheless, Judge, DO NOT STOP BLOGGING and do not stifle the idiots by cutting off comments. Yes, learn how to monitor the comments so that vulgarity and defamation are not on your blog, but let the idiots roar. No need to roar back unless you enjoy it, but most of all, do not let it stifle your voice, or the idiots have won.
Judge, you may never see this post, I have no way to contact you, but I hope you will continue to engage in the discourse in the World's new "Town Square." I hope you will not fade away. The service you give now, as you enter the end of your career, is probably more difficult to sustain than any that you have previously encountered. It is also among the most important.
Tuesday, December 12, 2006
Nassau District Attorney Rice Announces An Early Assessment Bureau: Justice Delivered Or Fiscal Boondoggle?
Nassau's New District Attorney has announced a new initiative which both increases her office size, and seeks to restore her image with Women and Family first voters. The question is: Will it result in better justice at less cost?
DA Kathleen Rice has come under fire here before (see here, here, and here.) As a result of my criticism some have wondered whether I intend to run against her. Let's handle that first. While one never says never, it is highly unlikely for so many reasons. Those reasons can be saved for another day, suffice it to say, I am critical of Rice because I want to see results without an unnecessary increase in costs.
Ok now lets deal with the new proposal. Rice's New Early Case Assessment Unit is not an unwelcome addition. The ECAB bureau is now going to take police arrest paperwork and decide what the charges should be and how those charges should be drafted. Up until now that job was the police department's job alone.
In order for ECAB to be a success, it has to be less expensive than the police doing it and it has to result in fewer felony and serious misdemeanor charges from being filed.
I realize that lower charging seems counter-intuitive but it has been an open secret that Nassau Police over-charge cases. Hence a lot of the plea bargaining that goes on in Nassau courts is to just get the right charge to begin with because the police over-charge. The causes of over-charging can be many. One reason might be that the police do not have the legal experience to make nuanced decisions about charges. A more nefarious reason is that charging a burglary instead of a trespass looks good on a police officers resume. Charging an Assault 2rd degree is better than an Assault 3rd degree.
Now fairer charging will result in what appears to be a drop in the crime rate. That is illusory. That aside, it will result in a clearer picture of the real crime rate in Nassau County. An ECAB unit also takes away from the District Attorney the right to hide behind the police actions as in "I didn't bring the charge I only prosecute what the Police charge" which is how Nassau District Attorneys have defended themselves against the defense charge of "over-charging.
The PBA and other Police labor Unions fear that ECAB will both decrease overtime and take away the Police perogative in charging crime thus making it harder to control the streets. Criminals will have less to fear of a cop overcharging the case.
A reduction in police overtime would be welcome from taxpayers point of view. Part-time assistant district attorney's cost a lot less than overtime paid police (Police tend to out earn their ADA counterparts anyway.) However I have worked in an ECAB type unit in Mount Vernon (NY)in the early 80's and I would doubt that the unit will cut overtime substantially. Instead of drafting from a form charge, police will now sit with an ADA and they will type out the charge instead. I do not see a savings unless the police can teletype or email the paperwork to the ECAB and then they just redraft. Moreover since Police have to bring suspects to Police HQ anyway there is no savings in time driving from the Precinct to Mineola. Hence it seems like all we have done is added a layer of bureaucracy to the process. It may be, however, that the new project reduces over-all prosecution costs.
The new unit is going to cost 1.2 Million Dollars ($1,200,000.00). That's a lot of money. In order to adjudge this expense a success, Rice is going to have to prove a significant drop in over-charging and in Over-time or at least in general prosecution costs.
One final point, DA Rice is using the unit to place part-time employees. It is meant to undue the harm done when she eliminated part-time jobs for prosecutors this past summer. The ECAB unit is a failure if it is to be measured as a solution to the part-time lawyer fiasco. That however is fodder for a different post.
As for now, for ECAB, the jury is out.
DA Kathleen Rice has come under fire here before (see here, here, and here.) As a result of my criticism some have wondered whether I intend to run against her. Let's handle that first. While one never says never, it is highly unlikely for so many reasons. Those reasons can be saved for another day, suffice it to say, I am critical of Rice because I want to see results without an unnecessary increase in costs.
Ok now lets deal with the new proposal. Rice's New Early Case Assessment Unit is not an unwelcome addition. The ECAB bureau is now going to take police arrest paperwork and decide what the charges should be and how those charges should be drafted. Up until now that job was the police department's job alone.
In order for ECAB to be a success, it has to be less expensive than the police doing it and it has to result in fewer felony and serious misdemeanor charges from being filed.
I realize that lower charging seems counter-intuitive but it has been an open secret that Nassau Police over-charge cases. Hence a lot of the plea bargaining that goes on in Nassau courts is to just get the right charge to begin with because the police over-charge. The causes of over-charging can be many. One reason might be that the police do not have the legal experience to make nuanced decisions about charges. A more nefarious reason is that charging a burglary instead of a trespass looks good on a police officers resume. Charging an Assault 2rd degree is better than an Assault 3rd degree.
Now fairer charging will result in what appears to be a drop in the crime rate. That is illusory. That aside, it will result in a clearer picture of the real crime rate in Nassau County. An ECAB unit also takes away from the District Attorney the right to hide behind the police actions as in "I didn't bring the charge I only prosecute what the Police charge" which is how Nassau District Attorneys have defended themselves against the defense charge of "over-charging.
The PBA and other Police labor Unions fear that ECAB will both decrease overtime and take away the Police perogative in charging crime thus making it harder to control the streets. Criminals will have less to fear of a cop overcharging the case.
A reduction in police overtime would be welcome from taxpayers point of view. Part-time assistant district attorney's cost a lot less than overtime paid police (Police tend to out earn their ADA counterparts anyway.) However I have worked in an ECAB type unit in Mount Vernon (NY)in the early 80's and I would doubt that the unit will cut overtime substantially. Instead of drafting from a form charge, police will now sit with an ADA and they will type out the charge instead. I do not see a savings unless the police can teletype or email the paperwork to the ECAB and then they just redraft. Moreover since Police have to bring suspects to Police HQ anyway there is no savings in time driving from the Precinct to Mineola. Hence it seems like all we have done is added a layer of bureaucracy to the process. It may be, however, that the new project reduces over-all prosecution costs.
The new unit is going to cost 1.2 Million Dollars ($1,200,000.00). That's a lot of money. In order to adjudge this expense a success, Rice is going to have to prove a significant drop in over-charging and in Over-time or at least in general prosecution costs.
One final point, DA Rice is using the unit to place part-time employees. It is meant to undue the harm done when she eliminated part-time jobs for prosecutors this past summer. The ECAB unit is a failure if it is to be measured as a solution to the part-time lawyer fiasco. That however is fodder for a different post.
As for now, for ECAB, the jury is out.
Monday, December 11, 2006
Of HOPE and Charity: Some Interesting Stories & A Few Thoughts
,A few stories "ripped from the headlines." if you will:
I. Newsday Reports on Suffolk County New York Drug Dealers as Murderers Initiative
Yesterday's edition of Newsday had this story on a new policing initiative. Seems a lot of kids are dying of drug overdosing. Their stories do not get reported because the Cause of Death is normally reported as accidental. Parents and other family members do not want the publicity. Suffolk County NY however has decided to try to treat these cases as murders or manslaughter and seek to find the drug dealers who help these young people become corpses.
I have often wondered over the years why this wasn't done already. After all giving a kid "Smack" or "Dust" seems no different than handing a suicidal person a gun. In fact it is probably worse. At least the suicide wants to die, usually not the intent in the latter case.
On the other hand I am reminded of the John Belushi case where fellow user was accused of helping Belushi die by providing the drugs to him. The trick here is to use this charge against pushers. People who live their lives primarily in the sale of drugs. I am not talking about a fellow "hype" or user, I mean the prosecutions ought to be pointed at big dealers. The other positive of this is to get the serious nature of these drugs and of being involved in these drugs out in the open so maybe the deaths of these naive kids will not be in vain.
II. The Children of Hope Need YOU!!
Two abandoned infants are buried next to each other in Holy Rood Catholic Cemetery. Both carry the last name "HOPE."
My friend Tim Jaccard had the grim task of burying each infant. Tim is a hero in my book. He fought and obtained state approval for the safe haven program where young mothers can drop kids off at a site that will take the kids no questions asked. They can give up the kids and leave. It is saving lives. Getting the word out is still tough especially among minority and immigrant kids. Tim is in charge of the Children of Hope Foundation. He works with these young mothers and mothers to be and talks them down from the fear and into the world of adoption. He and his foundation have saved numerous kids, both Moms and infants. I hope this Christmas, Tim can focus on those he saved rather than the two he lost in the last month. Click here to send a donation.
III. Speaking of Donations, Only You can save Meals on Wheels
If you were a shut in and had no way to get food, what would you do? Who would you turn to?
About 100 people sick infirm and needy turn to Meals on Wheels Huntington, Inc. They are there day after day meal after meal helping to make a difference in the lives of these people.
They are about to go out of business. They have less than 60 days before they lose their home. Seems their building is dilapidated and the Red Cross (owner of the building)can't keep it up anymore.
"Meals" present rent is Two Hundred Fifty Dollars a month, their new rent in a new place will be a minimum of One Thousand Dollars a month, Unless... They can find an angel. A Horace P. Bogardus. A landlord who has say 300 sq. Feet of space that he can give or rent to them so they can keep up their life giving work. ARE YOU THAT ANGEL???? If so call them at 631-271-5150. Remember what Father O'Malley said about good deeds helping to cure an bad heart...
IV. A New Blog From A New Arena
I do not usually write about a new blog unless I see it putting out a lot of posts. On the other hand, most new blawgs do not start off with a mention in the venerable Volokh Conspiracy on of American BLawg lands most popular blogs.
So what makes this one different. Well it is written by former US District Court Judge H Lee Sorokin of the Jersey Branch of the US District Court. It is written in a no nonsense style and it appears the judge is not happy with the way the American government and especially the Executive branch is treating the US Constitution. So far the Blog X JUDGE is getting a lot of hits and a lot of comments. Some of which a judge would not usually hear. Welcome to the Blogoshpere your honor. Keep your helmet on and keep on writing.
V. THEY'RE CONGRESSMEN NOT TRIAL LAWYERS
What a surprise, the Congressman named to chair the HOUSE OF REPRESENTATIVES INTELLIGENCE COMMITTEE (now there is an oxymoron if ever there was one) doesn't know the difference between a Shiite and a Sunni Muslim. He also doesn't know which one supplies Al Queda (Sunnis) and which ones support Hamas (Shiites). We're already off to a rollicking start...
Hattip: Volokh Conspiracy
VI Facebook Follies Can Hurt Your Job Prospects
DUH????!!!! Need we say more?
VI. Is the Rabbi "The Grinch That Stole Christmas??" NOPE! It's His Lawyer!!
Constitutional law is probably the hardest subject to grasp, especially when it comes to the Establishment Clause of the First Amendment.
This story tells why lawyers who are not well schooled in the area of First amendment protections should stay away from giving advice on it to laymen, especially those that think they are aggrieved.
Seems the good people who run the Seattle-Tacoma airport wanted to spread a little seasonal cheer. They put up a couple of Christmas Tree displays. A local rabbi, rather than write to them and ask them to come up with some other displays next year, ran to the press and said "They better put up a Menorah or I am going to Sue!!"
The people who run the airport not having time to figure out the establishment clause issues, decided that they would just be Skipping Christmas this year.
His Lawyer a personal injury and sometimes criminal lawyer says ""They've darkened the hall instead of turning the lights up," said Bogomilsky's lawyer, Harvey Grad (this is a bad link but I just couldn't give him anymore free publicity, you'll have to get it yourself). "There is a concern here that the Jewish community will be portrayed as the Grinch."
No Harve the Jewish community isn't the grinch, it is the person who told Rabbi Bogomilsky that he could demand a Menorah.
You see, A Christmas Tree, Reindeer, Santa Claus, and Frosty the Snowman, are not religious symbols. They are symbols of the season. A Nativity Scene are Religious symbols, just as is a Menorah.
A Dreidel is not however a Religious symbol and is what the Rabbi should have asked for. Moreover, you should have advised the Rabbi not to make a federal case of it this year, but to ask and see how it went next year. If things were unchanged THEN you should have advised him to sue... Then again you and your client wouldn't have gotten any publicity...
I bet it sure seemed like a good idea at the time though. Next time leave the heavy lifting to the First amendment guys and stick with the winter's slip and falls...
UPDATE:
The Christmas Trees are back up in Seattle-Tacoma Airport. The Rabbi has agreed to drop his potential lawsuit and suprise: the trees reappeared. Hmmm I didn't know Christmas Trees were afraid of lawsuits... you learn something everyday.
Of course, maybe they all just read this post and they learned something about the establishment clause...Nah.
I. Newsday Reports on Suffolk County New York Drug Dealers as Murderers Initiative
Yesterday's edition of Newsday had this story on a new policing initiative. Seems a lot of kids are dying of drug overdosing. Their stories do not get reported because the Cause of Death is normally reported as accidental. Parents and other family members do not want the publicity. Suffolk County NY however has decided to try to treat these cases as murders or manslaughter and seek to find the drug dealers who help these young people become corpses.
I have often wondered over the years why this wasn't done already. After all giving a kid "Smack" or "Dust" seems no different than handing a suicidal person a gun. In fact it is probably worse. At least the suicide wants to die, usually not the intent in the latter case.
On the other hand I am reminded of the John Belushi case where fellow user was accused of helping Belushi die by providing the drugs to him. The trick here is to use this charge against pushers. People who live their lives primarily in the sale of drugs. I am not talking about a fellow "hype" or user, I mean the prosecutions ought to be pointed at big dealers. The other positive of this is to get the serious nature of these drugs and of being involved in these drugs out in the open so maybe the deaths of these naive kids will not be in vain.
II. The Children of Hope Need YOU!!
Two abandoned infants are buried next to each other in Holy Rood Catholic Cemetery. Both carry the last name "HOPE."
My friend Tim Jaccard had the grim task of burying each infant. Tim is a hero in my book. He fought and obtained state approval for the safe haven program where young mothers can drop kids off at a site that will take the kids no questions asked. They can give up the kids and leave. It is saving lives. Getting the word out is still tough especially among minority and immigrant kids. Tim is in charge of the Children of Hope Foundation. He works with these young mothers and mothers to be and talks them down from the fear and into the world of adoption. He and his foundation have saved numerous kids, both Moms and infants. I hope this Christmas, Tim can focus on those he saved rather than the two he lost in the last month. Click here to send a donation.
III. Speaking of Donations, Only You can save Meals on Wheels
If you were a shut in and had no way to get food, what would you do? Who would you turn to?
About 100 people sick infirm and needy turn to Meals on Wheels Huntington, Inc. They are there day after day meal after meal helping to make a difference in the lives of these people.
They are about to go out of business. They have less than 60 days before they lose their home. Seems their building is dilapidated and the Red Cross (owner of the building)can't keep it up anymore.
"Meals" present rent is Two Hundred Fifty Dollars a month, their new rent in a new place will be a minimum of One Thousand Dollars a month, Unless... They can find an angel. A Horace P. Bogardus. A landlord who has say 300 sq. Feet of space that he can give or rent to them so they can keep up their life giving work. ARE YOU THAT ANGEL???? If so call them at 631-271-5150. Remember what Father O'Malley said about good deeds helping to cure an bad heart...
IV. A New Blog From A New Arena
I do not usually write about a new blog unless I see it putting out a lot of posts. On the other hand, most new blawgs do not start off with a mention in the venerable Volokh Conspiracy on of American BLawg lands most popular blogs.
So what makes this one different. Well it is written by former US District Court Judge H Lee Sorokin of the Jersey Branch of the US District Court. It is written in a no nonsense style and it appears the judge is not happy with the way the American government and especially the Executive branch is treating the US Constitution. So far the Blog X JUDGE is getting a lot of hits and a lot of comments. Some of which a judge would not usually hear. Welcome to the Blogoshpere your honor. Keep your helmet on and keep on writing.
V. THEY'RE CONGRESSMEN NOT TRIAL LAWYERS
What a surprise, the Congressman named to chair the HOUSE OF REPRESENTATIVES INTELLIGENCE COMMITTEE (now there is an oxymoron if ever there was one) doesn't know the difference between a Shiite and a Sunni Muslim. He also doesn't know which one supplies Al Queda (Sunnis) and which ones support Hamas (Shiites). We're already off to a rollicking start...
Hattip: Volokh Conspiracy
VI Facebook Follies Can Hurt Your Job Prospects
DUH????!!!! Need we say more?
VI. Is the Rabbi "The Grinch That Stole Christmas??" NOPE! It's His Lawyer!!
Constitutional law is probably the hardest subject to grasp, especially when it comes to the Establishment Clause of the First Amendment.
This story tells why lawyers who are not well schooled in the area of First amendment protections should stay away from giving advice on it to laymen, especially those that think they are aggrieved.
Seems the good people who run the Seattle-Tacoma airport wanted to spread a little seasonal cheer. They put up a couple of Christmas Tree displays. A local rabbi, rather than write to them and ask them to come up with some other displays next year, ran to the press and said "They better put up a Menorah or I am going to Sue!!"
The people who run the airport not having time to figure out the establishment clause issues, decided that they would just be Skipping Christmas this year.
His Lawyer a personal injury and sometimes criminal lawyer says ""They've darkened the hall instead of turning the lights up," said Bogomilsky's lawyer, Harvey Grad (this is a bad link but I just couldn't give him anymore free publicity, you'll have to get it yourself). "There is a concern here that the Jewish community will be portrayed as the Grinch."
No Harve the Jewish community isn't the grinch, it is the person who told Rabbi Bogomilsky that he could demand a Menorah.
You see, A Christmas Tree, Reindeer, Santa Claus, and Frosty the Snowman, are not religious symbols. They are symbols of the season. A Nativity Scene are Religious symbols, just as is a Menorah.
A Dreidel is not however a Religious symbol and is what the Rabbi should have asked for. Moreover, you should have advised the Rabbi not to make a federal case of it this year, but to ask and see how it went next year. If things were unchanged THEN you should have advised him to sue... Then again you and your client wouldn't have gotten any publicity...
I bet it sure seemed like a good idea at the time though. Next time leave the heavy lifting to the First amendment guys and stick with the winter's slip and falls...
UPDATE:
The Christmas Trees are back up in Seattle-Tacoma Airport. The Rabbi has agreed to drop his potential lawsuit and suprise: the trees reappeared. Hmmm I didn't know Christmas Trees were afraid of lawsuits... you learn something everyday.
Of course, maybe they all just read this post and they learned something about the establishment clause...Nah.
Sunday, December 10, 2006
A Happy Announcement
Time for a happy announcement. Roger Adler, Chairman of the NYS Bar Association's Criminal Justice Section, has honored me by naming me as co-chair of the Section's Continuing Legal Education Committee. This is a position I held for about 6 years in the 1990's. At that time the concept of Mandatory Continuing Legal Education was new in NY. I was excited to hold the post knowing that only quality programming would keep lawyers informed and happy with the new "imposition."
I think we were very successful and had hundreds of lawyers and judges attend the programs. They were of high quality and they were as entertaining as they were informative.
I am honored to again be serving our state bar. I look forward to planning and working on a lot of really exciting programs. If you have an Idea for a topic you would like to see the State Bar tackle, send me an e-mail to catlaw1@yahoo.com
I think we were very successful and had hundreds of lawyers and judges attend the programs. They were of high quality and they were as entertaining as they were informative.
I am honored to again be serving our state bar. I look forward to planning and working on a lot of really exciting programs. If you have an Idea for a topic you would like to see the State Bar tackle, send me an e-mail to catlaw1@yahoo.com
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