Notice: Any comments made by me, are my own, and should not be construed to be those of anyone else, or any organization or association.

Tuesday, April 24, 2012

America, Is She Terminal?

(This is an updated version of an earlier post.)
It saddens me to see her so sick. She is down, and from the looks of her, she could be terminally ill. She's been through so much in her life. Many have attacked her, wounded her, trampled on her, tried so hard to make her disappear from the planet. Today, she is under such extreme attacks, and this time, from within her own family. If she goes, I just don't know what I'll do, and I am sad at the prospect.

America - Oh, how I love her name. America - Oh, how I love my country. America - Oh, how sad I am of what far too many are trying to do to her, make her become, make her into what she was never meant to be.

Why do I say all this? Because, today, it looks to me like the "government of the people, by the people, and for the people", has been plowed under by the swarm of hungry...power hungry... politicians and bureaucrats. The "government", has become the BIG manager in most all aspects of our lives and businesses. Now, with trillions of dollars of taxpayer money, BIG government has now decided what to do with OUR money...and our future money...and even with our very lives.

No long ago, the President of Mexico was permitted... encouraged and applauded...to address our congress and criticise one of our own states. Now add to that, our government may consider letting 11 other countries join in a law suit against Arizona. THIS government, OUR government (to include Arizona) has turned on one of our own. If they succeed, with the help of foreign countries, then who will be safe in challenging the "government" on the next issue?

I am absolutely convinced that our forefathers would be up-in-arms over what they see today. In fact, they WERE up-in-arms some 235+ years ago. And WHY were they up-in-arms? They were fed up with the strong arms tactics and imposition of unfair taxes upon the colonies and the citizens of the New World. Britain, at that time, WAS the government. And THAT government wanted to impose its will, and taxes, in every way it saw fit to do. Sound familiar?

Well, with TRILLIONS of dollars promised by THIS government, on top of the about 5 Trillion before President Bush left office, WHO will pay for all that? WHO will be taxed to pay for the sins and mistakes by our own government and big business? And when it comes down to it - just how many, what percent, of our citizens really wanted the health-care reform act that was passed, or want to pay for it? The top ten polls of that time were clear - a majority of Americans were against THAT bill. But it didn't matter to those who hold the power. They forced it into law anyway. They DID NOT listen to "the people".

And now, with the majority of Americans supporting what Arizona is trying to do, THIS "government", supported by 11 foreign countries, is ignoring the will of the people, and going after them anyway.

Add to all that, Obama just signed an Act into law, that grants huge arrests power to the Secret Service, to arrest anyone THEY think "could" be inside some arbitrary protective zone the President, or other Politicial figure, is speaking and traveling. You could be arrested and held, without trial, for what THEY could interpret as Hate speech, even it it's just anti-government political speech. Free speech? Sounds like extremely limited free speech. Where does that end?

THIS is NOT America. This is something else, but it is NOT America. Businesses grow. Businesses go under. The natural evolution of capitalism has been circumvented by the rich and powerful political machine. Now, our government will decide who makes it, and who won't. The ever increasing government hand, has now grown to control the direction of business, and us...we, the people. That BIG government hand, is around the freedom neck of America.

I am sick at what we have become. And in 2008, we (I say we, because WE are all in this together.) voted in the biggest bunch of power hungry people in the history of our country. And with that, we are being sold out. I weep for my America. I weep for the country that spread freedom, helped other people and countries in times of natural disaster and tyranny. I weep for those who came before us, and died in an effort to keep America free, and keep America as a land of "for the people, by the people". The people we have in Washington today, are NOT "the people", but they are there...BECAUSE we let them be there. The personal agendas and greed for power, is limitless. And Americans put them there. Shame on us.

So, I sit by the death bed of the America I love and have believed in. I watch helplessly as she succumbs to the trampling on the long held belief's of a nation of free people and non-intrusive government. Before long, her colors could remain, but the stripes will be removed, the stars gone, and some new "Obama-like" symbol will replace her. Letters and emails have failed, and I know of no cure to help. Good men sit by, while other men want to turn off her life support machine. Freedom of her people is old fashioned, in the eyes of our new power mongers.

Pardon my ramblings, and perhaps lack of delivery in this addition, but my sadness almost over-takes me, and the grief I am feeling for what I fear is coming, has a grip on me. I pray for HONEST change this November (2012). Even though I don't see a lot better to choose from, we MUST make changes, and often, in that highest of offices. We MUST make them understand, their seats are a temporary one, and granted by US, to serve US, not rule us.

Am I alone? Are there any other voices that share in this feeling?

God Bless America, for as long as we still have her. - Dan

PS. While not exclusive to Veterans, the sound of her name, "America", and the songs about her, i.e.  America, America the Beautiful, God Bless America, The Star Spangled Banner, etc., bring goose bumps to us, as does the raising or passing of our Flag. What is happening to America, and the ever growing disrespect for her, is hard to swallow for THIS Veteran.

Thursday, April 19, 2012

Don't leave your horse in the barn

Generally speaking, people are okay and unchallenged by just living the life the government lets them live. And as long as any government intrusion happens to "the other guy", then people will sit quietly by, feeling smug in that they don't have anything to worry about. But, they DON'T like people to stand up in the public square (read - any public venue) and protest the government or the leaders, and to point out, sometimes loudly, what is going on around us. Nope. That makes many feel uncomfortable. Oh yes, they'll protest in the confines of their homes and among the few they are comfortable talking to, but to write a public piece, or be vocal in public? Nope.
 
Some 237 years ago, I expect there were those who also felt uncomfortable when some would speak out in the public square about King George. There were those who sided with the British, and would not go along with any uprising against the King. But those who were vocal about freedom, did so at their own risk. Great risk in fact.
 
Samuel Adams and John Hancock had to go into hiding, because of their written and spoken protests. Patrick Henry, in a publicly defiant voice, pronounced, "Give me liberty, or give me death!" You don't think that British spies didn't take note of that speech in Richmond Virginia! Those early Patriots KNEW they were putting themselves and their families at risk. William Dawes (a shoe maker), the other "rider" like Paul Revere, was caught and arrested before his "ride" really got going. And Paul Revere took great risk of death in his "ride" to warn of the advancing British soldiers (who were headed to impound the Patriot's weapons stores). Both threw off the personal risks, and saddled up anyway. Freedom was THAT important.
 
Aside from our soldiers fighting our wars abroad, I can't help but wonder, "Who would dare put their personal freedom, their very lives, on the line for the cause of freedom and against government tyranny?" I fear the number of citizens who would, are dwindling.
 
I can't say with certainty that I'd give up my life for liberty. One can't say for certain, until faced with such a test. I will say that in my heart of hearts, I hope I would be so courageous to do so. But until that test comes, I WILL be vocal. I WILL write my protests. I WILL do so in public. I WILL NOT hide when speaking against injustice and the growing tyranny I see rising from our government. And if I make you "uncomfortable"? Well, I guess you can close your window, shut me out, close your ears, and block my words. But I WILL NOT sit quietly by, while America and our constitution crumble around me. I WILL NOT see signs of trouble, and not speak up in warning. No sir, I WILL NOT leave my horse in the barn. Will you?
 

Friday, April 6, 2012

Innocent until proven GUILTY

In light of recent and nationally notable cases, I am sharing a true story. In NO WAY, do I suggest anything, one way or another, about any other case. I share this true story, to show why we have the system we have (imperfect as it is).
The following is a personally experienced true story. (Abbreviated, but otherwise factual.)
 
The Allegation ~
I man with a prior police record, is accused of attempted rape and aggravated battery.
 
The Victim's report of the crime ~
The female Victim had known the suspect for only a few weeks, dating him exclusively during that time. He wanted to cut off the relationship, and she went to his hang-out bar to talk to him. She asked him to go outside and talk, and he went outside with her. In the alley parking lot by the rear entrance, they got into any argument. The suspect tried to force her into oral sex. She resisted. He showed her a gun that he had in his car, and said he'd already killed one person, and he would kill her if she didn't submit. She still wouldn't. He threw the gun into the back seat of his car, then got mad and picked up a large chunk of nearby concrete and smashed a large hole into his own windshield. He then grabbed her, tried to tear her top off, then grabbed her and rammed her head into the hole in the windshield. He left her there, and went back into the bar. She escaped and ran around to the street, and across to a McDonald's, and the police was called. She has a small cut on her head, and her sweater was missing, revealing just her bra.
 
The Police ~
The Police arrived, spoke to and observed the very shaken Victim, and called for an ambulance. She was treated at the scene by the EMT's for a minor cut to her head, but required no other treatment. Other Officers then went to the bar to locate and contact the Suspect inside. The Suspect was subsequently arrested, the car searched, and a gun found. The Victim's sweater was not found. The chunk of concrete was not identified as the one reported to have been used by the Suspect, and none was collected as evidence, nor was any glass from the windshield for comparison trace evidence. A handgun was found in plain view on the backseat of the Defendant's car.
 
The Suspect was well dressed in ironed jeans, cowboy boots, and a starched western shirt. When contacted in the bar, he did not run, nor display any concern when the Officers came in. He had been drinking a couple beers and watching a baseball game on the TVs with the other patrons. The Officers took him back outside, by his car, and arrested him after the Victim identified him to police.
 
He was arrested and booked on felony charges, with a $50,000 bond.
 
The Evidence ~
Observations by the police of a smashed car windshield.
Slight cut to the head of the "victim".
A Handgun (Unknown origin of the handgun, and not found to be tied to any other crime).
(No women's sweater, torn or otherwise)
(No piece of concrete said to have been used to smash window - not collected)
(No glass or blood evidence on the person of the defendant)

The Defense Attorney ~
The Defendant's Attorney called me, as I was a Private Investigator at the time, for a consultation. I was provided a copy of the police report to review. The Defendant has a history with the Police. The Attorney also added this - The Defendant was a witness, a "star witness", to a year old murder case resulting from a shooting at another bar. In that case, and as far as the Defense Attorney knows, is not related to this case. But curiously, the Murder Suspect is trying to get an appeal of his conviction. The Attorney thought it was too much of a coincidence, and that such a felony conviction could come up as discrediting his Defendant in the other case. The Victim had stated that this defendant had a gun and had killed someone before. The Defendant says the gun was planted in the his car. The defendant did not own a gun, let along that gun. But the fact that the Victim made the claim about of gun, added to the suspicion the Defense Attorney had about the case. Any relationship between the Victim and the convicted murder defendant, was unknown.

The Defendant ~
He had only met the woman several weeks prior to the incident, when she first came into the bar and they hooked up. They dated for 2-3 weeks. He thought she was too clingy and demanding of his time, and he wanted to break it off and told her so. A few days later, she showed up at the bar and asked him to go out back to talk, which he did. They argued and her told her to get lost, and he returned to the bar. He said he was outside for less a 2-3 minutes.
 
He had no idea his car window had been broken, he doesn't own a gun, and has no idea why she would say he confessed to shooting anybody. And when the Police came in the bar, he had no idea they were looking for him for anything. (His past run-ins with that Police Dept., were related to his drinking and DUI's.)
 
The Defense Investigation ~
I reviewed the Police report and Victims statement, as well as reviewed the evidence documentation.
1. The Victim's sweater was never found. It had not been in the Defendant's car, nor in the alley, nor in the bar, and not along the street and path toward McDonalds.
2. The concrete block was not collected.
3. No glass was collected from the car windshield for any comparison to any trace evidence.
4. No glass was collected from the Victims head.
5. No evidence that the gun was the Defendants, nor matched to any crime.
6. No witnesses or other supporting facts to support Victim's allegations.
7. The small cut on the Victim's head, hardly bled, and required no hospital treatment.
 
I began at the bar, and during interviews of those who know the Defendant, and those who were just there, resulted in no one having any idea that anything had happened prior to the police arriving. The two bartenders I spoke to, recalled that night and the woman coming in, but both put the Defendant back in the bar in under 2 minutes, and no indication that anything was wrong. No one knew the woman, other than she showed up with the Defendant a couple times. She was not a regular, and had not been seen there before, or since.
 
I then started looking at the Victim. She was from the area, but had been in and out of her family's home, and had been seen with an unknown man, not the Defendant.
 
I also looked at the Murder case, and that suspect, who had been convicted and was serving time. That convicted suspect had a brother. I found the brother, living at his parent's house, and I started watching who came and went. With that, I observed and ID'd the female Victim, sitting on the porch with the brother, then again later walking hand-in-hand down the street. This connection, had every appearance of being a possible set-up, to get our Defendant convicted of a felony.
 
Additional background on the victim, revealed that she had been seeing that brother, prior to the bar incident.

Later, during the trial and cross examination, the Victim first denied knowing the convicted murder suspect, or his family. When shown a surveillance photo, she had no comment. During the Defense presentation, when I was on the stand, and the Prosecution started to ask questions, but after a couple basic ones, stopped when the answers were not what he wanted the jury to hear.
 
The Jury ~
The Jury deliberated, after going over the instructions, for less than 30 minutes.
They returned with a verdict of NOT GUILTY.
 
Summary ~
1. The "crime" never happened.
2. The "victim" sought out the Defendant at the bar, and attempted to get a relationship going.
3. The actual murder gun was never found, but the gun from the Defendant's car was not matched to any murder. Unknown owner.
4. The Victim's boyfriend, the Murder Suspect' brother, was believed to have staged a "crime" and attempted to frame the Defendant in hopes that a felony conviction, and new evidence of this defendant having a gun, would help get a new trial.
5. The Jury did not find the Victim credible at all.
6. The Defendant was in fact, framed from the start.

Conclusion ~
Not all "VICTIMS", are Victims.
Not all "CRIMES" are crimes.
And thorough Police Work/Investigations are always critical to making good cases.
 
An arrest, is NOT proof of guilt. That is why we have a system of "innocent until proven guilty". That is also WHY the media should never take sides in their reporting of criminal events.