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So far today, I have gone down to the Farmer's Market, where I got some lovely blackberries and a basil plant. Maddie got to tag along, so she has had her exercise for the day.
Soon I will be headed to Home Depot to pick out some plants to put in my front yard. In a fit about 3 weeks ago, after the painting of my house was all done, I pulled out the nasty, ugly bushes that were my front landscaping. I hated those bushes. But I haven't had time to really think about what to put in their place. So today, I will look and perhaps even buy.
Then I might wander downtown to pick out a new pair of jeans to wear to the bachelorette party I am going to tonight.
Do you notice what is NOT on my to do list? That's right, boys and girls. Sarah will not be doing one lick of work on this fine Saturday. I will not think about my case. I will not look up one thing on Westlaw. I will not make any notes to myself. And I can do all my fun things without feeling the least bit guilty about not doing work. (For the past month or two, any spare time I spent doing something other than work was slightly spoiled by the nagging sense that I should be working.) The soul-crushing workload is no longer soul-crushing. It is, in fact, almost completely done. And what little remains for me to do on it can wait until Sunday.
So yay, Saturday!
Saturday, July 11, 2009
Monday, July 6, 2009
Sarah's life in the last week
work work work work coffee work work work work work Kraft Mac & Cheese work work work nap work work throw orange squeaky ball work work work Wimbledon work work work work yell at poor dog for barking work work work more coffee work work work Taco Bell work work work feel bad about yelling at and not playing with poor dog work work work web surfing on possibility of coffee IV work work work cry work work work work cherry coke zero work work work splash of Jack added to cherry coke zero work work work give dog away for afternoon work workwork panic work work cry about giving dog away work workwork realize problem that was source of panic is not a problem work work work epiphany work work realize epiphany is a load of crap work work work
That pretty much sums it up.
One more week to go. Next Tuesday, around 5:00, it'll all be done. And I'm going to get rip-roaring drunk. Unless I fall asleep before I get to the bar. And then I'm taking 3 days off. I may have other piles of work to catch up on, but they can wait until the following Monday. Cleaning my kitchen cannot.
That pretty much sums it up.
One more week to go. Next Tuesday, around 5:00, it'll all be done. And I'm going to get rip-roaring drunk. Unless I fall asleep before I get to the bar. And then I'm taking 3 days off. I may have other piles of work to catch up on, but they can wait until the following Monday. Cleaning my kitchen cannot.
Saturday, July 4, 2009
Securing the Blessings of Liberty
Preamble to the United States Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
"I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." James Madison, Speech in the Virginia Convention, June 16, 1788
And, of course, the Declaration of Independence.
These are the words that stir me to action, have always stirred me. I was always a Constitutional era history junkie. In high school, I knew the Constitution almost by heart. I would have told you James Madison was my hero (with a nod to John Marshall and Thurgood Marshall). I took every constitutional law class I could in college, where I majored in political science, with an emphasis on American political theory.
I have always said the flag doesn't do much for me. It's just a piece of fabric. And I have to admit, I really hate the song "God Bless America". But if they displayed the Bill of Rights or read from the Declaration of Independence at every sporting event, I would happily rise and place my hand over my heart. Those words are the way to my patriotic heart.
So, what better job is there for a Constitution-lovin' fool than Public Defender? How else could I go to work every day with the purpose of defending the Constitution? I get to go to work every day and give effect to those glorious words and I get to protect those rights for which revolutionaries fought and died. I get to protect all citizens against abuses of government, like the imprisonment of government critics, entries by government into citizens' homes, the falsifying of affidavits to convict persons for political reasons, the denial of liberty without due process of law. I don't see myself as just a lawyer; I see myself as continuing the mission begun by those who fought the revolution and drafted the Bill of Rights. I do my best to keep the government honest against those gradual and silent encroachments James Madison warned us about.
I give you, then, a new way to look at the public defender. Not as a lazy lawyer, a public pretender, or someone who couldn't get a "real" law job. Look at this public defender as this: a true patriot.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging 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.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
"I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power than by violent and sudden usurpations." James Madison, Speech in the Virginia Convention, June 16, 1788
And, of course, the Declaration of Independence.
These are the words that stir me to action, have always stirred me. I was always a Constitutional era history junkie. In high school, I knew the Constitution almost by heart. I would have told you James Madison was my hero (with a nod to John Marshall and Thurgood Marshall). I took every constitutional law class I could in college, where I majored in political science, with an emphasis on American political theory.
I have always said the flag doesn't do much for me. It's just a piece of fabric. And I have to admit, I really hate the song "God Bless America". But if they displayed the Bill of Rights or read from the Declaration of Independence at every sporting event, I would happily rise and place my hand over my heart. Those words are the way to my patriotic heart.
So, what better job is there for a Constitution-lovin' fool than Public Defender? How else could I go to work every day with the purpose of defending the Constitution? I get to go to work every day and give effect to those glorious words and I get to protect those rights for which revolutionaries fought and died. I get to protect all citizens against abuses of government, like the imprisonment of government critics, entries by government into citizens' homes, the falsifying of affidavits to convict persons for political reasons, the denial of liberty without due process of law. I don't see myself as just a lawyer; I see myself as continuing the mission begun by those who fought the revolution and drafted the Bill of Rights. I do my best to keep the government honest against those gradual and silent encroachments James Madison warned us about.
I give you, then, a new way to look at the public defender. Not as a lazy lawyer, a public pretender, or someone who couldn't get a "real" law job. Look at this public defender as this: a true patriot.
Thursday, July 2, 2009
Being mean is not a crime - it's just mean
It's only been 7 months since Lori Drew was convicted by a jury of 3 misdemeanor counts of accessing a computer without authorization. This is the Myspace hoax case from Missouri where a 13 year-old girl committed suicide after being virtually dumped by a boy she had met online. Of course, the "boy" turned out to be a middle-aged woman, mother of the girl's former friend, and the woman's assistant. Remember that the state prosecutors in Missouri looked into the case but determined that even though they heartily disapproved of what Drew had done, her behavior did not actually violate any criminal statute.
So federal prosecutors swooped in and charged her with these cyber crimes that were written to criminalize various types of computer hacking. But the feds argued that because Drew made up a fake profile on Myspace, thereby violating the Myspace terms of service, she had illegally accessed the Myspace servers. It was a reckless, dangerous prosecution aimed only at punishing this one woman but that could potentially have had wide-spread consequences. The plain truth is that most of us probably violate the terms of service of many of the websites we visit, often without really realizing it. That conduct is not what the statutes Lori Drew was charged under were designed to criminalize.
Many people who followed the case believed all along that the judge always knew the prosecution could not result in conviction but was reluctant to have to bear the brunt of public anger if he let this cyber-bully off. So when the defense filed motions to dismiss, he hemmed and hawed. He let it go to a jury verdict. Then, when the verdicts finally came down last November, he took the defense motions for dismissal and judgment notwithstanding the verdict under advisement. It is totally within a judge's authority to set aside a jury's guilty verdict and enter his/her own judgment of acquittal. It seemed clear that Judge Wu knew he really did have to do this, but he just didn't want to.
Well, he finally set aside those convictions today. At least tentatively. (Seriously, Judge Wu, make a firm decision and stick with it! Stop pussy-footing around.)
This is the right thing to do. Judge Wu is absolutely correct to interpret the statute to exclude violating a website's terms of service. Lori Drew's conduct, while reprehensible and mean, was simply not criminal. The girl's parents can sue her in civil court. That was always the only court that ever should have had anything to do with this case.
So I applaud Judge Wu's decision. Tentatively. I'll save my full applause until he puts his decision in writing.
So federal prosecutors swooped in and charged her with these cyber crimes that were written to criminalize various types of computer hacking. But the feds argued that because Drew made up a fake profile on Myspace, thereby violating the Myspace terms of service, she had illegally accessed the Myspace servers. It was a reckless, dangerous prosecution aimed only at punishing this one woman but that could potentially have had wide-spread consequences. The plain truth is that most of us probably violate the terms of service of many of the websites we visit, often without really realizing it. That conduct is not what the statutes Lori Drew was charged under were designed to criminalize.
Many people who followed the case believed all along that the judge always knew the prosecution could not result in conviction but was reluctant to have to bear the brunt of public anger if he let this cyber-bully off. So when the defense filed motions to dismiss, he hemmed and hawed. He let it go to a jury verdict. Then, when the verdicts finally came down last November, he took the defense motions for dismissal and judgment notwithstanding the verdict under advisement. It is totally within a judge's authority to set aside a jury's guilty verdict and enter his/her own judgment of acquittal. It seemed clear that Judge Wu knew he really did have to do this, but he just didn't want to.
Well, he finally set aside those convictions today. At least tentatively. (Seriously, Judge Wu, make a firm decision and stick with it! Stop pussy-footing around.)
This is the right thing to do. Judge Wu is absolutely correct to interpret the statute to exclude violating a website's terms of service. Lori Drew's conduct, while reprehensible and mean, was simply not criminal. The girl's parents can sue her in civil court. That was always the only court that ever should have had anything to do with this case.
So I applaud Judge Wu's decision. Tentatively. I'll save my full applause until he puts his decision in writing.
As another reminder that merely being charged with a crime is a major problem, I have been checking out some of the websites that offer criminal background information. These websites offer some free information, but mostly they offer a paid service. The free information I found was enough to convince me that particular website is reckless and irresponsible with its criminal background "information".
As a test, I looked up individuals that I knew had been wrongly charged with some serious charges. In one case, the complaining witness has since been charged with crimes for fabricating the charges against an innocent man. The details of her story proved impossible and she was ultimately caught on tape admitting that she had made it all up in an extortion effort. The fake charges were dismissed with prejudice, which is a big deal in law world because that means the charge is completely done and cannot be revived. Usually, a charge is dismissed without prejudice, so when the judge dismisses with prejudice, it's a true exoneration of the defendant or a total condemnation of the state's actions. In this particular case, it was truly an exoneration.
And yet, according to this website that offers free criminal background information, this individual has 4 very serious charges outstanding. There is a spot in their records for a disposition of the case, but in this case, the records indicate the charges are "not disposed". The website also kindly offers the source of the information. If you click on the link, a pop-up box appears that says if you object to the information listed here, take it up with the source. But, no, the website doesn't offer the contact information for any of those sources.
So this website trolls county clerk's offices for charging information, but we now know they are not following up. If they were, they would have either removed this man's record altogether or they would at least have indicated the charges were dismissed. But as it is, well-meaning people who want to check up on this man will find out about these serious allegations without any idea of how false those allegations were.
Just one more reminder that police and prosecutors need to be very careful with their charging decisions. These things can follow even innocent, exonerated people for a long, long time.
As a test, I looked up individuals that I knew had been wrongly charged with some serious charges. In one case, the complaining witness has since been charged with crimes for fabricating the charges against an innocent man. The details of her story proved impossible and she was ultimately caught on tape admitting that she had made it all up in an extortion effort. The fake charges were dismissed with prejudice, which is a big deal in law world because that means the charge is completely done and cannot be revived. Usually, a charge is dismissed without prejudice, so when the judge dismisses with prejudice, it's a true exoneration of the defendant or a total condemnation of the state's actions. In this particular case, it was truly an exoneration.
And yet, according to this website that offers free criminal background information, this individual has 4 very serious charges outstanding. There is a spot in their records for a disposition of the case, but in this case, the records indicate the charges are "not disposed". The website also kindly offers the source of the information. If you click on the link, a pop-up box appears that says if you object to the information listed here, take it up with the source. But, no, the website doesn't offer the contact information for any of those sources.
So this website trolls county clerk's offices for charging information, but we now know they are not following up. If they were, they would have either removed this man's record altogether or they would at least have indicated the charges were dismissed. But as it is, well-meaning people who want to check up on this man will find out about these serious allegations without any idea of how false those allegations were.
Just one more reminder that police and prosecutors need to be very careful with their charging decisions. These things can follow even innocent, exonerated people for a long, long time.
Wednesday, July 1, 2009
The Ledge
There is not enough money in this world to get me to climb on to one of those balconies at the Sears Tower. Have you seen them? Glass boxes that jut out from the building on the 103rd floor. Little observation booths, made entirely of glass. There's nothing between you and the ground below except for a floor of glass that's an inch and a half thick.
Just looking at other people standing on them gives me the chills. I'm not sure I would even get out of the elevator on the floor with those balconies, that's how far away from them I want to stay. (See, wind currents in these tall, tall buildings can be funny things, so what if some weird gust of wind blew me on to one of those ledges? It's really safest just to avoid the 103rd floor entirely.)
How about you? Would you have the nerve to step out onto that glass floor 103 stories up? Or will you be joining me in Chickenville?
Just looking at other people standing on them gives me the chills. I'm not sure I would even get out of the elevator on the floor with those balconies, that's how far away from them I want to stay. (See, wind currents in these tall, tall buildings can be funny things, so what if some weird gust of wind blew me on to one of those ledges? It's really safest just to avoid the 103rd floor entirely.)
How about you? Would you have the nerve to step out onto that glass floor 103 stories up? Or will you be joining me in Chickenville?
Don't Ask, Just Tell
I never expected to agree with everything President Obama did or said, but there is one way in which I have been highly disappointed. He promised to repeal Don't Ask, Don't Tell. Now, he's claiming he doesn't have the power. The Commander in Chief doesn't have the executive authority to issue an order that gays can serve in the military? I'm not really buying that.
Today I learned that Defense Secretary Robert Gates is outlining ways to make Don't Ask, Don't Tell more "humane" by enforcing it selectively.
Mr. President, Mr. Secretary, I have to call BS on that. There is no way to make a ridiculously, blatantly discriminatory policy "humane". Discrimination can never be humane.
I get the idea that maybe they're just trying to ease the military into accepting openly-gay service members. But it's crap. We can't just coddle the people who hold discriminatory views and hold their hands until they get over their prejudice, all the while allowing them to continue discriminating because they're just not quite ready to be fair and open-minded yet. Discriminating against gays simply because they're gay is wrong and it needs to stop, whether the military likes it or not.
It's time for someone with power to stand up and say it that plainly. It's time for the Commander in Chief to, you know, command. I'm looking at you, President Obama.
Today I learned that Defense Secretary Robert Gates is outlining ways to make Don't Ask, Don't Tell more "humane" by enforcing it selectively.
Mr. President, Mr. Secretary, I have to call BS on that. There is no way to make a ridiculously, blatantly discriminatory policy "humane". Discrimination can never be humane.
I get the idea that maybe they're just trying to ease the military into accepting openly-gay service members. But it's crap. We can't just coddle the people who hold discriminatory views and hold their hands until they get over their prejudice, all the while allowing them to continue discriminating because they're just not quite ready to be fair and open-minded yet. Discriminating against gays simply because they're gay is wrong and it needs to stop, whether the military likes it or not.
It's time for someone with power to stand up and say it that plainly. It's time for the Commander in Chief to, you know, command. I'm looking at you, President Obama.
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