Sunday, July 8, 2012
Experimenting -- Am I or Am I Not?
Friday, July 6, 2012
Dawg Days of Summer
Wednesday, April 11, 2012
Zimmerman's Attorneys
Having been an attorney for over 25 years now, I have a great deal of sympathy for what George Zimmerman’s attorneys are going through.
Zimmerman, you may recall, is the self-appointed neighborhood watch captain involved in the shooting of 17 year old Treyvon Martin in Sanford, Florida.
Zimmerman’s attorneys, who are fairly high-profile criminal lawyers, are to be commended for taking a case that is incredibly unpopular. Everyone, regardless of how morally repulsive they may be, is entitled to competent legal representation in this country. It always amazes me how otherwise educated and intelligent people fail to recognize that this is one of the foundational concepts of our country.
John Adams, the second President of the United States, recognized this early on and represented 8 British soldiers involved in shooting into a crowd and killing civilians in the “Boston Massacre”.
http://mnbenchbar.com/2011/04/a-proud-tradition-representing-the-%E2%80%9Cunpopular-cause%E2%80%9D/
I appreciate attorneys who take on unpopular cases because it’s the “right” thing to do, like Atticus Finch in “To Kill a Mockingbird.” When they do it without any fee, like the lawyers for Zimmerman did, it’s even more noble to some extent. At the very least, it’s a personal sacrifice.
The problem is that no good deed goes unpunished, especially if you have a client who seems inclined to “go rogue” anyhow. Lots of times there are signs that you can watch for in clients that will let you know they’re going to be difficult in that regard.
Things like refusing to keep appointments, or fill out paperwork or provide necessary details to the lawyer. Calling the other side (or their lawyer) to try to negotiate around their attorney is a big ol’ red flag, too. Every lawyer has had either the nightmare about or the actual experience of learning some damning fact about their client from the witness stand, in front of the jury and judge and the client then trying to justify their failure to disclose.
“Yeah, DSS took my first two kids away. Why, was that important?”
“But that happened a long time ago; it’s been almost 3 months since that DUI.”
“We ‘self-divorced’ in another state. I can’t remember which one. I’m sure it’s recognized here, though.”
“Oh, yeah. I was convicted of that before. Did I forget to tell you?”
If you start denying representation to the ugly people, it’s a short step to denying legal assistance to those with whom the majority – or a vocal minority – simply disagree. Whether we like it or not, that disagreement and debate is one of the things that pushes society and ideas forward. It’s too important to risk limiting it.
Zimmerman’s attorneys realized they had the start of a problem when he stopped responding to telephone calls, texts, etc. Then they got word that he had set up a web site, contacted a talk show to arrange an interview, and was trying to call the Special Prosecutor to discuss the situation directly with her.
These are the kind of things that promote substance abuse among those in my profession.
When the lawyers are trying to control the message in the media for damage control purposes – especially in a case where your client is so unpopular that he’s had to go into hiding in another state because of the death threats – the last thing you want to hear is that he’s set up an interactive website and is making arrangements to go on a talk show.
Especially when that client has quit taking your calls.
So they did what any responsible attorney would do. The withdrew.
For those that don’t know, withdrawing from representing someone in a legal matter is often not just a matter of telling your client “I quit” (especially when you can’t get the client on the phone). You may have to ask the Court for permission (whether you’ve been paid or not), and have to take steps to make sure that the client isn’t prejudiced by the action, or that he or she has had ample opportunity to protect themselves before you leave. It can take hours to get out of a case that took only seconds to get into.
So my sympathy for Zimmerman, which admittedly wasn’t much before, is a bit less today. He had good lawyers who were trying to help him and chose to ignore their advice. Now things are going to get very interesting. The fact that his own lawyers can’t find him mean that he’s likely to be considered a significant flight risk if charges are actually filed. If that’s the case, bail, if it’s offered at all, will be significantly higher than it would have been otherwise. His court-mandated leash is likely to be quite a bit shorter than it might have been otherwise.
George Zimmerman, like many defendants, has probably failed to realize that his own credibility is pretty minimal and the Courts rely on the ability of the lawyers to handle their clients appropriately. He also doesn’t recognize just how valuable that “free” representation he was getting was worth. Smaller firms likely couldn’t even begin to take on a case of this magnitude, just because it shuts you down from too many other clients. They certainly couldn’t do it for free and a larger firm could easily require a retainer well into 6 figures just to begin to start a case like this.
Noble causes are one thing, but the bills still have to be paid.
So George’s life is likely to change in a lot of ways, all of them somewhat “unintended consequences” of his determination that he knows better than anyone else how to handle a situation, to appoint himself as neighborhood watch captain, to carry a gun and then to follow Treyvon Martin despite instructions from the 911 operator to the contrary.
And regardless of his guilt or innocence, or even the specific details of the interaction between him and a 17 year old African-American male, he may now find that his refusal to follow directions from people with more experience and knowledge than he has may come back to haunt him.
Maybe it’s my personal prejudice, but my sympathy lies with his lawyers who were trying to do the right thing by their training and profession and help their client. Because every time something like this happens, it makes another tiny cut and produces a bit more scar tissue in the already jaded outlook that many lawyers have, and the next person who comes along and needs quality representation, but can’t afford to pay for it, may not get it because George has already burned that bridge.
Sunday, February 5, 2012
Silhouettes on a Winter's Evening
You can watch it here (if the link changes as we anticipate when it's made public, I will revise it here...)
http://www.youtube.com/watch?v=t_3xiqWrm8A
Tuesday, January 31, 2012
My Friend Annette
For some of us, the sun shone a little less brightly yesterday.
I got an email telling me that my dear friend, Annette Briley, had finally lost her battle to Lupus and Cancer. I can’t say that it was a real surprise, as I hadn’t heard from her in weeks and happened to think over the weekend that I needed to call and rag her about it.
Annette had a 20 year history of imposing “radio silence” on me whenever her health was in decline. I suspected that the lack of communication was a portent of what was soon to come.
Annette was one of those people that I met and with whom I instantly bonded. When we were first introduced in 1993, the year I moved to Lawton, Oklahoma, she became the caregiver for my parrots when I was out of town. From the start we could look each other straight in the eye and say what needed to be said, although I had to learn that role.
Annette and I seemed prone to adventure. We would start out on a day trip to Wichita Falls, TX, a mere 50 miles away, and return 12 hours later, 800 miles on the truck odometer and in great spirits. We used to joke that we’d drive 200 miles out of our way just to see the “world’s largest ball of string.”
Lupus is a cruel disease, sapping the energy from vibrant individuals. There were times that we’d be scheduled to go off for the day and she’d call to say she simply didn’t feel up to it. The first couple of times I let her get by with it. Then one day her husband, Richard, took me aside and said, “You know, when she says she’s too tired she really just needs someone to kick her butt to make her go. I have to live here and obviously can’t be the one to do that. You, however. . . . .”
That was it. I understood my charge and the next time she said she wasn’t up to the trip I told her I didn’t want to hear it and that she needed to be ready in an hour, lest I come over, select her wardrobe and draw her makeup on myself.
To a classy lady such as Annette, this was a serious threat. Her demand was that I have coffee with me when I arrived, and she’d get in the truck, grumbling and snarling for a good 5 minutes before she was over it. As the disease progressed we had to make some accomodations.
I always drove.
She sometimes napped in the afternoon, regardless of where we were. This wasn’t that big of a deal, though, since we’d been caught asleep in a parking lot or rest area after lunch if it’d been a particularly long day.
But it was always rejuvenating to be with her.
Annette’s husband, Richard, was a Lawton police officer and was a great guy, too. They had a wonderful relationship with a dance they did that simply astounded me the first time I saw it.
Richard came in one evening and she looked him dead in the eye and said, “Oh, good, you’re home. You’re going fishing / hunting / camping for a few days. I’ve already cleared the time off with the PD. Call me on Wednesday to see if you’re back on the schedule or not.”
Richard, recognizing that absence makes the heart grow fonder and the value of “separate time” for all couples, never blinked an eye. He knew that his opportunity would come in the future to look over his newspaper and ask, “When was the last time you went to Arkansas to visit your mom?” which was her clue to “un-ass the area” as Richard said.
A few years ago, Annette was struck with breast cancer on top of the Lupus. While I know there were times that she must have despaired, she rarely let it show to anyone else. Ever the voluptuous woman with a figure straight out of a Renaissance painting, the chemo and other treatments brought on significant weight loss.
Last time we talked, she laughingly told me that she now weighed roughly what her boobs did just a few years ago. “On the bright side, I can fit back into my prom dress from 1966, except this time I don’t have to stuff the bosom. This time I can just roll those puppies up where they’ve flattened out and tuck ‘em in. Instant 36D’s.”
Last time I saw her, I had to sneak up unannounced. She’d been dodging me for months and I’d decided it was time to force my way in when I was back in Oklahoma visiting, whether she liked it or not. I knew that she was dragging around an IV pole, mainlining antibiotics for several months because of some infection that simply wouldn’t go away. I suspected that she looked like hell and was sealing herself off from everyone, but if those who love you can’t see you at your worst and still love you, what’s the point?
Her daughter (who didn’t really know who I was) answered the door. When I asked to see Annette, she said that she wasn’t feeling well and seemed to think I was going to go away. I insisted, and finally asked if she’d give her mom my calling card.
Then I handed her a pound of butter.
You see, Annette had a bigger butter thing goin’ on than Paula Deen. She had at one point sent me to the store to bring back 5 pounds of butter, “just in case” because she thought she might do a bit of cooking that weekend.
I heard the laugh from her bedroom when her daughter gave it to her and we had our last meal together -- Annette, her daughter, our friend Lori and me. We got take-out from Wayne’s Drive In, a Lawton institution dating back to Annette’s childhood and purveyor of such delicacies as Frito Pie, Cheeseburgers, fried pickles and Cherry Vanilla Dr. Pepper, all of us sitting on her living room floor.
It was some of the finest dining I’ve ever done, and I wish we could do it again.
I wish her well on her journey to Richard, a Vietnam veteran and Lawton Police Officer who passed in 2007, his own cancer likely attributable to encounters with Agent Orange. I suspect, even though she died on Sunday, she hasn’t gotten there yet, though.
After all, in the great expanse of the Universe there must be even bigger “balls of string” to visit and see before you finally decide to call it a day and head home.
I hope that she has a hell of a journey, with all the detours she wants.
http://www.grayfuneral.com/CurrentObituary.aspx?did=34f83dd1-7d67-41ea-a3e1-3e4158947643
Monday, January 30, 2012
Spring Cleaning
I am gonna make “insert name of impossibly complicated dish here” with that.
There are starving children in China who will go to bed hungry if we waste that.
I suspect the next chapter of the cleaning saga will go to the other extreme, attacking items with a much shorter life-span than some of the foodstuff in the pantry, as we have two separate closets with a variety of electronic gadgets in them, including a huge tangle of charging adapters of uncertain provenance that seem to have crossed species and interbred in the darkness of their environment.
Sunday, January 29, 2012
Stitch's Birthday
Last Sunday was a special day in our family.
Our little boy is turning one, and it’s hard to believe that he’s only been with us for a few months.
That’s how completely he’s taken over. He thinks that everyone who comes to the house is here to see him. Same for everyone who happens to be anywhere else that I take him – the dry cleaners, the bank, Lowe’s Hardware – it’s really surprising how many places are dog-friendly when you start to look around.
Other than food-service places and the cable company, nobody seems to think much about it. Maybe it’s because he’s cute. Maybe it’s because he’s not so huge that he scares people, or that he’s fairly well behaved (we’re still working on how to greet someone without jumping).
So he’s now my constant companion. He’s in the office when I’m at work, occasionally comes to the courthouse with me (although we sneak in through the back door to visit the people in the clerk’s office) and is VERY disappointed when I leave him locked in the kitchen alone.
Most of the time, if it’s not too early, Martin has come down to get him so that he and his brother Yoko can go for a walk. Then they spend a lot of the day together, often going to the park to play if the weather is good.
So things have changed during the last year. We’ve got a plastic scraper
and a squirt bottle of vinegar water sitting around most of the time, just in case of “accidents”.
Although it seems as though they are more “on purpose” than “accidents” any more.
I wish that we’d bought stock in a paper towel company. We’d be rich.
Like a little kid, it often doesn’t occur to him (or big brother Yoko, although he’s getting better) to tell someone that he’s got to go potty until it’s too late. Thus, the phrase becomes, “I have to go potty – never mind,” all being uttered before I can make it out of the chair, much less to put on my shoes and get the leash and other accessories that are required for every trip outdoors.
The other habit that we’re trying to break relates to those accidents, and this is really disgusting, is how the boy tries to hide the “evidence”, which is really hard if you don’t have hands. Or paper towels. Or cleaning fluid.
It kinda limits your options to – well, your mouth.
Let’s remember who in the house can and cannot brush their teeth.
This is one of those things that calls for parental intervention, so after a bit of research we ended up with a bottle of pills that are designed to make one’s poop taste bad.
Let’s think about that one – I don’t even want to know what is in them that could possible make sh*t taste worse than it undoubtedly already does.
Things are getting better, though, and the activity seems to be on the wane. Until we’re absolutely sure, though, we’ll stick to hugs instead of kisses.
When the reality of becoming parents of a full-time four-legged child (in addition to our foster-care of Martin’s pug-child, Yoko), we were determined not to become “those” people – the ones who talk incessantly about their dog child, gushing on and on about what little Fifi did and, of course, whipping out photographs with the least provocation.
That lasted about a week.
Days are now planned around the puppy’s needs. He doesn’t understand the concept of “weekend” and “sleeping in” although he’s happy to climb up on my lap and spend the morning there. Martin keeps him when we go out in the evening or on the weekend, or away for a few days.
But I can’t imagine what life would be like without him any more.
And you don't have to ask me twice to get me to drag out the phone full of pictures.