Brazos Valley Defense

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Archive for the ‘Misc’ Category

Bücher verbrannt, um die Kinder

Posted by Kramer on July 22, 2009

Roughly translated, “burning books to save the children”.

Some citizens of West Bend, Wisconsin are looking to have themselves and old-fashioned book burning.  No, there’s not some new Harry Potter book turning the kids into devil-worshipers.  Instead, there’s books in the young-adult section that are explicit, and someone of them even are even “gay-affirming.”  Oh, the horror!

The strife began in February when West Bend couple Jim and Ginny Maziarka objected to some of the content in the city library’s young-adult section. They later petitioned the library board to move any sexually explicit books — the definition of which would be debated — from the young-adult section to the adult section and to label them as sexually explicit.

Ginny Maziarka, 49, said the books in the section of the library aimed at children aged 12 to 18 included homosexual and heterosexual content she thought was inappropriate for youths.

She and her husband also asked the library to obtain books about homosexuality that affirmed heterosexuality, such as titles written by “ex-gays,” Maziarka said.

“All the books in the young-adult zone that deal with homosexuality are gay-affirming. That’s not balance,” she said.

Naturally, the library didn’t necessarily appreciate it when Jim and Ginny Maziarka (who will be referred to as Ned and Maude Flanders for the rest of this post) telling them how to do their jobs and refused to move the books.

The library did not agree with the Maziarkas’ suggestions, and the couple appealed to the library board. Ginny Maziarka, a mother of four, began blogging about the issue and the local newspaper picked up the dispute, sparking the opposition.

By the time the library board met on June 2, each side had collected more than 1,000 signatures backing their position. Dozens of residents spoke at the meeting before the board — still including the outgoing members — unanimously voted to keep all policies the same.

The demand to move the books was always going to be problematic because no authority has determined that any of the titles are pornographic or obscene, Tyree said.

OK, so Ned and Maude didn’t get their way.  You’d think that would be the end of it, right?  Wrong.

Outside West Bend, the fight caught the attention of Robert Braun, who, with three other Milwaukee-area men, filed a claim against West Bend calling for one of the library’s books to be publicly burned, along with financial damages.

The four plaintiffs — who describe themselves as “elderly” in their complaint — claim their “mental and emotional well-being was damaged by [the] book at the library.”

The claim, unconnected to the Maziarkas, says the book “Baby Be-bop” — a fictional piece about a homosexual teenager — is “explicitly vulgar, racial and anti-Christian.”

Braun, who says he is president of a Milwaukee group called the Christian Civil Liberties Union, said he singled out the book because it “goes way over the line” with offensive language and descriptions of sex acts.

Now we’ve really gone down the rabbit hole.  It’s one thing when Ned and Maude get upset and stir up some fuss with the library.  But now we’ve got a group of people suing for $120,000.  That’s $30,000 for each of these crazy old bats that saw the book in a library display.  But I’m guessing for the CCLU, it’s not the money, it’s the principle.  And that principle is burning books you don’t like.

That’s right.  You just watched this man advocate that people go to the library and either rip the books in half right there, or check them out so that they may take them home and burn them.

Here’s what I find so incredibly frustrating people like Ned, Maude, and Crazy Old Mr. Braun.  They want to to censor what they don’t like in the name of keeping everyone else safe.  That somehow these self-appointed arbiters of everything that is just and moral know what’s best for all 30,000 people in West Best, WI.  They go get everyone riled up, cause all sorts of trouble such as costing four library board members their positions for not bowing down to the Mob Of All That Is Moral.  But then they have the balls to go and say something like this:

“We want parents to decide whether they want their children to have access to these books … and we want the library’s help in identifying [them through labeling and moving],” Maziarka said. “It’s just common sense.”

Whoa there, Maude.  You can’t advocate moving books around that you don’t approve of, and then turn around and say you want parents to decide whether or not their children have access to the books.  Especially when you’re the one who indirectly brought the book burners to West Bend.  Here’s the deal, if parents in West Bend, or anywhere else don’t want their kids to read such books, that’s up to them.  It’s not your job to decide what’s appropriate for everyone else in town.

And the greatest irony of them all, if someone tried to force Maude to take down her blog, or tried to cut off Crazy Old Mr. Braun’s microphone, you know they would be crying censorship until they were blue in face.

But when they’re doing the censoring, it’s OK.  Especially if it’s for the children.

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A New Dillinger?

Posted by Kramer on July 18, 2009

I always enjoy a good gangster movie, so I went and saw Public Enemies last night.  I’m also in the middle of the book.  The book is excellent so far, but it suffers the same problem Manhunt (another otherwise great book) did.  There are a lot of people and it can get tough to keep track of everyone.

The movie does a good job of taking a book that covers the lives and crimes of five criminal gangs (John Dillinger, Baby Face Nelson, Pretty Boy Floyd, Barker-Karpis, and Bonnie & Clyde) and paring it down to a two hour movie.  Dillinger is the main focus of the movie, and Johnny Depp does a great job.  Floyd and Karpis make brief appearances, Nelson shows up at the end of the movie, and Bonnie & Clyde aren’t even mentioned.

Where the movie fails is it doesn’t give you the context in which these bank robbers existed and why they were so popular.  I don’t know if Director Michael Mann just assumes everyone knows about the Great Depression and that the banks and bankers weren’t exactly popular among the masses.  Or, maybe as others have suggested, the director is not a guy who bothers with context or backstory.  He puts you in the lives of the characters and you follow them.

Which lead me to my thought for the day.  Could we have another John Dillinger?  Not just another bank robbery, but one that’s well known and something of a folk hero.

If it was going to happen, today would be the perfect time period for it.  Banks and bankers might even be less popular than lawyers now.  If someone came it and said they were robbing the banks as a way to strike a blow for the common man, it would probably resonate with a lot of people.

That being said, they probably wouldn’t even last as long as Dillinger did.  Banks and law enforcement are more sophisticated.  A high enough reward would probably get him ratted out.

If anyone is reading, do you think we could ever have enough folk hero/bank robber again?

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Generation Y: An Explantion

Posted by Kramer on June 3, 2009

Generation Y has a bad rap in the workplace these days.  We’re lazy, don’t want to show up on time or actually do any work, and we expect to have the corner office from the day we walk in the door.  And if law is your chosen field, you can’t really do that.  Over at his fine blog, Simple Justice, Scott Greenfield took issue with Gen Y lawyer and blogger Adrian Dayton, that Gen Y isn’t really lazy, we just want our work to actually have a point.

Despite being a member of what Mr. Greenfield has dubbed the “Slackoisie”, I actually find myself agreeing more with him than I do with Adrian, at least on the issue of showing up and doing your job.

First off, there’s a reason it’s called “work” and not “fun”.  How many people can actually say their job is fun?  Rock stars?  That’s probably about it.  We’d all like to do something fun for a living.  I’d like to play center field for the Detroit Tigers.  And be a rock star in the off-season.  But that’s not going to happen.  I enjoy being an attorney.  It beats doing a lot of other jobs, but I wouldn’t say it’s fun.

Second, as far as your work meaning something, Adrian takes issue with the idea of “face time”.  A BigLaw concept where you arrive early, stay late, and come in on the weeks simply so you can be seen by the right people.  At least I think that’s how it goes.  No one wants to do this, especially if you’re only there for the sake of being there.

Now, Adrian is right that my generation wants our work to mean something and have fun while doing it.  But that’s not limited to just my g-g-g-generation.  We all want our work to mean something.  We only get a short amount of time on this planet, no one wants to be staring at the Grim Reaper and realize you’ve wasted your life.

But as attorneys, everything we do means something.  Much of it is probably inconsequential in a cosmic view, but it means a hell of a lot to our clients.  Take my jury trial that I blogged about a couple weeks ago.  In the whole scheme of things, was that one not guilty verdict that significant?  Of course not.  I didn’t make the paper, no one asked for my autograph.  But for my client, that trial meant A LOT.  And that gave my work meaning.

And Mr. Greenfield is right about one other thing too.  This is the law, our job is to advocate for our clients and essentially put their life over ours in terms of priority.  Maybe it’s different when you’re doing contract or IP work.  But criminal defense requires you to be ready at all hours, your clients don’t always keep a 9:00 – 5:00 schedule.

Here’s the bottom line.  Generation Y, we aren’t making the rules.  The day will come, sooner rather than later that the Baby Boomers in the nursing homes draining Social Security.  At that point, we can outlaw face time and establish a better work-life balance.  But as long as the people who are giving you six-figures straight out of law school want face time.  You better be there bright and early.  And considering the number of BigLaw layoffs this year, it probably wouldn’t hurt to have a smile on your face as well.  If you don’t like it, tough.  There’s a whole group of third years and laid off associates that would love your job.

That being said, the problem I see with the Boomers is that they really don’t understand Gen Y.  Or maybe they just don’t care.  But there’s a reason we turned out the way we did.

Baby.  Boomer.  Parents.

You made us.  You can’t make Frankenstein’s monster and then complain when he terrorizes the village.  It doesn’t work that way.  If you want to rail on my generation for being lazy, selfish, and unmotivated, you need to accept responsibility that you created us.  I don’t believe that all this self-centeredness we’re accused of was what the Boomer parents had in mind.  But we’re not to blame for the everyone-is-special, everyone-gets-a-trophy mentality.  We’re (unfortunately) the ones continuing this way of thinking, but it didn’t start with us.

Should we have grown up and lost the sense of entitlement when we hit 13, or 15, or 18?  Yes.  But that’s how we were raised.  How are you just supposed to flip the switch and go from being constantly reaffirmed that you’re special, to taking your card and standing in line, feeling like a number instead of a person?  At some point we need to learn that the world does not care one bit about how special we are.  Probably something we should have been taught since the beginning.

Adrian is right that we’re not completely motivated by money.  I like money, I just need enough to live.  And just as Judge Sotomayor can speak of her experiences as a wise Latina from the Bronx, I can speak as a white-middle class guy originally from the Rust Belt.  Where I’ve seen thousands of jobs lost.  These were white collar people who did everything they were supposed to do.  Go to college, get a job, be a loyal company man or woman; only to be downsized, or rightsized, or whatever euphemism you want to use.  Or the blue collar workers who used to be able to live a comfortable (critics would say too comfortable) middle-class lifestyle doing manufacturing.  Now they’ve been replaced by factories in Canada, Mexico, and Brazil, or by robots at home.  They were loyal, did everything the union asked, and now they’re a greeter at Wal-Mart.

Those people aren’t promised a job, no one is.  Layoffs are as much of a part of running a business as hiring someone.  But when you see people who played the game the way you’re told that you’re supposed to, and they still get the short end of the stick, it leaves a sour taste in your mouth.  Watching what happened where I grew up played a large part in my decision to go solo.  If I don’t make any money and my business fails, at least it will be on my terms.

My generation has seen what happened to our parents, and we’ve decided we want no part of that.

My conclusion would be this.  Generation Y, it’s not our time, yet.  And we’re not in a position to make demands either.  We need to play by the rules.  And those in charge, it probably wouldn’t hurt to understand why Gen Y turned out the way they did.  Can’t we all just get along.

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This Is Your Jury

Posted by Kramer on May 19, 2009

Freedom of speech is a wonderful thing, and an important thing for a functioning democracy.  It’s also important for whatever it is that we call our system of government.  It’s so important that the Founding Fathers listed it first in the Bill of Rights.  That’s a pretty strong endorsement of freedom of speech.

The internet, that crazy series of tubes really shows free speech in action.  Anyone with an internet connection can say anything they want and broadcast it to the world.  It doesn’t matter how crazy or grammatically correct you are, the internet gives everyone a soap box.  And I mean everyone, it’s estimated that 230,000,000 Americans use the internet, second highest only to China in terms of sheer numbers.  But the US is way ahead of China percentage wise.

Which brings me to the ugly side of free speech.  Comments.  More specifically, comments on news sites.  I read The Eagle and KBTX.com daily, just to keep up with what’s happening around me.  Both those websites allow users to comment on the story they’ve just read.  I think national media outlets allow this as well, but since those commenters aren’t potential jurors, I don’t usually read them.

As a defense attorney, the comments in any arrest-related story don’t make me jump for joy.  In The Eagle, a little “war” between Bryan and College Station residents has erupted.  Why they are two separate cities when the combined population is under 200,000 is beyond me, but that’s another topic for another day.  If there’s one common theme in the comments, it’s that no punishment is harsh enough.  Some examples, and I’m quoting these verbatim.

Man jailed for 4th DWI charge.

He should have been locked up PERMANENTLY for the FIRST offense!

Punish people like this using the styles employed in Middle-Eastern countries, and we won’t have this problem. Three previous offenses? Way to go, court system, way to make an example out of this guy and keep him off the streets. Lock him up before he kills someone.

Police: Suspect spat on, harassed officers.

Count backwards from 25. Right how about count to 5 in English. Send this guy away, no plea bargain max him out and if other charges pending take him down on all. Come on County Atty and DA we want the max.

CS Man Wanted on Child Porn Charges, May Have Fled

This does not say if the child porn was found in his computer. More than likely it was. I saw an interview of a federal agent who tracks down cyber child pornography. She stated that it is not illegal for this type of garbage to be on the internet, or to even look at it on a computer. It only becomes illegal when someone clicks on “save” or “print”, then they are in “possession”. This is stupid. It should be illegal for child pornography to be in cyber-space PERIOD! I hope these laws change or have been changed since I heard this interview on Fox News several months ago. What non-sense! I hope CSPD catches this PERV before he molests a poor child, if he hasn’t already. He needs a Lobotomy or to be euthanised!

FRY this GUY !! SICK pervert ! WHY is it we are getting MORE and MORE of these individuals from Bryan/College Station ? Is there something in the AIR in this town ?

We wouldn’t be complete without some good, ole-fashioned racist remarks.  Bryan, CS police say noise complaints down

The jungle music coming so loudly from older trashy bryan cars is one reason my family will not shop in bryan

These Ghettos Gangster in Gangland Bryan need to be targeted before all other groups.

The Houston Chronicle isn’t any different.  And while I don’t read them on a regular basis, I’m guessing the Dallas Morning News, Austin-American Statesman, and San Antonio News-Express all have the same type of comments.

Life in prison for a DWI 1st.  Lobotomies for the freaks.  I haven’t actually seen it stated, but I’m pretty sure the death penalty for jaywalkers isn’t too extreme. There’s your jury pool right there.


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There Oughta Be A Law

Posted by Kramer on April 19, 2009

I went to an Astros game this weekend.  Two dogs and a beer cost $17.00.  And it wasn’t even good beer, it was Bud Lite.

By comparison, two dogs, chips, and pop at IKEA was $2.50.

Maybe the legislature could take some time from passing new oyster related laws to do something about this.

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