Friday, February 26, 2010

HOUSTON LIVESTOCK SHOW AND RODEO'S NEW EVENT.........TURBO DRIVE DIVERT

Harris County District Attorney, Pat Lykos, wants to make Houston a safer more gentler place to be during Rodeo......or does she really?
Zero tolerance for rodeo season revelers has been mandated.  If any cowboy or cowgirl is suspected of DWI during rodeo and refuses to submit to an  intoxilyzer; a blood alcohol sample WILL be drawn. 

There is no question that getting impaired drivers off of the roadways is in the best interest of society.
But one must question the motive of this particular edict.
Is this a publicity stunt or in the community's best interest?
New Year celebrants drew the same scrutiny.

The issue is: what makes alcohol related injuries or deaths on our roadways more significant during rodeo, New Years or other celebratory events?
Is it merely the sheer number of drunks during party season?
Dead is dead whether it's after a routine Saturday night or after the office Christmas Party or after a big time rodeo performance.
Why not have zero tolerance year round or not at all?

Consistency, fair play and due process do not seem to be priorities at the beleaguered Harris County District Attorney's Office since the new regime came to town.
Judge Pat, as DA Lykos demands to be called, established the highly controversial DIVERT program.
Controversial because many legal scholars consider this odd poorly drafted policy to be an illegal subterfuge of the Texas State Legislature.
Nevertheless, the main purpose of DIVERT is to ease overcrowding of our jails by giving non enhanced first offender drunk drivers essentially one free DWI.

So why the heck is Judge Pat wanting to launch a full court press "catch and release program" for drunk drivers during rodeo?

A District Attorney who politicizes drunk driving for personal gain with a total disregard for the health and safety of others is no different than the corner crack dealer.....they are both selling some bad shit.

Thursday, February 18, 2010

JUSTICE LESLIE BROCK YATES AND THE ROSENTHAL FACTOR

Justice Leslie Brock Yates, who is currently running for re-election to the Texas 14th Court of Appeals, has more in common with disgraced ex DA, Chuck Rosenthal, than choosing Allen Blakemore as her campaign manager.

The "Free Speech" argument must be taken in context  when uttered by an elected public official who is entrusted to be impartial in performing his/her essential job duties.

When Chuck Rosenthal, a public figure and sitting elected District Attorney at the time he sent racist emails on his government computer, suggested that "Freedom of Speech" shielded his behavior, Harris County scoffed at the absurdity. The implication was indefensible given his position at the time of the bad behavior.
After all, Rosenthal had the power to decide whose freedom, in a diversely populated county of ~4,000,000 people, would be jeopardized by his judgment.
He was not simply an ordinary private figure employed in the private sector on his privately owned computer.

The same criticism can be applied to Justice Yates.
However, her bias and total disregard for impartiality is not based on a plausible, albeit unsubstantiated, extrapolation of a distasteful joke; but rather forms the basis of her attack ads on opponent Sharon McCally.
Yates' profiling and subsequent condemnation of plaintiff attorneys based purely on the "belief" that these folks improperly represent the little guy instead of big business, is reprehensible on its face. 
Stereotyping  plaintiff attorneys as bad folks is prima facie inappropriate behavior for an appellate judge.

How can we expect impartial judicial renderings from a judge who blatantly profiles groups of individuals for political gain and has demonstrated a proclivity to judge an opponent on pure rumor and innuendo?

Wednesday, February 17, 2010

THE MONEYED POLITICIANS AND PARTY TENURE POSTURING CONTINUE TO HOLD HARRIS COUNTY HOSTAGE

The deluge of political mail-outs and sample ballots that flooded my office and personal address yesterday rekindled my abhorrence for the hypocrisy, innuendos and outright misinformation disseminated by the process.

The First Amendment doesn't permit someone to stick political signs in my yard without permission and there ought to be a way to prevent unsolicited political garbage from being stuffed in my mailbox. I consider it an abuse of political free speech and more akin to a form of trespass by proxy or at least littering.
An extension of the optional call block system applied to phones that intercepts harassing peddlers and protects our privacy, should be available to stop these political mail-outs.
Unfortunately, political mail-outs are very effective in tricking voters.....that's why they're so prolific.

Glaring examples of this voter manipulation against community interest are the well orchestrated Republican campaigns of Danny Dexter against the overwhelmingly more qualified but underfunded Marc Brown in the 180th Criminal District Court contest and politically connected Rachael Palmer in the County Criminal Court 13 race who is vastly outclassed in every aspect of the law by the exceptionally qualified Don Smyth.
Although Steve Hotze's endorsement of Dexter is very disturbing, he gets credit for not having the stomach to endorse Palmer, her political offerings notwithstanding.

The average Harris County voter has no idea which judicial candidate is most qualified and generally relies on endorsements and candidate-published name recognition when deciding how to cast his ballot.
How are these folks able to appropriately evaluate the veracity of the numerous judicial campaigns?
Heck, if I wasn't part of this legal microcosm I would probably vote for Dexter and Palmer based on the overwhelming published "support"!
How would I know what  incredibly better judges Marc Brown and Don Smythe would be if I didn't actually KNOW the candidates and their respective qualifications?

Judicial benches should not be for sale to those who know the right people instead of the right stuff.
Equal protection under the law is hindered when the bench is occupied by the most moneyed, instead of the most qualified candidate.

But as we all know, the idealism of truth, honesty, integrity, and ability are no match for who you know and how you spin it in modern American politics......and if anyone doubts that they don't know Pat Lykos.

Monday, February 15, 2010

SHOULD PRINCIPLE OR POLITICS DETERMINE VENUE FOR JIHADISTS?

WASHINGTON — The Obama administration prefers a civilian trial for the alleged 9/11 mastermind, but says that in the face of public and political opposition it must be open to a military tribunal.
In an interview published Monday in The New York Times, Attorney General Eric Holder said, "I have to be more forceful in advocating for why I believe these are trials that should be held on the civilian side."
However, Holder did not rule out a military trial for Khalid Sheikh Mohammed, saying, "You have to be flexible."

And there we have it!

My question to the United States Attorney General is:
WHY exactly would it be better to try these folks in a civilian court instead of a military tribunal?
I do not buy that the United States government has as much damning evidence against these terrorists as Orange County had against OJ Simpson and therefore a conviction is guaranteed no matter what the venue.
I do not buy that spending $200,000,000.00 per year for logistical support and security in NYC brings "closure" for New Yorkers.
I do not buy that giving enemy combatants a civilian trial with all the rights and privileges appurtenant thereof, shows how great and strong American justice is.
Of note, the greatest source of power for a terrorist is not the actual act of terror itself; but rather the exorbitant publicity that follows....a NYC TRIAL would be the mother load of publicity for these bastards.

When a group of individuals declare a Jihad against the sovereignty of  the United States of America those individuals are enemy combatants and are not entitled to the privileges of a speedy trial, Miranda, civilian discovery etc.
How  the U.S. conducts covert operations to gather Intel should not be on public display for all the world to evaluate.
The media's publication of US Military battle plans and strategy before engagement should be enough to satisfy their thirst.

So unless you believe that Eric Holder is really that ignorant of the law and its consequences you must ask:
What is the Obama Administration's real agenda?

Wednesday, February 10, 2010

THE HOUSTON CHRONICLE'S ANTI DEATH PENALTY AGENDA REDUCES IT'S CREDIBILITY ON THE ISSUE TO THAT OF AN EDITORIAL RAG

"Drama likely as Scardino, Siegler face off in retrial"

 


So reads today's headline in The Houston Chronicle as it reignites the personal smear campaign on one of the most talented prosecutors in Harris County history and the death penalty generally.

The Houston Chronicle begins it's assault with:
"Two experienced attorneys, one a former Harris County star prosecutor known for theatrics and the other a skilled defense attorney, will face each other in the retrial of Anthony Graves, whose capital murder conviction was overturned by a federal appeals court."
The obvious implication is that Siegler is merely a very good experienced "actor" while Scardino, on the other hand, is a very good experienced trial lawyer. Not too subtle.

The Chronicle goes on to say: 
"Kelly Siegler — once a feared Harris County assistant district attorney — has been hired by Washington-Burleson County District attorney Bill Parham as special prosecutor in the Graves case."
Feared-- not respected, not fair, not a good trial lawyer, but simply feared.

The Chronicle then concludes:
".....Attorney Nicole Casarez, a journalism professor at St. Thomas University whose students found evidence they say shows that Graves is innocent, and Amarillo attorney David Mullin are working on the case for free because they believe in Graves' innocence."
Well there we have it! The defendant is obviously innocent so why even bother with a trial.

"Siegler, who declined to comment, has faced Scardino and Phillips in previous trials."
Well why did Siegler not comment? She must have something to hide, right? 
OR perhaps Siegler prefers to work up the case and have the requisite familiarity with the actual facts BEFORE making a comment.  For all we know Siegler may, after factual review, concur with the Texas Court of Appeals.  Maybe justice at all costs is more important than winning or losing at all costs for someone of her caliber.
Oddly the results of who prevailed at the referenced "face-offs" between Siegler and Scardino/Phillips are not mentioned; I am willing to bet that Siegler crushed the pair of defense attorneys at each "face-off". 

"...Scardino's toughness and Siegler's flair for the dramatic..."
Puh...leeze!

"....Parham said he hired Siegler because he only has three assistant district attorneys, two of them inexperienced. “I have a small office and I need the extra help,” Parham said.
This is not the first time that Siegler has been hired to help a district attorney in a small county. Wharton County District Attorney Josh McCown hired Siegler in 2008 to help prosecute the county's first death penalty trial in 29 years."
Perhaps staff writer Harvey needs to tell the rest of the story.....The Wharton County defendant was convicted and sentenced to death for executing a Texas game warden.

It is my opinion that at The Houston Chronicle:
The anti death penalty agenda has clouded their objectivity. 
Editorializing has supplanted journalistic integrity.
Personal vendettas have eroded balanced reporting and trust.

It is no wonder readership is so dismal at the once venerable publication......

Tuesday, February 9, 2010

CONROY MURRAY, M.D.......ORDINARY NEGLIGENCE OR CRIMINAL CONDUCT

Should a patient's social status and notoriety be a factor in evaluating the guilt or liability of a treating physician's conduct?  The answer seems to be obvious, but society has chosen otherwise.
If the "King of Pop" had instead simply been the head of the local PTA, does anyone really think that Dr. Murray would be facing involuntary manslaughter charges?

What kind of precedent does this set for the administration of health care in America? 
Henceforth should all health care providers suspected of malpractice now be presented to a Grand Jury as well?

Every bad outcome does not constitute criminal activity.....accidents and poor judgment are often simply just that.

When a bus driver, without evidence of enhancement, accidentally crushes and kills a small child who runs in front of his vehicle it is tragic but vastly different than a reckless tow truck driver racing down a feeder road with cocaine metabolites on board who T-bones a car killing it's passengers.......the prosecutors need more than a bad outcome to a celebrity patient to prosecute a doctor who exercised poor judgment.

Monday, February 8, 2010

HARRIS COUNTY'S POLITICAL ENDORSEMENT INDUSTRY IS NOTHING MORE THAN LEGALIZED PROSTITUTION

The political endorsement industry has truly become a seedy business.
In Harris County, WHAT an individual knows, too often takes a back seat to WHO he knows, literally.   When a candidate succumbs to the brothel mentality that lures him into the political elite's backseat; we're the ones getting screwed at the end of the day.

The Harris County "King Makers" (as these skanks like to be called), not the voters, elect our local politicians. 
I am not sure who is more vile and disgusting: the vermin of the political endorsement industry or the apathetic uninformed citizenry of Harris County who have,by proxy, conceded and acquiesced the process.

What coffee or luncheon a politician attends and who is outright paid off is more significant to a successful campaign than what qualifications or experience a candidate has.
Unf*ckingbelievable!
The average citizen lives in an oblivious fog to this reality; while those of us informed as to the actual qualifications, ability and experience of the candidates in a particular race are self righteously appalled. 
But lest we be hypocrites; most of us that truly are well informed on a particular race, are so for personal reasons; proclamations to exclusively serve the best interests of the community, notwithstanding.

One of the things I hope this new movement to awaken America achieves is that people of character become more informed and involved in the political process generally and not limit involvement to narrow personal needs. That not only do they become fed up with this corrupt way of pre-selecting our candidates based on payoffs and political extremism; but also that some of them decide to stand up and replace the self serving professional politicians.
President John F. Kennedy was profoundly prophetic when he implored Americans to: "....Ask not what your country can do for you; but what you can do for your country..."

Men and women in our communities with real life experience who have excelled in their chosen field based on ability and merit; whether in the private sector or in government, must actively decide to make a difference in the governing process. 
Entrepreneurs, plant managers, small business owners, doctors, teachers and others should be encouraged and supported to take the time and make the sacrifice---not to enhance their careers or portfolios; but because it is the right thing to do for their community.
Giving back, for those that have been blessed with so much, is a privilege.

So if you're tired of inept professional politicians like Pat Lykos----get involved in the process and promote quality leadership for Harris County. 
You have no right to complain if you don't vote and you should not vote if you are not informed.

Friday, February 5, 2010

OBAMA PRAYS FOR CIVILITY....OR DOES HE?

Speaking at the annual National Prayer breakfast yesterday, and fresh on the heels of the personal rebuke handed to him by Scott Brown's populist victory; Obama stated " there is a sense that something is different now, that something is broken, that those of us in Washington aren't serving people as well as we should."
Really! Who knew?
Obama moved into 1600 Pennsylvania Avenue campaigning  precisely on this theme.  Obama's failure to deliver on this campaign promise is due to his ineptitude, indecisiveness and desperation.  To imply that this is a new epiphany, rather than arrogant incompetence, is a gross underestimation of the American people.

O man then pulled another card out of his victim deck when he declared: "you can question my policies without questioning my faith or citizenship".
Really?  Then why not actually join a church and produce a birth certificate instead of spending big bucks to hide it.  Very simple solutions to such insincere protestations.  He reminds me of the child who killed both of his parents and then pleaded for judicial leniency based on the fact he was now an orphan.
Apparently Obama likes to promote the controversy of his birth and faith so as to distract the people from the real issues of import and marginalize scrutiny of his "leadership skills".

Finally, not to miss an opportunity to blame Bush for something, Obama also said that his office of Faith-Based and Neighborhood Partnerships had  " turned the faith-based initiative around" from it's previous incarceration under the Bush administration to "find common ground among people of all beliefs."
We can all agree that Bush made some poor decisions during his tenure as POTUS; but  certainly no one can reasonably criticize his personal commitment to Jesus Christ or his sincere respect for the legitimate faith of others. 

 This blatant hypocrisy is falling on deaf ears--even among his staunchest supporters outside the African-American community.......the dress rehearsal is over, Mr. President!

.

Monday, February 1, 2010

INDIVIDUAL FREEDOM OR BIG GOVERNMENT.........THE NEXT MIDTERMS ARE CRUCIAL

"The free enterprise system has blessed the United States of America with the greatest prosperity, the highest standards of living, and, most important, the greatest individual freedom known to man. If we can preserve this system, and our freedom, we can look forward to turning over to our children, and our children's children, an America that is more productive, prosperous, and stronger economically, financially, morally, and spiritually, than the one we inherited."
--William E. Simon,  the 63rd Treasury Secretary of the United States

The current US Treasury head, Timothy Geithner,  is no William Simon. He and his fellow Secular Progressives have chosen to dismantle Simon's ideal through a sordid path of blame, bailouts, entitlements and big government.
As we allow big government to replace our individual liberty and moral compass we lose that which made America the envy of the world.

If we are to survive as a nation worthy of being passed on to future generations; then we need to be worthy ourselves. "American Correctness" needs to supplant "Political Correctness".
America's greatness was not predicated on class envy that rewarded failure or inferiority.  Our foundation was premised on early Americans heralding  hard work, sacrifice and common sense traditional values. In contrast, modern Americans are content to be ridiculed and scorned for sharing these beliefs.
Enough is enough.

America must reclaim her sovereignty that she unwittingly abdicated to the fringe groups of each Party.
The average American knows right from wrong; but her lines of judgment have been blurred.  The sensory overload of the socialist secular movement is formidable; but their death grip on American government must be challenged.  Conceptually they are no different than the Sunnis and Shiites and we have allowed them to dominate our public policy nationally, locally and abroad. Each group clings to their own special interests with total disregard for America's best interests or survival.  Corporate America versus the unions.  The "Mom and Pop's" are fading fast.  A feeling of helplessness fueled by anxiety feeds America's trepidation and anger.

So America has a choice:
1. Do we sit back content watching American Idol and NFL football apathetic to our eroding liberties; OR
2. do we demand that our government and elected officials live true to the United States Constitution and serve, rather than exploit the American people.

I submit that the sanctity of life coupled with the freedom of individual liberty affords man the greatest opportunity to achieve happiness.....it is a privilege that our forefathers fought and died for and must never be abandoned or taken for granted.