THE ODD LEGALESE OF WINNING AND LOSING – BY ELLIN CURLEY

My ex-husband, Larry Kaiser, was a young litigation attorney in New York City in 1979. His law firm assigned Pro Bono Appeals cases to junior associates as part of a public service program.

Larry was given the appeal of a defendant, Eric Michaels, who had been convicted, in a second trial, of rape, sodomy, robbery and burglary. His first trial had been declared a mistrial. It was clear that the defendant was rightfully convicted. He had definitely done it. So Larry had to look for a procedural irregularity that he could exploit to try to get the conviction overturned on appeal. That was his job, unsavory as it was.

Larry discovered that the trial judge, Judge Arnold Fraiman, had declared a mistrial for a questionable reason – he and several jurors were scheduled to leave on vacations. I believe the judge even had his wife and his packed suitcases in the courtroom. If this was seen as an abuse of discretion by the appellate court, it would invalidate the guilty verdict of the second trial. The entire second trial would be considered invalid as a violation of double jeopardy. You can only be tried once for any crime or crimes.

Larry was drowning in work so I helped him write this Pro Bono brief. It was very much a joint effort. I was practicing law at a small New York City law firm at the time. We won the appeals case and Eric Michaels was released from prison.

One morning shortly after the appellate verdict was rendered, I was getting out of bed and I heard Larry yelling from the living room. He had just opened the New York Times and found his case on the front page! The misconduct of Judge Fraiman was considered a big enough deal to warrant a prominent story. This was particularly true because his misconduct resulted in the release of a convicted rapist. The District Attorney of New York had described Eric Michaels’ crimes as some of the more vicious crimes prosecuted by the state in years.

Judge Fraiman was now in the spotlight. Larry was interviewed by several newspapers. Over the next few days, reporters dug into the Judge’s prior cases. And they discovered that the exact same thing had happened before. Judge Fraiman had previously declared a mistrial for the same reason – he was due to leave on vacation. His prior mistrial declaration had also been considered inappropriate by an appellate court. And again, an appellate court had released another guilty defendant back onto the streets because of Judge Fraiman’s actions in court.

This was now a really big judicial scandal. The story stayed in the news for a while and destroyed Judge Fraiman’s reputation. I think he may have been censured by the judiciary or by the Bar Association.

Larry always had mixed feelings about this case. He had won a major legal success and got his name in the New York Times.

On the other hand, he also helped get a rapist released from jail. This is often the plight of lawyers in the criminal field. It was also a prime reason I didn’t go into criminal law. Winning isn’t everything.

Trump’s Latest Sucker Punch Pounds American Children Overseas – REBLOG – Shinbone Star

I often think 45 has no concept of where the money comes from. Like it just “pops up” from the soil like weeds? We spend billions on a useless wall to make sure we have an even more ignorant population than we already do. I have lost my ability to even talk about this without getting crazy!


 

THE SHINBONE STAR

Last Friday afternoon, The Shinbone Star took a quick shot at Dangerous Donald’s alarming order to misappropriate congressionally mandated funding from allegorical Peter to pay undeserving Paul.

But what really stood out was Trump-appointee Secretary of Defense Mark Esper’s decision to deny American military dependent children living overseas a decent education in order to deny brown children a chance for a better life. His disgraceful decision typifies the venality of the Trump regime.

In this event, pitiful Peter is trapped in the arbitrary Pentagon money pit while predatory Paul lounges against Trump’s disastrous wall. In between are the children of powerless young service members living life overseas in near Spartan conditions.

It’s a particularly rotten deal for the kids, whose pennies their soulless president has purloined from their housing and school budgets to pay for his pretentious wall.

Since Thursday, after Trump’s fixation with weather forecasting waned, reports of Trump…

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WHAT DO YOU DO WITH A PROBLEM LIKE A MAGAT? – AGAIN! – BY TOM CURLEY

Here is another in my unintentional series of re-posting blogs I wrote a year or so ago because they are more relevant today. This happened last week.

Ellin and I have a boat. We’ve been at the same Marina for over 19 years. This is our happy place. We love it. We don’t come here to discuss politics or religion. We come here to relax and have fun.

Here’s a picture of my neighbor to my right. He flies an American flag.

Lots of boats do. It’s a thing with boaters.  Why not? This is my neighbor two boats over to my left.

A little more nautical, but still cool. And then there’s the chucklehead next to me.

I was down below when he came in. I went upstairs to say Hi and he say “Hey did you see my flags?” I looked up and before my normal filter could kick in all I could say was

“WHAT THE FUCK?!! ARE YOU FUCKING KIDDING ME???!!!”

He laughs and says “Oh, you don’t like the guy? I think it’s funny.”

Now, those that know me would be thinking I was about to explode. And they’d be right. I knew if I did this, the guy would never know what hit him.

I didn’t want to do that. The marina is my safe place. It’s where I go every day to sit in the sun and relax. I know that some people on our dock are Republicans and some are Democrats. But we are all friends and we keep it to our selves. We can agree to disagree. I’ve grown to know them enough that we can put aside our differences by simply not talking about them. This is the dock. Mellow out. Have a beer. Go to the pool.

We are all here to relax and have fun. Then yesterday another one shows up on the dock next to us with the same God Damn flag. The vast majority of the dock was appalled. Angry. Livid. WTF?!!!

My problem is I believe in the First Amendment. I will defend your right to say stupid racist shit, but I get to also say I think you are a racist piece of shit.

There are limits to the First Amendment. You can’t shout “FIRE” in a theater. You can stand on a street corner and be as much of an asshole as you want but you can’t do it everywhere. Like our marina! The manager of  our marina, god bless him, went to both of these morons and explained the marina is a “politics-free zone.” Please take the flags down. Other people on the dock, almost all of them, were upset.

Well, chucklehead number two got all mad and outraged, but finally took the flags down. Chucklehead number one took them down but kept putting them back up until another boat owner got into a huge shouting match with him. He took the flags down.

Here’s the point. The First Amendment doesn’t mean you get to spew your racist hateful shit anywhere. Facebook, Twitter, and YouTube are all private entities. They can make their own rules and regulations about what you can and cannot do in their app and on their property. The Trumpers have decided that you have to listen to them.  If I had put a flag up that violated the marina’s rules, I would have felt terrible and immediately taken it down. I would have been embarrassed.

They don’t. They have no respect for anybody else’s feelings or rules.  They feel they have the right to shove their opinions down your throat.

THEY DON’T!  They have the right to shout racist crap and you have the right not listen to them and call them a bunch of fucking morons. Oddly the upshot of this is that my neighbor is being shunned.  Revealed to be the moron he is.

Really, he is not the sharpest pencil in the box and has no idea how to drive his 37-foot boat — which scares the shit out of all of us on the dock.

He seems to be stunned that he’s being treated like a minority. Like someone who is different from all the people around him. Like, even though we all believe in the First Amendment, we don’t want his kind around here. Karma’s a bitch. Here’s the original post. Making the same point.


Nazis are bad.

This isn’t an opinion. It’s a fact. We seem to live in a world where facts are considered by many to be identical to opinions. That still doesn’t make them any less ‘factual.’

The fact is, NAZIS ARE BAD! White supremacists are bad. White nationalists are bad. A Nazi by any other name is STILL A NAZI!

Despite this, there has been a huge rise in Nazism, white supremacy, hate crimes, and massacres, the latest being the horrific massacre in New Zealand. Which, by the way, was live-streamed on Facebook. That was bad enough. What was worse was it was re-posted over a million times on Facebook, Twitter, and YouTube.

How many sick fucks are out there?

Turns out, way, way more than I ever imagined.

They always were out there, but up until two years ago, they had the decency to stay hidden beneath the rocks under which they lived.

What changed?

What made them come out from under their slimy rocks to proudly proclaim their hatred, their racism, and misogyny? Duh! The White Nationalist in chief, Adolf Twittler got elected president.

Since then, a Nazi nut job living in a van covered with alt-right posters and pictures of Herr Twittler sent pipe bombs to two former living presidents and all sorts of media folk. Another shot up a concert in Las Vegas. Meanwhile, another bunch of right-wing nut-jobs committed mass murder.

What a fine crew they are. Yup. Good people on both sides.

There are so many hideous crimes after a while the details blur together. No matter how horrible Cheesy McCheese Face behaves — like refusing to condemn Nazis who commit murder in Charlottesville and dumping on John McCain even though he has been DEAD for months  — Republicans and “his base” continue to support him.

Well, there goes the neighborhood.

 

Although his base is a minority in the U.S., they comprise a lot of people. Too many people. So, the question remains, how do we (relatively sane) people deal with these assholes?

I disagreed when Hillary Clinton famously called these folks “deplorables.” Why? Because they owned it and started wearing tee-shirts that said “Proud Deplorable.”

She should have called them “Assholes.”

Why? Because how cool would it have been to see hundreds of thousands of these morons parading around in public wearing tee-shirts saying  “I’m a Proud Asshole.”

Lately, an odd thing has started happening. The MAGA hat-wearing public is complaining they are being discriminated against. They are being publicly shamed. They are victims. They’re being picked on because they’re MAGATs.

There are even websites and apps out there that tell them what restaurants they can go to. Where they can be sure nobody will make fun of them. Sort of a “Green Book for Red Hats.”

This shaming is a good thing. If we’ve learned anything in the last two years, we’ve learned you can’t talk to these folks. No matter how many facts you present to these morons, they only believe what the Hater-In-Chief says.

They’re a cult. You can’t have a rational conversation with a cultist. All cults are essentially the same. They only believe their “leader.” Everybody outside the cult is “the enemy.”

Everybody not in the cult is out to get them. The cult leader has secret information that only he possesses. That information almost always is the same:


The leader was anointed by God to be their leader.


As often as not, the hidden information is that the leader actually is God.  Everyone tends to forget that in most cults, the end comes when the leader goes stark raving mad, has sex with all female members, regardless of age, and decides everybody needs to kill him or herself.

The problem is this cult has more than 50-million members. That’s an awful lot of Kool-aid.

Shit, we’re gonna need more Kool-Aid.

So, what do we do with these MAGATs? These Nazis?

I say let’s treat them the way they treat other minorities:

*   If you see them on the street, cross the street. You never know if they will become violent.

*   If you see them in a store, follow them around to make sure they don’t steal anything.

*   Don’t argue with them. It’s like teaching a pig to fly. You just frustrate yourself and annoy the pig.

*   Shun them. Turn your back on them and walk away.

Give them all a message in the one language they understand:


Your kind is not welcome here.


They rationalize our nation’s descent into Hell, one sad step at a time – SHINBONE STAR REBLOG

Yeah, the slide into Hell is going so smoothly — unless you are one of the people being dragged down there with your foot grasped firmly by a red demon. Then, maybe NOT so easy.

 

THE SHINBONE STAR

“I’m not sure that I’ve ever even heard of the Category 5. I knew it existed, and I’ve seen some Category 4s — you don’t even see them that much, but the Category 5 is something that I don’t know that I’ve ever even heard the term other than I know it’s there.
— President Donald J. Trump 9/1/19

They’re testing us and we’re failing miserably.

A little more than half of the country does not want Donald Trump impeached and removed from office. The fact we’re talking about how the economy will affect his chances for re-election while he and the GOP donor class are wrecking the nation is a statement on just what the average American will accept if they don’t feel it in their wallet.

Consider:

  • “Separating families at the border for no good reason?”
    Shrug.
  • “Holding babies in cages?”
    “Their parents shouldn’t have put them in…

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DORIEN SHOULD REALLY BE DARWIN – By TOM CURLEY

A quote from the weather bureau. A real quote. I am not making this up:


IDIOTS SHOULD BE WARNED NOT TO GO OUT INTO THE STORM.

I’m not sure why we name hurricanes. I have no idea how the names get picked. I could Google it and maybe find out, but I’m too lazy to bother right now.

Regardless, I think all hurricanes should be named Darwin. Why?

Because nothing weeds out the gene pool and brings out the stupid in people like a hurricane. The bigger they are, the dumber they get. As I’m writing this, Hurricane Dorian, or what I call it, Hurricane Darwin the 2nd (Irma was the 1st), having wreaked havoc on the Bahamas is approaching southern Florida.

The Weather Channel

The worst is yet to come.  I’m watching the coverage, which is the exactly the same on all the networks. An anchor, who makes millions of dollars a year, is sitting in a warm cozy network studio. (Except for Lester Holt who was out there in the wind and rain just like a real reporter.)

He’s talking to the poor schmuck who drew the short straw and is standing in the middle of the hurricane telling everybody how dangerous the hurricane is and how nobody should be out in it. Except of course for him and his crew.

Now, granted, I know that they aren’t in as much danger as it seems. I worked for CBS News for 40 years and I know they set up in safe spots outside the wind. They only need one shot where the wind is howling and it looks like they are hanging on for dear life. When the live shot is over they all go back inside, smoke cigarettes, have lunch, play Candy Crush on their phones and wait for the next live hit.

I know Garry is nodding and laughing right now. (Note from home: Garry is laughing because he isn’t the schmuck out there in the storm.)

The really stupidest are the people who think they can ride these things out. I watched a news report a few days ago where they interviewed two people who planned on riding out Dorian from a trailer park.

Excuse me? Did you just say A TRAILER PARK??? One guy said he already lost his mobile home two weeks ago in a run off the mill flood. They happen there all the time.  

His plan was to stay with a friend in another mobile home. They expected it to be destroyed too. What was their Plan B? To hang out in a temporary construction trailer! Mobile home lite!

I’m looking at the screen screaming “Are you nuts? Don’t you know hurricanes and tornadoes hate mobile homes?! A tornado will go around an entire town to get at just ONE TRAILER PARK!!”

To a hurricane, mobile homes are tasty little snacks! I know it’s much more complicated than this.  Some people can’t get out for valid reasons — lack of anywhere to go or no vehicle or destitution.

But, for the guy who goes surfing as the hurricane hits, and dies then dies, well …

And, the guy who is kite surfing as the hurricane hits  …

Oh Boy! I’m heading right toward the tornado! Cool!

And, the family on the beach with their kids taking videos of the guy kite surfing …

And, the poor schmuck interviewing them … who I should note has no choice because his idiot news director told him to do it or else …

I hope you all survive Hurricane Darwin the 2nd.

That wasn’t so bad.

I wish Mother Nature could come up with a less catastrophic method of weeding out the gene pool.

Seriously, folks — stay safe!

THE ULTIMATE POWER OF THE WEENIE – By Tom Curley

You can’t use the word “p#rn” on Google because as everyone knows, Google is so carefully-regulated and selective about who publishes on their site, one need never worry about what one might see there. It’s the word, NOT the subject of the writing that is at issue. Do they have any human beings who know how to think in their administration? Or is it all accountants, computers, and software hunting for buzzwords? I am not the only one wondering about this!

There was an interesting article in the news concerning a porn site called xhamster.com I don’t know why it’s called that and I really don’t want to know. They’re in the news because they closed off their website to anybody living in the state of North Carolina.

Why? Because of the harsh, horrible anti-LGBT law they passed. If you log onto their website from anywhere in that state, you get a blank screen.

blank screen
Blank screen for you!

The tone of all the news reports and nightly talk shows was that this was a funny but useless protest. There are thousands of other porn sites where North Carolinians can … well, you know. But, as usual, the mainstream media and the nightly talk shows missed the real story. I am not offering an opinion on the virtues or evils of porn. However, there is a larger truth which is widely known but rarely talked about regarding the porn industry. Porn has been a major driver, financial backer, and early adopter of technological innovation since the beginning. Since forever.

When mankind started drawing on cave walls, I guarantee you some of the first things depicted were people getting some Neanderthal Nookie.

thestar.com.my
thestar.com.my

Porn was very popular in the Middle Ages. Moreover, it utilized some of the earliest encryption technologies. I saw an exhibit in a museum once that showcased one of them. The exhibit consisted of huge tapestries painted with very strange distorted images. You couldn’t tell what they were.

What were they? Porn. The artist would draw the original naughty painting on a regular canvas. He would then look at the painting’s reflection in a cylindrical mirror. The image in the mirror would be all distorted. He would then paint that distorted image onto the tapestry. If you looked at the tapestry the painting made no sense.

anamorphic art
arthit.ru

But. If you looked at the tapestry’s reflection in the same cylindrical mirror the artist used, the image would be reconstructed back to its original form. (“Naughty Knights 5”)

When photography was first invented in the 1800’s one of the earliest subjects was, of course, naked women. Having sex. When the telegraph was invented, telegraph operators were known to spend their off-hours “telegraph sexting”.

I didn’t believe it either.

blog.kaspersky.com
blog.kaspersky.com

OPERATOR ONE: Who you talking to?

OPERATOR TWO: I don’t know, but she sure can dit my dot!

The VCR became popular because porn producers started switching to videotape, abandoning film. Finally, you didn’t have to go to a movie theater for porn. You could “bring it home.”

VHS beat out Betamax because the porn industry chose VHS. Really. No kidding. That’s the way it really happened.

alf.image.com
alf.image.com

Porn money propelled other technologies, too. Online payments, DVDs, streaming video, and two-way internet chat rooms. Virtual Reality headsets were only been available for a few months before there was Virtual Reality Porn.

truvisionvr.com
truvisionvr.com

(I wouldn’t know this personally, but I read a lot).

So here’s the real story that everybody has missed.  One porn site blocked off an entire state. It has been viewed as a symbolic, but mostly useless protest.

What if they all did it?  What if all the porn sites got together and said to North Carolina: “NO PORN FOR YOU!”

no porn for you

I’ll bet you that anti-LGBT law would be overturned in about an hour and a half! Maybe less. Then, the porn industry would realize it’s true power! Imagine, Lysistrata on a national, even a global, scale!

dykiegirl.wordpress.com
dykiegirl.wordpress.com

“You won’t do what we want? NO PORN FOR YOU!” All the porn industry needs to do is come together. Organize.

Organize into a cartel.
A conglomerate
 A Ring.
lotr.wiki.com
lotr.wiki.com

“One ring to rule them all. One ring to find them.

One ring to rule them all and in the darkness bind them.”

Pray they use their power for good.

THIRD HUMAN CASE OF EASTERN EQUINE ENCEPHALITIS (EEE) IN MASSACHUSETTS – CBS NEWS

BOSTON (CBS) – The state’s Department of Public Health has confirmed a third human case of Eastern Equine Encephalitis (EEE), this one from northern Franklin County.


Mosquito spraying in Worcester Country begins today depending on the weather. There will probably be several spraying, again depending on the weather. Avoid going outside at dusk and dawn.

Wear long sleeves, long pants, and use DEET. It can be lethal to humans. Dogs are less likely to get it than people or horses — and when they do, it tends to be milder. It can kill horses as well as llamas and alpacas. There is no human vaccine, but there is a vaccine for horses. This situation will continue until hard frost.

We need a cold winter with less rain.


The latest victim is a man older than 60.

Massachusetts has not seen a human case of EEE since 2011 until this summer when now-three people contracted the virus.

The risk level in the towns of Heath and Colrain in Franklin County has been raised to critical.

A horse in Mendon and a horse in Uxbridge, both towns in Worcester County, have also tested positive for the EEE virus. The risk in those towns has also been raised to critical.

Massachusetts EEE risk levels as of Aug. 19 (WBZ-TV)

The threat caused Mendon to cancel Saturday night’s “Mendonfest” because it’s scheduled during peak biting hours.

“2019 is really turning out to be not just an active year, but a very active year,” said state epidemiologist Dr. Catherine Brown.

Dr. Brown said several factors are contributing including changing temperatures and precipitation along with the shifting types of mosquito species.

“Because we’re seeing an increase in the populations of the mammal biting mosquitoes, we think that might be one of the reasons that the cycle is changing a little bit as well,” Dr. Brown said.

Earlier this week, DPH and the Department of Agricultural Resources said aerial spraying in specific areas of Worcester and Middlesex counties is scheduled to begin Sunday, Aug. 25. As a result of the elevated risk in several communities, the spray zone has been expanded. The additional communities either partially or fully in the spray zone are Blackstone, Douglas, Dudley, Holliston, Hopedale, Mendon, Millville, Oxford, Uxbridge, and Webster.

In total across Massachusetts, there are 23 communities now at critical risk, 22 at high risk and 52 at moderate risk for the EEE virus. So far, EEE has been found in 330 mosquito samples this year, many of them from species that can spread the virus to humans.

EEE symptoms can range from a stiff neck, headache, and lack of energy to dangerous complications like inflammation and swelling of the brain.

The risk of EEE will remain until the first killing frost.

Aren’t we glad that climate change is a myth?