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Entries in U.S. Constitution (4)

Sunday
Sep302012

Mark O'Mara's Speech at the Gun Rights Convention

I think I’ll pretty much just let this speak for itself. Bear in mind that  the video does go in and out of focus, so you may get aggravated occasionally. Maybe not. The sound is intact, and that’s the main thing.

I have two more speeches that were introductions to this one, by attorneys Eric Friday and Jon Gutmacher, but they are giving me some problems. I know this is the one you want to see the most, though. However, I do feel it’s important to bring you the other ones, and when (and if) I can fix them, I’ll present them here and on YouTube.

I hope this video generates great discourse. I must say that, while sitting in the room with him, he does give a good speech. At least, I think so, but you can see for yourself…

Also posted at the Daily Kos

Thursday
Aug022012

The "Gratest" Show on Earth

I’m in the middle of researching the obvious — whether or not it’s feasible for the Zimmerman camp to file a motion to appeal Judge Lester’s order yesterday, to not recuse himself. I will look deeply into the logistics of such a move, but in the meantime, I want to give my old (and original) blog a shameless plug. Please take a peek. Meanwhile, isn’t this case starting to grate on your nerves?

FROM THE GALLERY…

 

Who would ever do such a thing?

Tuesday
Feb142012

More on the Josh Powell Fiasco

This is really a response to BMan’s comment on my last post, and I felt it was worthy of a new post. He put a lot of thought into it and I put a lot of thought into my response.

When we go to Nostradamus’s quatrains, they can be interpreted in any number of ways to suit the person or group that’s trying to prove a link between him and the event. For instance, Hister became Hitler, but in actuality, Hister is the Latin word for Danube. Sure, that’s in Germany, but no reputable source lists any support for the claim that it was a prediction of war brought on by Hitler’s Nazis, nor was it a war forged against him by the Allies. That’s but one example and we all know they are legion, meaning lots and lots of interpretations to fit the mood du jour.

In “The Man Who Shot Liberty Valance”, the dialogue between the newspaper editor and the hero, Senator Rance Stoddard, played by Jimmy Stewart, was pretty much the way it was when bad guys roamed the west. By that, I mean John Ford, who directed many westerns from 1939-1965, pretty much wrote the script for what we now perceive was the true old west. In real life, it wasn’t. To be blunt, almost every town had prostitutes, but not Shinbone, for example. Anyway, what the editor said as his interview with Stoddard ended was, “When the legend becomes fact, print the legend.”

It came near the end of the movie after Stoddard explained what really happened to villain Liberty Valance, played by Lee Marvin. Stoddard said that he wasn’t the town’s hero, it was Tom Doniphon, played by the iconic John Wayne. Doniphon shot the bad guy.

That’s how legends are borne, and the name Nostradamus is legendary.

If we pay heed to the Mayan calendar the way some read Nostradamus, then yes, the world will end this year, but that’s not at all what the calendar infers. The Mayans created a long count calendar to document past and future events. They also had a 52 year calendar, but the long count calendar spans 5,126 years, beginning in the year 3114 B.C and ending on Dec.21, 2012 if, and only if, it’s based on our Gregorian calendar. Dec. 21 is also the beginning of the winter solstice for the Northern Hemisphere, so if you live in Australia, you won’t die that day.

Here’s where the interpreters got it all wrong, and that’s why the ‘end of days’ predictions are way off kilter. As I said in the prevoius post, there are no such things as predictions, although educated guesses may work based on factual information that supports the propositions. In other words, A conditions B; if this, then that could happen – only there’s nothing to base the prediction on because it would mean the earth was formed in 3114 B.C. And it will end 5,126 years later, in 2012. But guess what? The earth is a lot older than 5,126 years and, therefore, the 2012 date is rendered meaningless. There’s nothing to base the hypothesis on. It does not compute.

As for Josh, yes, it could have been established that he was a risk, but first we have to address the issue of what separates a “person of interest” and a “suspect.” During the Bush administration, it came about, in a round-about, straightforward sort of way, if that makes sense, as a means to classify terrorists. It soon trickled down to law enforcement. The main difference between POI and suspect comes in the form of constitutional protection. If someone’s name is plastered all over the news as the suspect and it turns out law enforcement goofed, all sorts of lawsuits can be filed. Look at the case of Richard Jewell, the first named (and only) suspect in the Centennial Olympic Park bombing during the summer of 1996. He was completely exonerated, but by then, the mess had turned into a huge fiasco. He filed a series of suits against media outlets that libeled him, including NBC, Tom Brokaw in particular. He settled that suit for $500,000, but bear in mind, Jewell was sued by some of the injured while a suspect and it complicated things further. His exoneration came later that same year by a US Attorney; unprecedented at the time.

What we’ve learned is that you’d better be sure before you name someone a suspect because it could open the floodgates to potential legal problems.

Okay, fine, but what about Josh Powell? Certainly he was a suspect from Day 1, right? Yes and no. No, meaning there wasn’t any evidence. Nothing. Nil. Nada. Just that his wife didn’t come home and he took his very young sons out camping in sub-freezing weather. Very suspicious. Utilizing the “person of interest” euphemism instead of the direct finger pointing nomenclature of “suspect” for Josh meant there hadn’t been enough evidence to do much of anything, and it most likely meant that the Utah police department investigating the case had little to share with their Washington counterparts. It also meant they had nothing to keep him from leaving the state with his sons.

Unfortunately, if someone is named a POI, their life will change, but at the same time, if someone is named a suspect, it could ruin an innocent person’s life for years to come. There’s always that stigma. If you look at Dale Smith II, in the missing Michelle Parker case, if it turns out he is not responsible for Michelle’s disappearance, he could possibly file lawsuits. However, that does not mean he’ll win, but the odds are much better than if he were just named a person of interest.

Do I think the Washington police were keeping their eyes focused on Powell? Of course they were, but their hands were tied by law. It was the court’s responsibility, but it could only be based on what was presented to the judge in the first place.

I can tell you some interesting stories about legal custody cases and how the state is extremely particular about how they handle each one. Surely, the case worker knew about Josh’s problem in Utah, but she couldn’t really base any court testimony on what he did –- or may have done –- out-of-state. The court would have called her on the carpet for it. It was second-hand information garnered from newspaper clippings, radio, and watching the news. Oh yes, and the Internet. If she contacted Utah authorities, what could they have told her other than he was a person of interest?

So, in the interest of keeping lawsuits in check, her hands were tied. Many police departments will call an almost suspect “a person of interest” for a very good reason, but the results of the psychological evaluation Josh had last October should have sent sirens blaring. If the court felt it was necessary to examine him further by administering a psycho-sexual test, why allow him to see his children at all, especially now that they were aware that anime child porn was found on his computer? In my opinion, he shouldn’t have been allowed to see his sons until he passed that one. Surely, there should have been concern over the polygraph test, too, because he would have been probed about the disappearance of his wife.

Despite the fact that all of the visitations between Josh and his sons were supervised, it wasn’t enough, obviously. The thing the judge could have done would have been to be much more prudent. Yes, it’s nice you moved away from your perverted father, but we found some pretty sick stuff on your computer, so until the results of your psycho-sexual test are in my hands, you will meet your children on neutral ground or not at all.

Ultimately, no one else but Josh Powell was to blame. He plotted this course and if it meant blowing up a McDonald’s PlayPlace, he would have done that, too. Judges sometimes base their decisions on how the person handles themselves in the courtroom, or they take it into consideration. Powell was really good at lying and crying. He was a real wolf in sheep’s clothing, alright, but wolves don’t usually eat their young. Who knew he would be capable of doing such a horrible thing?

I’m sure his psyche will be studied for a long time by many professionals, but will it stop other people like Josh from doing the same thing if there’s nothing to “suspect” because they are merely “a person of interest” in another state? I just don’t know.

Wednesday
Jul142010

Leaving on a jet plane

Cause I'm leavin' on a jet plane
Don't know when I'll be back again

- John Denver

We've all heard the philosophical riddle, "If a tree falls in the forest and no one is around to hear it, does it make a sound?" This sort of conundrum raises questions regarding observation and knowledge of reality, with knowledge being a key word, because, at the same time, we can ask how we know the tree fell if no one was around to witness it. Suddenly, the philosophical riddle becomes more of a perplexing puzzle. That's the way I look at the latest motion filed by Casey's defense, the OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE. If the media doesn't get a chance to fully question the experts about yesterday and today, do we know for sure that the Field of Dreamers actually examined the evidence? Without further digression, if we take a look at the motion itself, on the surface it may look ordinary, but it's not. To explain, let's start by looking at some of the key points noted in the document.

Page 1

5. This case is a criminal case that carries on in its investigation stages.

Of course it does. So does every other criminal case throughout the land. An investigation can continue until the bitter end, when the state and defense rest. So what's the point? What does that statement tell us the court doesn't already know? Nothing.

Page 2

6. The reviewing of documents and/or tangible evidence related thereto by the defense should not be publicized and disseminated by the news media. This is a case of the state of Florida versus Casey Anthony; this is not a case of the news media and John Q. Public.

Aha! It didn't take long to get to the meat of the motion. What the defense is saying, as Mr. Mason has stated in the past, it is no one's business. This is a capital murder case and the public doesn't have the right to know. Basically, the defense wants to muzzle the media. It's called a gag order. If the defense wishes to put a wall up between the court and the media, why not just file a motion to suppress, restricting information or comments from being made public? That's not what this motion is asking.

8. Defense submits that at some point this Court must recognize the superior rights and entitlements under Constitutional Amendments other than the First Amendment. The news media can report on any and all evidence or proceedings that occur in court at the time of trial.

To be real, this is like sequestering the entire court - prosecution and defense included. Keep the media away from everything until the trial is underway. While I can sympathize with the defense, it's too far fetched and completely unrealistic. This would mean locking the courtroom doors to everyone, because nothing would stop John Q. Public from running to the media as soon as a hearing is over. When I said sympathize, I can understand the frustration the defense feels from some of the reports filed by media outlets. They're not always accurate and they never admit their mistakes. At the same time, we do have a Constitution that protects freedom of speech, and Casey's defense cannot undo that. We also have an open Government in the Sunshine law in the state of Florida, which means government meetings and proceedings are accessible to the public, and the last time I checked, the court system is still a part of the government.

Here's a list of the Constitutional Amendments. Do any of them apply in the motion's argument?

Amendment 5 states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." Been there, done that.

Casey's defense waived her Right to a Speedy Trial a long time ago.

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." This one means that federal courts have the authority to hear cases in law and equity brought by private citizens against states. It has no bearing on Casey.

"... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Again, the last time I checked, Casey is still living proof that due process of law has not been deprived.

There's a brief summary of the amendments that could be associated with the motion, but I see none that usurp the First Amendment, which mandates that no law can abridge "the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Let's continue on Page 2

9. To allow the news media to continue to have what has turned out to be, in many instances, "first look" at evidence, publicize otherwise uninformed speculation and conclusions about the evidence, utilizing "talking head" lawyers who have neither the experience, knowledge, or predicates for their public comments, promises to continue to infuse this case with public bias, prejudice, misunderstanding, and error.

This one is bothersome. If I recall, OJ Simpson went on trial and we, the public, learned an awful lot from the media. The nation was still split over his guilt, and legal pundits didn't do much to change the outcome, did they? I'm sure, if you look at the "talking head" attorneys the motion notes, and let's just stick with the local ones, Richard Hornsby, Bill Sheaffer and John Jay would strongly disagree. They are experienced, knowledgeable, and qualified to make assertions in this case. As a matter of fact, if I were an attorney, I'd be downright offended. On the public front, people like to study and learn, George Orwell died long ago, 1984 came and went, and no one has the right to tell any of us what we can read, write, listen to, and see. And we are still free to make our own assumptions.

10. The news media is not going to be allowed to view or see any of the evidence to be inspected; they are not going to be allowed to observe the inspection; at best, they will be able to see the arrival and departure of counsel and witnesses, thus, any reporting about the process would be nothing but imaginative speculation, and purportedly could have no reasonable journalistic value.

This is an arguable point. We, most likely, have seen images and documents of the evidence. We just don't have a concise and itemized list yet of what the defense asked to see. Will we get to see the list? That's what this motion is about. Will the video of the inspection be revealed? That, too, is a matter for the court to decide. Media outlets say yes; the defense says no. We shall see. As for journalistic value, this entire case has been a study in it, and it will continue until the very end.

Page 3

11. Your undersigned submits that at some point a balancing of the First Amendment Rights to report must be had against the eminently more important rights of the defense to effective assistance of counsel, due process, and equal protection. The media will be able to observe all phases of the trial that are on the record and do their reporting from then.

WHEREFORE, the Defendant prays this Court consider the foregoing, exercise its inherent supervisory powers, and deny the release of the documents by which the defense and prosecution have agreed to be an evidence inspection.

I am of the opinion that this motion is J. Cheney Mason's all the way. What I read is precisely the way I hear him in the courtroom; the same mannerisms, the same innuendos, the same language. In fact, his signature on the motion sits atop Jose Baez's, which generally means it came out of his office. I understand the frustration of the defense. After all, every defense attorney must cope with the media, and in this case, publishing the list could tip the hat regarding strategy, but the most important part of keeping strategy under wraps is to deny the prosecution this information, not the media. With this knowledge, the media will inform the public more uniformly and with greater accuracy.

Let's backtrack to page 2

7. The news media have, generally, spent nearly the past two years reaping benefits of their own imagination and reporting of matters both accurate and grossly inaccurate. All of such actions have resulted in causing this case to have to bear the extraordinary expense of a change of venue and bringing jurors from an undisclosed location in this state to be sequestered throughout the trial proceedings.

The defense would be better served if media outlets continue to have access to public records regarding this and all cases. To challenge it means that we would be less accurate, as I said, and in all honesty and practicality, no one is going to stop writing about Casey Anthony until the end, whenever it may be. This is part of the American psyche and it will remain a part of history for centuries to come. In the meantime, nothing can take away our inherent thirst for knowledge.

This defense would also be better served if it stopped holding impromptu press conferences at the end of each hearing for one reason and one reason alone: How can it shut the press up while it continues to inform them? This is no ordinary juxtaposition, this is hypocrisy. The left hand is doing one thing while the right hand is doing the opposite. It's perplexing, to say the least.

There is nothing in this motion that cites case law. There are no valid arguments. This is a matter of state law, and the law is abundantly clear as written in the Florida Constitution. By filing this motion with the judge instead of through the Clerk of Courts office while the judge was on vacation, Cheney Mason knew exactly what he was doing. Anyone could have predicted it. In my opinion, it was nothing more than a stall tactic. Does the defense really expect to win this one? I don't think so, but it was a smart maneuver. What the motion gains is this: It gives the experts time to leave on jet planes before the media can come after them with precise questions. They'll be long gone before the receipts are released to the public. Gone, yes, but not forgotten. Speaking of which, how ironic is it that exactly two years from the date of those 911 calls, July 15, 2008, those same calls will be argued in court? As Judge Strickland wrote in his dismissal order, "Indeed. The irony is rich."