I have recently been following the Trayvon Martin case which has been widely publicized in the media the past several days.
In fact, there have been protests as far as New York City in light of the wide publicity this case has engendered.
Ever since the passage of the "hate crimes" legislation, there has been an increase of reports of crimes which are being widely publicized as "racial" in nature.
What has been so odd to me is that prior to the passage of the 1964 Civil Rights Act, and subsequent legislation, I could understand the push for federal legislation that also addressed crimes which could reasonably be suspected to be racially motivated.
I mean, there was a great deal of prejudice against the African American community in many pockets of the country which continued post the American Civil War.
But it seems whenever there is a crime which is committed by or against people of different "races," or "sexual" orientation the "hate crime" media mill begins.
In this case, it seems to me that Mr. Zimmerman, the man who shot Trayvon Martin, a black youth, appears to have had control issues from what has been leaked through the media.
He had at one time even considered entering law enforcement as a career, and had been in a few confrontations prior to the events which transpired recently.
But I just wonder if there wasn't something else at work here...
Such as the fact that this crime occurred in an HOA community - one of those gated communities in Florida.
Communities which have had their share of legal wranglings since so many have been built by those huge developers since the 1980's.
I just wonder if all those Board meetings about dues, safety issues, etc., contributed to the events which transpired which led to this young man's death.
The fact that these communities are considered "private" and any "strange" individual within the community almost immediately suspect.
The police have not undertaken any investigation due to a law in Florida cited as the "Stand Your Ground" law which, I am sure, was meant to reinforce and protect a citizens right to defend and protect his own property and person with deadly force, if necessary.
Problem was, Trayvon Martin was "suspect" from the outset in this gated community.
And Mr. Zimmerman most likely felt he had the "right" to defend and protect not simply his own property, but that of the "community," as quite clearly an active member of this community's homeowners association.
In fact, one of the Board members was interviewed on mainstream television testifying how Mr. Zimmerman "had prevented several crimes" in the community previously due to his vigiliance.
Seems to me, those "Stand Your Ground" laws need review in Florida - and quickly.
Clearly spelling out the limits of the law if it is so broadly worded or interpreted to afford these communities to act whether there is any overt act or suspicion.
With limits placed on individual members of the community from taking such action unless it is their property or person endangered, unless acting as a paid agent or private security officer for the community.
Seems to me due to the fact that this man followed this youth through the common area of this community, with this young man being a "suspect" from the moment he entered the "gated" community, race could have been a contributing factor...
But most likely, it was the entire HOA gated community paranoid mentality at work here...with him instead "profiled" as an "outsider."
But playing the race card makes for bigger ratings, and headlines.
And just maybe, a future payout if the local police are blamed once again for the legislative failings of the state (and federal government, since these gated communities are also spreading throughout the country PROGRESSIVELY).
Showing posts with label death. Show all posts
Showing posts with label death. Show all posts
Thursday, March 22, 2012
Friday, May 13, 2011
The Decade In Review: Next War, Pakistan?
With the reported death of Osama bin Laden due to the heroic actions of the U.S. Navy Seals being credited for recent events in Pakistan, although questionable based upon the timing, methods and eventual disposition of the body of the claimed front man for the 9-11 attacks by more than a few Americans with the press and federal government once again ratcheting up the terrorism threats and reports of retaliation, perhaps it is time to step back and review just what has occurred in the 10 years since that horrendous day.
The Patriot Act once again is quietly being brought to the floor of Congress for passage without any real significant changes in the unconstitutional provisions contained within it in violation of the U.S. Constitution as I write and post these recent reports.
Our southern and northern borders remain for the most part unsecured, now 10 long years after 9-11 with the politicians using this issue in the 10 years since in order to build or remain in public office at the cost of literally thousands of additional American lives.
Foreigners, especially Canadians, have been given blanket security clearances and are training on U.S. shores in many military installations across the country, while dissenting Americans opposed to these ever expanding Middle Eastern wars are being targeted by Homeland Security in greater and greater numbers as more and more of these "degrees" are handed out through U.S. universities, and also by the military itself.
A Canadian can be posted and train at NORAD, I recently learned, while an American who attempts to enter those sacred grounds could be shot on sight.
And a Canadian military officer or member has no inherent loyalty oath to the Constitution, or to recognizing the Congress or President as their civilian commanders, even though most of the members of Congress and the President are now afforded to accept campaign contributions from who knows where rather than the "district" or even "country" in which they live and are to protect and defend primarily against foreigners, be they allies or enemies, as it detrimentally affects this nation or its citizenry.
During Bush's last 90 days in office, an "administrative order" was passed affording foreigners from over 35 countries "free pass" visa waivers which simply required 48 hour security checks in order to enter and visit or work in the United States.
More and more work visas are being also handed out to foreigners, even during this recession and post 9-11, and jobs are being handed out by those large global corporations based in the United States as the basis for the requests for those visas in that "no American can be found to do the job as opposed to the "specialized" skills and talents of those foreigners.
Many from former British colonies or territories such as India or Australia, in addition to those Canadians.
The propaganda on Fox, a U.S. pay cable station owned by a former Brit espousing British style conservatism, continues to confuse the issues and undermine our Constitution along with those stations and media publications also owned by the globalists who wish to return this country back to its pre-Revolutionary War status.
Another colony of the Brits, or under British rule and dominion through their extensive holdings in America and even our banks through the Federal Reserve.
This current administration and its loyal press appear to be once again beating the drums for a major offensive in Pakistan post these recent events, in addition to maintaining fronts in both Afghanistan and Iraq, and through its U.S. membership in the U.N., Libya.
While Scotty from American Idol this past week chose to sing an inspirational country-western song about faith, and those events ten long years ago, again on Fox - the national animal of the British who desperately need to use our U.S. troops in order to continue their quest for world economic dominion and control with the Middle Eastern countries being the sole holdouts to this massive global agenda in world socialism.
It appears our current leaders feel they are more "enlightened" and intelligent than those great men who gave their lives to establish this nation, as one unlike any other.
Seems we have come full circle in the short span of less than 300 years, and from all reports, most of the true "natives" are getting quite restless.
And the "change" that is needed appears will not be coming from either the Republicans, or the Democrats who continue to assist in selling this country and its people out to those whose true interests and loyalties lie elsewhere.
Misusing and attempting to marginalize all the "conspiracy theorists" who ask the important and vital questions at this point, and divert attention with weddings, death announcements, and political staged backbiting against those standing in the way of "progress."
Even our churches have been corrupted due to federal faith based grant monies, with strings attached by many of those huge, globally focused churches now also misrepresenting scripture, especially in the Christian faith, with respect to this political maneuvering.
At this point for many, even those gruesome pictures wouldn't answer the fundamental questions that keep nagging many and have for the past 10 years.
Mainly, this "changed" America under both mainstream political parties bears no resemblance to the nation those founders shed their blood to establish those many years ago.
A sovereign America conceived in individual liberty, and free of global wars and British world agendas.
The Patriot Act once again is quietly being brought to the floor of Congress for passage without any real significant changes in the unconstitutional provisions contained within it in violation of the U.S. Constitution as I write and post these recent reports.
Our southern and northern borders remain for the most part unsecured, now 10 long years after 9-11 with the politicians using this issue in the 10 years since in order to build or remain in public office at the cost of literally thousands of additional American lives.
Foreigners, especially Canadians, have been given blanket security clearances and are training on U.S. shores in many military installations across the country, while dissenting Americans opposed to these ever expanding Middle Eastern wars are being targeted by Homeland Security in greater and greater numbers as more and more of these "degrees" are handed out through U.S. universities, and also by the military itself.
A Canadian can be posted and train at NORAD, I recently learned, while an American who attempts to enter those sacred grounds could be shot on sight.
And a Canadian military officer or member has no inherent loyalty oath to the Constitution, or to recognizing the Congress or President as their civilian commanders, even though most of the members of Congress and the President are now afforded to accept campaign contributions from who knows where rather than the "district" or even "country" in which they live and are to protect and defend primarily against foreigners, be they allies or enemies, as it detrimentally affects this nation or its citizenry.
During Bush's last 90 days in office, an "administrative order" was passed affording foreigners from over 35 countries "free pass" visa waivers which simply required 48 hour security checks in order to enter and visit or work in the United States.
More and more work visas are being also handed out to foreigners, even during this recession and post 9-11, and jobs are being handed out by those large global corporations based in the United States as the basis for the requests for those visas in that "no American can be found to do the job as opposed to the "specialized" skills and talents of those foreigners.
Many from former British colonies or territories such as India or Australia, in addition to those Canadians.
The propaganda on Fox, a U.S. pay cable station owned by a former Brit espousing British style conservatism, continues to confuse the issues and undermine our Constitution along with those stations and media publications also owned by the globalists who wish to return this country back to its pre-Revolutionary War status.
Another colony of the Brits, or under British rule and dominion through their extensive holdings in America and even our banks through the Federal Reserve.
This current administration and its loyal press appear to be once again beating the drums for a major offensive in Pakistan post these recent events, in addition to maintaining fronts in both Afghanistan and Iraq, and through its U.S. membership in the U.N., Libya.
While Scotty from American Idol this past week chose to sing an inspirational country-western song about faith, and those events ten long years ago, again on Fox - the national animal of the British who desperately need to use our U.S. troops in order to continue their quest for world economic dominion and control with the Middle Eastern countries being the sole holdouts to this massive global agenda in world socialism.
It appears our current leaders feel they are more "enlightened" and intelligent than those great men who gave their lives to establish this nation, as one unlike any other.
Seems we have come full circle in the short span of less than 300 years, and from all reports, most of the true "natives" are getting quite restless.
And the "change" that is needed appears will not be coming from either the Republicans, or the Democrats who continue to assist in selling this country and its people out to those whose true interests and loyalties lie elsewhere.
Misusing and attempting to marginalize all the "conspiracy theorists" who ask the important and vital questions at this point, and divert attention with weddings, death announcements, and political staged backbiting against those standing in the way of "progress."
Even our churches have been corrupted due to federal faith based grant monies, with strings attached by many of those huge, globally focused churches now also misrepresenting scripture, especially in the Christian faith, with respect to this political maneuvering.
At this point for many, even those gruesome pictures wouldn't answer the fundamental questions that keep nagging many and have for the past 10 years.
Mainly, this "changed" America under both mainstream political parties bears no resemblance to the nation those founders shed their blood to establish those many years ago.
A sovereign America conceived in individual liberty, and free of global wars and British world agendas.
Thursday, October 14, 2010
Luis Ramirez Case Demonstrates Criminal Justice System Gone Awry
The highly publicized ongoing "hate crimes" case in the death of Luis Ramirez at the hands of a group of white American football players/teenagers in Shenandoah, Pennsylvania, a mostly blue-color small town northwest of Philadelphia, appears to this writer to demonstrate how the American criminal justice system has truly lost its way.
Primarily also due to the inconsistent reporting also that has occurred throughout the nation on the case.
With the first inconsistency being just whether or not the victim was a 25 year old American citizen of Mexican descent, or an illegal immigrant.
Sources in the news media have portrayed him as both, and his initial trial was in state court in which the teens involved were convicted of criminal assault in the beating death of Mr. Ramirez, who they encountered in a park where the victim was out with his 15 year old girlfriend late one evening.
Apparently, the group of teens had had too much to drink and were spoiling for a fight, and from all reports insults were hurled prior to the eventual encounter in both directions. I wonder if the proprietor of the establishment who sold those kids the alcohol has also been brought up on charges, since they were, after all, 16 and 17 at the time of this incident and apparently it occurred after a football game.
The teens were also charged with "ethnic intimidation" under state laws at the time of their trials, but apparently those charges were either dismissed or they were found not guilty on those counts.
Much, of course, has been made that an "all white" jury was involved in the state action, and apparently there are also charges that local authorities were involved in some cover-up of the investigation then thereafter, some of whom are scheduled to be brought up on those charges at some later point in time (although this incident occurred more than two years ago).
The community, of course, has been adversely impacted as this is a town that is a magnet for the claimed "Hispanic community" due to the draw of jobs in the agricultural and industrial (factory) sectors. Of course, Pennsylvania's major industrues are in the coal/steel/industrial sector, with many during this recession also hard hit and out of work.
The uncertainty of this young man's immigration status as reported in the media does bear scrutiny as the prosecution in the subsequent federal case has also inconsisgtently been reported as under the "hate crimes" bill recently signed by Congress (about the same time as this incident occurred, it appears, but that also bears scrutiny). Even more strange is that the federal case is actually being prosecuted against the teens as a violation in affording the victim fair housing under the "Fair Housing Act."
Say, what?
Apparently, since the state dismissed the charges against the teens under the state provisions for "ethnic intimidation" the federal government is barred from then bringing an action under the "hate crimes" legislation passed in 2008, or it was an ex-post facto law in any event passed after this particular incident. Or to then proceed and charge the teens with violation of the federal Hate Crimes Act would, in effect, be double jeopardy since the state prosecutor or the jury had dismissed those charges at the state level.
But now prosecuting them under the "Fair Housing" Act?
MALDEF, a federally funded "educational" group, of course, is involved in the prosecution of the case. Another group that stands to benefit from any and all actions which can in any way be deemed a "civil rights" matter - apparently whether brought on behalf of an actual American citizen or not, since the status of this man's citizenship has been reported, at least in the Boston papers, as an "illegal immigrant."
Although one of the Washington news sources reports him as an "American, of Mexican descent."
But I guess if MALDEF is involved then he must be a Mexican-American. Or the federal statute providing for those legal fee awards makes no distinction, since the words "civil rights" are being used quite liberally by the federal prosecutors for this now Fair Housing case.
A tragic incident, and while the state has actually got the technicalities correct in at least the fact that "ethnicity" just may have been a factor, the federal government is using the "racial" discrimination label - when Hispanic is not actually a "race" at all any more than being of German, Irish or Russian descent.
I wonder when those cases will be brought under the Fair Housing Act?
Alcohol and teens do not mix, but then neither do hormones and teens.
When I was growing up in Arizona during even the grammar school years, the "big tree" outside the schoolyard was famous as the site where any and all fights between the pre-teen boys occurred. Although they were equally matched in most cases, at least one-on-one.
But instead of charges of "bullying" as would occur in any other such incident due to this young man being outnumbered at the outset, and by a group of high school teen football players at that, we are charging them under the Fair Housing Act, after they were already convicted of criminal assault?
It seems to me this new "hate crimes" legislation is going to result in an increase in our adolescent jail population also progressively, and of course our deficit for all those legal fees to all these special interest groups on the illegal immigrant gravy train, when if our borders were secured and then the immigration process also then simplified and made less costly for all those from poorer countries especially who wish to immigrate such cases as these just might also progressively decrease.
I just wonder also, will the ACLU be there for the next European-American young male who is beaten by some Mexican gang members in one of the border state neighborhoods in order to protect their civil rights?
I guess that question is rather rhetorical, since the Fair Housing Act doesn't apply to that "ethnic" group.
And with all the demonstrations and unrest that the illegal immigrant and border situation has resulted in these past few years, and actually since the Reagan amnesty in the 1980's as reported in the media night after night, and being used by the politicians for political purposes most of all each and every election, and in this ever spiraling economic tsunami with more and more Americans continuing to be homeless and jobless by the month, is it any wonder that such a mentality would filter down to especially the adolescent males in a small mining town in Pennsylvania.
I mean, this does appear to be another case of federal negligence at the eventual cost of the public at large, and increasing the tensions over this issue.
This community, far from the border, it also has been reported has been "at war" ever since this incident took place.
Which does not excuse what obviously occured and the "mix" of the circumstances, alcohol, and hormones which eventually led to the death of this young man, but is it any wonder?
And call me somewhat a formerly "overprotective" mom of teens, but just what was this 25 year old young man doing with a 15 year old girl out in a park late at night anyway who it was reported also was a father and had children?
The Fair Housing Act violations seem a stretch, since I wonder if those teens even knew about the Fair Housing Act.
And I wonder what MALDEF's bill will be eventually for this one, since there is also a "Justice" Department lawyer involved in prosecuting this case?
Primarily also due to the inconsistent reporting also that has occurred throughout the nation on the case.
With the first inconsistency being just whether or not the victim was a 25 year old American citizen of Mexican descent, or an illegal immigrant.
Sources in the news media have portrayed him as both, and his initial trial was in state court in which the teens involved were convicted of criminal assault in the beating death of Mr. Ramirez, who they encountered in a park where the victim was out with his 15 year old girlfriend late one evening.
Apparently, the group of teens had had too much to drink and were spoiling for a fight, and from all reports insults were hurled prior to the eventual encounter in both directions. I wonder if the proprietor of the establishment who sold those kids the alcohol has also been brought up on charges, since they were, after all, 16 and 17 at the time of this incident and apparently it occurred after a football game.
The teens were also charged with "ethnic intimidation" under state laws at the time of their trials, but apparently those charges were either dismissed or they were found not guilty on those counts.
Much, of course, has been made that an "all white" jury was involved in the state action, and apparently there are also charges that local authorities were involved in some cover-up of the investigation then thereafter, some of whom are scheduled to be brought up on those charges at some later point in time (although this incident occurred more than two years ago).
The community, of course, has been adversely impacted as this is a town that is a magnet for the claimed "Hispanic community" due to the draw of jobs in the agricultural and industrial (factory) sectors. Of course, Pennsylvania's major industrues are in the coal/steel/industrial sector, with many during this recession also hard hit and out of work.
The uncertainty of this young man's immigration status as reported in the media does bear scrutiny as the prosecution in the subsequent federal case has also inconsisgtently been reported as under the "hate crimes" bill recently signed by Congress (about the same time as this incident occurred, it appears, but that also bears scrutiny). Even more strange is that the federal case is actually being prosecuted against the teens as a violation in affording the victim fair housing under the "Fair Housing Act."
Say, what?
Apparently, since the state dismissed the charges against the teens under the state provisions for "ethnic intimidation" the federal government is barred from then bringing an action under the "hate crimes" legislation passed in 2008, or it was an ex-post facto law in any event passed after this particular incident. Or to then proceed and charge the teens with violation of the federal Hate Crimes Act would, in effect, be double jeopardy since the state prosecutor or the jury had dismissed those charges at the state level.
But now prosecuting them under the "Fair Housing" Act?
MALDEF, a federally funded "educational" group, of course, is involved in the prosecution of the case. Another group that stands to benefit from any and all actions which can in any way be deemed a "civil rights" matter - apparently whether brought on behalf of an actual American citizen or not, since the status of this man's citizenship has been reported, at least in the Boston papers, as an "illegal immigrant."
Although one of the Washington news sources reports him as an "American, of Mexican descent."
But I guess if MALDEF is involved then he must be a Mexican-American. Or the federal statute providing for those legal fee awards makes no distinction, since the words "civil rights" are being used quite liberally by the federal prosecutors for this now Fair Housing case.
A tragic incident, and while the state has actually got the technicalities correct in at least the fact that "ethnicity" just may have been a factor, the federal government is using the "racial" discrimination label - when Hispanic is not actually a "race" at all any more than being of German, Irish or Russian descent.
I wonder when those cases will be brought under the Fair Housing Act?
Alcohol and teens do not mix, but then neither do hormones and teens.
When I was growing up in Arizona during even the grammar school years, the "big tree" outside the schoolyard was famous as the site where any and all fights between the pre-teen boys occurred. Although they were equally matched in most cases, at least one-on-one.
But instead of charges of "bullying" as would occur in any other such incident due to this young man being outnumbered at the outset, and by a group of high school teen football players at that, we are charging them under the Fair Housing Act, after they were already convicted of criminal assault?
It seems to me this new "hate crimes" legislation is going to result in an increase in our adolescent jail population also progressively, and of course our deficit for all those legal fees to all these special interest groups on the illegal immigrant gravy train, when if our borders were secured and then the immigration process also then simplified and made less costly for all those from poorer countries especially who wish to immigrate such cases as these just might also progressively decrease.
I just wonder also, will the ACLU be there for the next European-American young male who is beaten by some Mexican gang members in one of the border state neighborhoods in order to protect their civil rights?
I guess that question is rather rhetorical, since the Fair Housing Act doesn't apply to that "ethnic" group.
And with all the demonstrations and unrest that the illegal immigrant and border situation has resulted in these past few years, and actually since the Reagan amnesty in the 1980's as reported in the media night after night, and being used by the politicians for political purposes most of all each and every election, and in this ever spiraling economic tsunami with more and more Americans continuing to be homeless and jobless by the month, is it any wonder that such a mentality would filter down to especially the adolescent males in a small mining town in Pennsylvania.
I mean, this does appear to be another case of federal negligence at the eventual cost of the public at large, and increasing the tensions over this issue.
This community, far from the border, it also has been reported has been "at war" ever since this incident took place.
Which does not excuse what obviously occured and the "mix" of the circumstances, alcohol, and hormones which eventually led to the death of this young man, but is it any wonder?
And call me somewhat a formerly "overprotective" mom of teens, but just what was this 25 year old young man doing with a 15 year old girl out in a park late at night anyway who it was reported also was a father and had children?
The Fair Housing Act violations seem a stretch, since I wonder if those teens even knew about the Fair Housing Act.
And I wonder what MALDEF's bill will be eventually for this one, since there is also a "Justice" Department lawyer involved in prosecuting this case?
Sunday, March 28, 2010
Fox Article On Fiscal Impact on States of Death Penalty Cases
Recently, due to most states still claiming budgetary crises even after the massive stimulus monies which were received by all the states under the Obama Administration and Congress there have been more and more articles directed at Constitutional government duties and provisions which are costing the states and state citizens apparently a bundle.
Today a Fox media article reported such a position with respect to the costs of executing a death row inmate which is straining a great many state budgets, apparently.
However, nowhere in this article, as with so many which are now appearing, has it been pointed out that most of these states would not be facing budgetary crises at all if they also simply constrained themselves to collecting taxation and distributing it first and foremost to provide funding for those legal duties with which they are charged under their state constitutions.
In other words, no matter how much money the states seem to receive from their state citizens in all the levels of taxation also that are in concert with the federal government, it never seems to be enough simply because progressively all states throughout the nation have provided freebies and gimmees also to their selected sovereign subjects at the cost of the state citizenry.
In discretionary expenditures more and more, while then screaming poverty when it comes to providing funding for the public duties and functions which they ARE actually responsible for.
Such is the case with this scenario, it appears to me, along with other more capitalist and selfish motivations.
Yes, death penalty cases are costly due to the number of appeals that are available and accorded most death row inmates.
And unfortunately, the option of the death penalty due to lobbying efforts of various victims groups have expanded even the applicability of that punishment for crimes in which there are or may have been mitigating circumstances for the actual death or death(s) involved.
Many of which clearly were not without precipitating circumstances or motivation, or were not clearly committed upon strangers or the public at large with clear premeditation ("aforethought") involved.
Expanding this ulimate penalty to include technically even many cases of second and third degree murder has resulted in more and more criminals now on death row to begin with and many of whom were convicted by juries which were not in any manner unbiased and independent due to slanted reporting and media coverages such as those that occur on programs such as Nancy Grace, who hardly can be called a journalist but is using her program more as a forum to continue her career as a prosecuting attorney using the national viewing audience as her juries and presenting spins and innuendos in many instances as fact for ratings for her bosses, the clearly commercial corporate media.
Left out is also the fact that there are other crimes now that were in the past misdemeanor offenses which have now been recategorized as felonies due also to pressure from victims groups and commercial interests.
Such as the low level DUIs throughout the country, which involve no property loss or damage, or injury but have escalated into jail sentences which have crowded then the misdemeanor local jails and facilities, and with punishments now that are so cruel and unusual and involving in many states level upon level of punishment, they in no manner reflect the common law provisions of our Constitution in having the punishment fit the crime.
There is even a move now to shift those that involve involuntary manslaughter to second degree murder charges simply due to the fact that the driver of the vehicle was "legally" intoxicated under those low level DUI provisions.
When many of those deaths that keep being brought out to manipulate the public sentiments by the insurance industry and MADD, which has become a temperance organization at its root, involve teens or new drivers where even inexperience or driver error on their part also factor in to some of those deaths, many of which occur late at night on the weekends.
Or during prom week.
As far as the self-interests of the state, it would make sense that an organization such as Fox, which promotes basically British style conservatism in global corporate profits and interests as also being part and parcel of the intent of our founders, which clearly were not hence the Boston Tea Party, would be promoting abolition of the death penalty also using cost/benefit ratios for the state kitties as their means and methods.
Since, after all, many states have also now privatized their local and state jails, and also the federal government has been making moves in this direction, in order to gain further tax revenues and also "create more jobs" in the private sector.
Most of those canteens in the local jails are also privatized at this point, and prior to arrest, of course, all monies of the detainee are seized in order to also feed those local jail canteens and their profit margins and budgets.
Many of which, not surprisingly, are owned by local sheriffs or other law enforcement personnel, in addition to local impound lots.
Which is also why more and more driving offenses are also calling for impoundment of vehicles in many states for non-moving violations even, such as failure to provide proofs of insurance or driver's licenses, even though that information can also be verified through all those newfangled computers most officers in metro cities now have in their vehicles, thanks to those stimulus monies given for the tech industries profits.
Which actually are in violation of the due process protections since no property of a citizens can be seized without a judicial order or warrant, or trial by jury especially since there are many in this country still who hold that due to the fact that even most major metropolitan areas public transportation systems are inadequate, at best, driving is a right and not a privilege at all.
In fact, with all the punishments now that are deemed also by the government attached to those driver's licenses also under the bogus implied consent laws, driving is actually becoming more and more a liability and not a privilege at all, especially due to the fact that the penalties for most minor offenses in this country are now exceeding those for criminal fraud, theft, and bodily injury.
It seems crime in America now is seen as a job and economic stimulus for both the government and those on Wall Street, since also many shares of those "services" and contractors providing both security and merchandise to those jails are listed on the global stock exchange.
The death penalty is clearly Constitutional, but the increase in costs has actually occurred, once again, due to both unlawful privatization by the states of our jails and also the corruption of our state legislatures, penal system and judiciary in not letting the punishments fit the crimes, in most instances, or statutorily ill defining or placing undue barriers on the jury or not sufficiently regulating those commercial media outlets in the name of "free speech" rather than protection of the rights of the accused to a fair and impartial trial by jury, and also affording this extreme option based on then emotion or public pressure from "foreign" sources in the national media pay cable networks.
And it is clear by the Fox spins once again, more profit can be made on those prisoners for state budgets and commercially for the now penal industrial complex, for life sentences without the possibility of parole.
Even for serial killers, murders and rapists without even the remotest possibility of rehabilitation based upon the circumstances and true factual evidence of the crimes themselves as premeditated, without any evidence of any mitigating factors or clear relationship to the victim, and in cold blood, it would appear.
And this, once again, just goes to prove that it is the almighty buck, and not justice, which has now become the focus at both the state, and federal level, and its global corporate policy maker bankers and media moguls.
The interests of justice, fundamental to this country's foundation, is nowhere in the reporting as taken from the reporter's position of state's interests, the actual position the states and this reporter are taking in the reporting itself, which is socialistic in nature, and contrary to the common law for heinous crimes such as first degree, premeditated murder as opposed to second degree (crimes of passion) or voluntary or involuntary manslaughter (auto accidents, accidental deaths).
Cut out the fat from all state's operating expenditures and budgets, and the clear Constitutional intent with respect to this punishment under the common law, and those costs would change if constrained to the intent of the founders based in the common law for such egregious criminal conduct committed by one citizen against another.
In this writer's view, It is not housing death row inmates that are breaking the state's budgets, or the cost of those appeals (which, granted, are also liberally given in some states even outside of evidence which was not heard in the original trials by those juries, or new evidence) but their unconstitutional focuses and budgetary expenditures most of all.
Which position it would appear meets or exceeds such a governmental position, based upon what is now occurring throughout the nation even after all that funny money was provided to those states in now the states increasing the tax burden on the citizens in concert with the federal government, the legal common law standard of "beyond a reasonable doubt," for any such jury determined conviction in a capital criminal matter.
Such representations by the state(s) and state representatives appear to me to be along the lines of criminal fraud or consumer fraud against the public, in and of itself, without taking the obvious in just why most states are facing these budget crises year after year into account.
Could there be underlying motivations for this article, rather than "fair and balanced" reporting?
I mean "privatizing everything" does seem to be the British Conservative/Libertarian positions, which are just as extra-Constitutional as the far left winger socialists in assuming and expanding government power and functions outside Constitutional provision, whether federal or state without the consent of the governed per the 9th.
Which positions then are an unconstitutional transfer of governmental powers, also leaving the citizenry without recourse except then to the "state actor" public/private corporate interest at higher costs overall in increasing the backlog in our courts, and their costs, and then the increased costs for some of the contractual provisions even in those public/private partnerships that the taxpayers then have no knowledge of - and many of which extend from legislative session to legislative session, rather than annually to begin with, creating a snowballing effect of greater and greater budgetary deficits or federally in the overall deficits in the process, just as those trade agreements and peace treaties now run through successive Congressional sessions and even extend from Administration to Administration at this point.
Which is why the Obama Administration and 111th Congress is now holding the bag for all those Bush Administration and Congressional errors, as Bush ended up holding the bag for all those Clinton Administration and Congressional errors.
In a representative government, just how can all these treaties and governmental contracts extend longer than one year, so that the voices of the people can then truly be heard when they become aware of some of these egregious Constitutional violations which for the most part occur after the fact due to more and more closed door sessions and bargaining between these two mainstream politicay parties, such as with this latest travesty, the health care sector stimulus?
I'll let the reader decide, based upon the "fair and balanced" reporting of not simply Fox, but the "corporate" commercially owned mainstream media in general at this point - print, cable and internet for that ad revenue and their bottom line corporate profits also most of all, along with some of the individual state legislators whose job it appears most simply do not even begin to understand.
http://www.foxnews.com/us/2010/03/27/just-cost-death-penalty-killer-state-budgets/
Today a Fox media article reported such a position with respect to the costs of executing a death row inmate which is straining a great many state budgets, apparently.
However, nowhere in this article, as with so many which are now appearing, has it been pointed out that most of these states would not be facing budgetary crises at all if they also simply constrained themselves to collecting taxation and distributing it first and foremost to provide funding for those legal duties with which they are charged under their state constitutions.
In other words, no matter how much money the states seem to receive from their state citizens in all the levels of taxation also that are in concert with the federal government, it never seems to be enough simply because progressively all states throughout the nation have provided freebies and gimmees also to their selected sovereign subjects at the cost of the state citizenry.
In discretionary expenditures more and more, while then screaming poverty when it comes to providing funding for the public duties and functions which they ARE actually responsible for.
Such is the case with this scenario, it appears to me, along with other more capitalist and selfish motivations.
Yes, death penalty cases are costly due to the number of appeals that are available and accorded most death row inmates.
And unfortunately, the option of the death penalty due to lobbying efforts of various victims groups have expanded even the applicability of that punishment for crimes in which there are or may have been mitigating circumstances for the actual death or death(s) involved.
Many of which clearly were not without precipitating circumstances or motivation, or were not clearly committed upon strangers or the public at large with clear premeditation ("aforethought") involved.
Expanding this ulimate penalty to include technically even many cases of second and third degree murder has resulted in more and more criminals now on death row to begin with and many of whom were convicted by juries which were not in any manner unbiased and independent due to slanted reporting and media coverages such as those that occur on programs such as Nancy Grace, who hardly can be called a journalist but is using her program more as a forum to continue her career as a prosecuting attorney using the national viewing audience as her juries and presenting spins and innuendos in many instances as fact for ratings for her bosses, the clearly commercial corporate media.
Left out is also the fact that there are other crimes now that were in the past misdemeanor offenses which have now been recategorized as felonies due also to pressure from victims groups and commercial interests.
Such as the low level DUIs throughout the country, which involve no property loss or damage, or injury but have escalated into jail sentences which have crowded then the misdemeanor local jails and facilities, and with punishments now that are so cruel and unusual and involving in many states level upon level of punishment, they in no manner reflect the common law provisions of our Constitution in having the punishment fit the crime.
There is even a move now to shift those that involve involuntary manslaughter to second degree murder charges simply due to the fact that the driver of the vehicle was "legally" intoxicated under those low level DUI provisions.
When many of those deaths that keep being brought out to manipulate the public sentiments by the insurance industry and MADD, which has become a temperance organization at its root, involve teens or new drivers where even inexperience or driver error on their part also factor in to some of those deaths, many of which occur late at night on the weekends.
Or during prom week.
As far as the self-interests of the state, it would make sense that an organization such as Fox, which promotes basically British style conservatism in global corporate profits and interests as also being part and parcel of the intent of our founders, which clearly were not hence the Boston Tea Party, would be promoting abolition of the death penalty also using cost/benefit ratios for the state kitties as their means and methods.
Since, after all, many states have also now privatized their local and state jails, and also the federal government has been making moves in this direction, in order to gain further tax revenues and also "create more jobs" in the private sector.
Most of those canteens in the local jails are also privatized at this point, and prior to arrest, of course, all monies of the detainee are seized in order to also feed those local jail canteens and their profit margins and budgets.
Many of which, not surprisingly, are owned by local sheriffs or other law enforcement personnel, in addition to local impound lots.
Which is also why more and more driving offenses are also calling for impoundment of vehicles in many states for non-moving violations even, such as failure to provide proofs of insurance or driver's licenses, even though that information can also be verified through all those newfangled computers most officers in metro cities now have in their vehicles, thanks to those stimulus monies given for the tech industries profits.
Which actually are in violation of the due process protections since no property of a citizens can be seized without a judicial order or warrant, or trial by jury especially since there are many in this country still who hold that due to the fact that even most major metropolitan areas public transportation systems are inadequate, at best, driving is a right and not a privilege at all.
In fact, with all the punishments now that are deemed also by the government attached to those driver's licenses also under the bogus implied consent laws, driving is actually becoming more and more a liability and not a privilege at all, especially due to the fact that the penalties for most minor offenses in this country are now exceeding those for criminal fraud, theft, and bodily injury.
It seems crime in America now is seen as a job and economic stimulus for both the government and those on Wall Street, since also many shares of those "services" and contractors providing both security and merchandise to those jails are listed on the global stock exchange.
The death penalty is clearly Constitutional, but the increase in costs has actually occurred, once again, due to both unlawful privatization by the states of our jails and also the corruption of our state legislatures, penal system and judiciary in not letting the punishments fit the crimes, in most instances, or statutorily ill defining or placing undue barriers on the jury or not sufficiently regulating those commercial media outlets in the name of "free speech" rather than protection of the rights of the accused to a fair and impartial trial by jury, and also affording this extreme option based on then emotion or public pressure from "foreign" sources in the national media pay cable networks.
And it is clear by the Fox spins once again, more profit can be made on those prisoners for state budgets and commercially for the now penal industrial complex, for life sentences without the possibility of parole.
Even for serial killers, murders and rapists without even the remotest possibility of rehabilitation based upon the circumstances and true factual evidence of the crimes themselves as premeditated, without any evidence of any mitigating factors or clear relationship to the victim, and in cold blood, it would appear.
And this, once again, just goes to prove that it is the almighty buck, and not justice, which has now become the focus at both the state, and federal level, and its global corporate policy maker bankers and media moguls.
The interests of justice, fundamental to this country's foundation, is nowhere in the reporting as taken from the reporter's position of state's interests, the actual position the states and this reporter are taking in the reporting itself, which is socialistic in nature, and contrary to the common law for heinous crimes such as first degree, premeditated murder as opposed to second degree (crimes of passion) or voluntary or involuntary manslaughter (auto accidents, accidental deaths).
Cut out the fat from all state's operating expenditures and budgets, and the clear Constitutional intent with respect to this punishment under the common law, and those costs would change if constrained to the intent of the founders based in the common law for such egregious criminal conduct committed by one citizen against another.
In this writer's view, It is not housing death row inmates that are breaking the state's budgets, or the cost of those appeals (which, granted, are also liberally given in some states even outside of evidence which was not heard in the original trials by those juries, or new evidence) but their unconstitutional focuses and budgetary expenditures most of all.
Which position it would appear meets or exceeds such a governmental position, based upon what is now occurring throughout the nation even after all that funny money was provided to those states in now the states increasing the tax burden on the citizens in concert with the federal government, the legal common law standard of "beyond a reasonable doubt," for any such jury determined conviction in a capital criminal matter.
Such representations by the state(s) and state representatives appear to me to be along the lines of criminal fraud or consumer fraud against the public, in and of itself, without taking the obvious in just why most states are facing these budget crises year after year into account.
Could there be underlying motivations for this article, rather than "fair and balanced" reporting?
I mean "privatizing everything" does seem to be the British Conservative/Libertarian positions, which are just as extra-Constitutional as the far left winger socialists in assuming and expanding government power and functions outside Constitutional provision, whether federal or state without the consent of the governed per the 9th.
Which positions then are an unconstitutional transfer of governmental powers, also leaving the citizenry without recourse except then to the "state actor" public/private corporate interest at higher costs overall in increasing the backlog in our courts, and their costs, and then the increased costs for some of the contractual provisions even in those public/private partnerships that the taxpayers then have no knowledge of - and many of which extend from legislative session to legislative session, rather than annually to begin with, creating a snowballing effect of greater and greater budgetary deficits or federally in the overall deficits in the process, just as those trade agreements and peace treaties now run through successive Congressional sessions and even extend from Administration to Administration at this point.
Which is why the Obama Administration and 111th Congress is now holding the bag for all those Bush Administration and Congressional errors, as Bush ended up holding the bag for all those Clinton Administration and Congressional errors.
In a representative government, just how can all these treaties and governmental contracts extend longer than one year, so that the voices of the people can then truly be heard when they become aware of some of these egregious Constitutional violations which for the most part occur after the fact due to more and more closed door sessions and bargaining between these two mainstream politicay parties, such as with this latest travesty, the health care sector stimulus?
I'll let the reader decide, based upon the "fair and balanced" reporting of not simply Fox, but the "corporate" commercially owned mainstream media in general at this point - print, cable and internet for that ad revenue and their bottom line corporate profits also most of all, along with some of the individual state legislators whose job it appears most simply do not even begin to understand.
http://www.foxnews.com/us/2010/03/27/just-cost-death-penalty-killer-state-budgets/
Sunday, March 7, 2010
Texas Judge Rules Death Penalty Unconstitutional?
There's a storm brewing in Texas, it appears, over a recent ruling by a state district court judge in Houston on a murder trial.
Justice Kevin Fine, a Democrat, made a pre-trial ruling in Texas court that the death penalty was unconstitutional under Texas law.
Although his position appears to be not in accordance with the wording of the Constitution itself (U.S., that is, which would take precedence in all death penalty cases), but for moral reasons stating that it was logical to assume that there had been innocent people put to death in the past, and that he didn't think this was society's mindset right now.
"Selective" governmental initiated socialism once again rears its ugly head, since there are many in this country that would heartily disagree, if a clear reading of the Constitution itself is given any weight.
With all the criticism that has come down upon the judiciary for ruling from the bench for political reasons most of all rather than "legal" ones with judges being cognizant of just what the "law" actually is in such instances, this actually does take the cake, in my opinion.
Although the press once again went a little off the deep end in headlining a great many of the stories with a description of the judge involved as "tatted" and an ex-cocaine addict.
Of course, the hypocricy at this point in our history was missed if such a personal observation were to be used by the media in its reporting on this judge's ruling. Since it is interesting that a judge that is an admitted ex-addict (engaging in felony conduct under current Texas law) is now serving on the bench, where a great many of those that are or have been convicted under Texas law of felonies are not even afforded an opportunity to vote for the rest of their lives even after serving their time.
It makes one wonder with all the clear language in the Constitution yet his stated reasons given for his holding, if just maybe he might be suffering from what the 60's generation termed "flashbacks," or possibly his brain quite possibly affected if he was a heavy, long term user of that substance which definitely has a chemical affect on the brain.
However, what was missing in the reporting is that as an elected official he is also affiliated through a political party that has taken a platform and stand in the past against the death penalty throughout the country for any reason under pressure and lobbying from such "global" groups as Amnesty International, the Innocense Project (out of New York, a "civil rights" group headed by lawyers and as such under federal laws which have been passed taxpayer funded through reimbursements for legal fees, yet incorporated in New York it appears, but with also branches internationally) and many others.
Since that statute providing for reimbursement for legal fees incurred in bringing civil rights actions, a plethora of these lawyer lead groups have emerged also engaging in national then lobbying efforts as a sideline, rather than the independent or small pro bono groups of the past whose fees are strictly provided by private donations.
To state that it is "unconstitutional" under the Texas or U.S. Constitution rather than in his party's view, "immoral", is a blatant redefinition, once again, of the English language and the 14th Amendment.
And the fact that the death penalty was handed down in many, many instances by those founders for reasons other than capital murder.
Such as treason on that Constitution. Which actually is the highest criminal offense by an elected or appointed government official, even higher than capital murder.
He used the "due process" clause somehow in his ruling, however, the 14th amendment clearly simply states that a criminal in this country that is accused of a heinous crime involving the taking of another citizen's life, or their property even (since horse thieves were also handed down the death penalty in Texas and in many states throughout the nation, theft of personal property was also a major capital criminal offense), an American is entitled to not "mob violence," but a review and trial by a jury of his peers (due process) in the state and jurisdiction in which the alleged crime occurred, and a chance to then face his accusers and hear and repute the evidence against him.
I am unaware of just how the provisions in Texas's criminal code are written since now the states have taken it upon themselves also to either expand, or water down, the U.S. Constitution in this respect also progressively through their legislative processes, but whether or not the death penalty is Constitutional or not since it is actually addressed within the language of the Constitution itself, speaks for itself.
Or the fact that "res ipsa loquitur" (the thing as it speaks) is the common law provision which is supposed to be rule of law with respect to Constitutional interpretation clearly also was the founders intent as it is a contract between the government itself and its people, and the Bill of Rights were meant to give the people, not the government, the ultimate power in any such matter involving ANY civil or criminal offense committed by a citizen in this country.
And solidified by the 14th's clear language then prohibiting any citizen from being deprived of his "life, liberty or property" without such a right to due process, or that "trial by jury."
It appears to me that more and more the judiciary are using court rules, and legal shennagians in order to actually circumvent and neutralize the power of the jury in this country more and more.
First, by removing even that right for many criminal charges, not to mention civil offenses in ever increasing numbers, the most recent of which are now the low level DUI and "social drinking" taxes and charges with those per se laws based on a proven fallable method of testing, when unless there is property damage or bodily injury and direct victim involved is truly really under the intent of the founders and common law also, a civil offense actually to begin with.
The breathalyzer, which does not measure blood alcohol at all, but measures the concentration of alcohol (or any number of other agents) in a person's breath.
Which, when using or eating any number of other substances, other than alcohol, can affect those test results tremendously.
In fact, the interlock devices that are manufactured and ordered to be used by many who have been arrested or found themselves "guilty until proven innocent" in such matters warns not to eat bread (the yeast can affect the interlock device with a false reading).
But in the instance of the death penalty in this country, I would more understand this judge's ruling at an earlier time in our history, when the evidentiary standards for a death penalty case were much, much more lenient than in most state courts today.
The standard, after all, is "beyond a reasonable doubt," and what has occurred, however, is that more and more high profile crimes are being tried in the media and politics and public opinions are being swayed even before many of these individuals have had the opportunity to answer or even make their pleas.
The lines between the "public's right to know" and protecting the accused have gone by the wayside when the local news media is so hard pressed for news these days due to competition and "corporate" ownership concerned with the bottom line most of all than ethical standards, that most of the local news stations are more similar to Entertainment Tonight than actual news sources so biased, sensationalized and gossipy is their coverage.
And, after all, there are several different charges that should be placed before a jury in any murder trial in many instances, and not determined by a judge or the state prosecutor's office acting independently to begin with.
Voluntary or involuntary manslaughter (auto accidents, etc.), murder in the second degree (crimes of passion, precipitated or between individuals known to each other) and murder in the first degree (pre-meditated, unprecipitated murder).
This case apparently has to do with the shooting death of a woman in Houston during a robbery in which there were, apparently, witnesses to what actually occurred - an adult sister and her own children.
Now that many of these states have privatized their state prisons and are receiving federal grant monies and profits on the prison population by the head, I would expect that we will see more and more of such rulings as most of these states attempt to squeeze every dollar out of the public they can since people, even prisoners, are now commerce.
I hate to dispute this judge's stated reasons, there are now throughout the nation more and more minor offenses being criminalized in order to increase that prison population for revenue purposes as a "mitigating" factor in why our prisons are now bulging at the seams, and mostly with low level misdemeanor offenders guilty of actually victimless crimes at that.
Or more and more of such instances are occurring in order to also bulk up local court's budgets due to the fact that the Bar Association itself lobbied for a law providing for legal fee awards on their behalf for any and all cases involving civil rights actions, and this case is being prosecuted by the county attorney's office and a public defender it appears representing the accused.
So this off the wall rendering could be and most likely is, in my opinion based on the information available through our somewhat sensationalized media, politically motivated, since now the state can also gain revenue from the lengthy federal appeals process over this judge's bench ruling which obviously blatantly flies in the face of the Constitution's clear language and make money for the state coffers then while so doing.
Harris County apparently is a county which leads the nation in death penalty cases, and appears just may be one of the more poorly funded districts in the state to begin with due to the amount of poorer or indigent people living in that county.
Maybe their share of the stimulus wasn't enough, since Governor Perry refused some of those sums according to his most recent election campaign jargon, or maybe those sums which were handed out for state budgetary purposes just didn't get to Harris County but stayed in Austin.
After all, our entire country's government at this point is so unconstitutional, taking such a position in light of all the Constitutional violations going on due to the entire convoluted framework as outside Constitutional intent and parameters of our government makes this position both questionable, and almost laughable.
I would agree, however, with this judge that most likely there have been individuals that have been put to death in this country who MAY have been innocent of first degree murder, or unprecipitated murder as under the common law definitions demanding the ultimate penalty under the law - forfeiture of life.
But we aren't putting to death horse thieves anymore (or car thieves), and with the number of appeals now available to most death row inmates, there have also been those that have decided not to pursue the appeals process and even waived it.
I do feel that such drastic punishment should be reserved for those that are deemed by a jury, upon factual evidence and eyewitness testimony or truly "weighted" evidence, and should be used only according to the stated law: against those who, for whatever reason, murder innocent people as in the case of a robbery gone wrong as this appears on the surface, or many of these serial killers who cannot be rehabilitated in any way to be trusted to live among society, or at the very least, incarcerated without the possibility of parole, when there are no "mitigating" circumstances leading up to it.
But "unconstitutional," only if we are again, judicially redefining the English language and not the words of the founders or their intent since the 14th only cements what was their clear purpose at the signing as a government "of the people."
It is the jury that has the right to throw out the death penalty, if they so deem the facts of the case at hand demands it or is "societally" unacceptable in their view under the circumstances, and weight should also be given to the victim's family in such a rendering as the actual victims of the particular crime and who those prosecutors are actually supposed to be their "clients" acting for the victim's family members, state and its citizens on their behalf.
And without a clear vote of the people of Texas in any event, it would seem our judiciary is getting more and more bold in some of their fabrications and renderings now at every level balanced against their oaths of office, since the wording is pretty clear.
Or corrupted by the public opinion polls and media itself in now how many outside "globally" focused agitators and groups are getting involved in U.S. political matters to begin with, since it appears global socialism and "international" law rather than our Constitution's language itself is a trend that is also occurring at the highest level in some rather recent Supreme Court rulings and renderings.
Protection of the accused American is foremost under our stated Constitutuion. And the jury was and is intended to be that protection, baring any corruption of the jury itself.
And if it is "cruel and unusual" punishment insofar as premeditated homicide is concerned, then our jails are full of people at this point that are being incarcerated without even the right to trial by juries in a great many misdemeanor offenses more and more, and some of these misdemeanor offenders have died in local jails and prisons that were "cruel and unusual" in their facilities to begin with.
Dehydrations of low level offenders recently in some in the West, even. Where the "punishments" now truly do not fit those crimes, and made without any review or oversight of judicial renderings rather than at the will of the people based on the evidence.
Gee, maybe he should have been the judge ruling over the Teri Schiavo matter in Florida. If it is immoral or "unconstitutional" and "cruel and unusual" punishment to sentence a convicted murderer to death, then just what was it to sentence a handicapped, innocent 40 year old woman?
Where was Amnesty International then, I ask?
http://blogs.wsj.com/law/2010/03/05/tatted-up-texas-judge-declares-death-penalty-unconstitutional/tab/article/
Yet, this is what is going on in Harris County with respect to misdemeanor offenders with outstanding mostly civil court traffic violations:
http://www.khou.com/news/local/Harris-County-sweeping-minor-offenders-in-Great-Texas-Warrant-Roundup-86726392.html
Justice Kevin Fine, a Democrat, made a pre-trial ruling in Texas court that the death penalty was unconstitutional under Texas law.
Although his position appears to be not in accordance with the wording of the Constitution itself (U.S., that is, which would take precedence in all death penalty cases), but for moral reasons stating that it was logical to assume that there had been innocent people put to death in the past, and that he didn't think this was society's mindset right now.
"Selective" governmental initiated socialism once again rears its ugly head, since there are many in this country that would heartily disagree, if a clear reading of the Constitution itself is given any weight.
With all the criticism that has come down upon the judiciary for ruling from the bench for political reasons most of all rather than "legal" ones with judges being cognizant of just what the "law" actually is in such instances, this actually does take the cake, in my opinion.
Although the press once again went a little off the deep end in headlining a great many of the stories with a description of the judge involved as "tatted" and an ex-cocaine addict.
Of course, the hypocricy at this point in our history was missed if such a personal observation were to be used by the media in its reporting on this judge's ruling. Since it is interesting that a judge that is an admitted ex-addict (engaging in felony conduct under current Texas law) is now serving on the bench, where a great many of those that are or have been convicted under Texas law of felonies are not even afforded an opportunity to vote for the rest of their lives even after serving their time.
It makes one wonder with all the clear language in the Constitution yet his stated reasons given for his holding, if just maybe he might be suffering from what the 60's generation termed "flashbacks," or possibly his brain quite possibly affected if he was a heavy, long term user of that substance which definitely has a chemical affect on the brain.
However, what was missing in the reporting is that as an elected official he is also affiliated through a political party that has taken a platform and stand in the past against the death penalty throughout the country for any reason under pressure and lobbying from such "global" groups as Amnesty International, the Innocense Project (out of New York, a "civil rights" group headed by lawyers and as such under federal laws which have been passed taxpayer funded through reimbursements for legal fees, yet incorporated in New York it appears, but with also branches internationally) and many others.
Since that statute providing for reimbursement for legal fees incurred in bringing civil rights actions, a plethora of these lawyer lead groups have emerged also engaging in national then lobbying efforts as a sideline, rather than the independent or small pro bono groups of the past whose fees are strictly provided by private donations.
To state that it is "unconstitutional" under the Texas or U.S. Constitution rather than in his party's view, "immoral", is a blatant redefinition, once again, of the English language and the 14th Amendment.
And the fact that the death penalty was handed down in many, many instances by those founders for reasons other than capital murder.
Such as treason on that Constitution. Which actually is the highest criminal offense by an elected or appointed government official, even higher than capital murder.
He used the "due process" clause somehow in his ruling, however, the 14th amendment clearly simply states that a criminal in this country that is accused of a heinous crime involving the taking of another citizen's life, or their property even (since horse thieves were also handed down the death penalty in Texas and in many states throughout the nation, theft of personal property was also a major capital criminal offense), an American is entitled to not "mob violence," but a review and trial by a jury of his peers (due process) in the state and jurisdiction in which the alleged crime occurred, and a chance to then face his accusers and hear and repute the evidence against him.
I am unaware of just how the provisions in Texas's criminal code are written since now the states have taken it upon themselves also to either expand, or water down, the U.S. Constitution in this respect also progressively through their legislative processes, but whether or not the death penalty is Constitutional or not since it is actually addressed within the language of the Constitution itself, speaks for itself.
Or the fact that "res ipsa loquitur" (the thing as it speaks) is the common law provision which is supposed to be rule of law with respect to Constitutional interpretation clearly also was the founders intent as it is a contract between the government itself and its people, and the Bill of Rights were meant to give the people, not the government, the ultimate power in any such matter involving ANY civil or criminal offense committed by a citizen in this country.
And solidified by the 14th's clear language then prohibiting any citizen from being deprived of his "life, liberty or property" without such a right to due process, or that "trial by jury."
It appears to me that more and more the judiciary are using court rules, and legal shennagians in order to actually circumvent and neutralize the power of the jury in this country more and more.
First, by removing even that right for many criminal charges, not to mention civil offenses in ever increasing numbers, the most recent of which are now the low level DUI and "social drinking" taxes and charges with those per se laws based on a proven fallable method of testing, when unless there is property damage or bodily injury and direct victim involved is truly really under the intent of the founders and common law also, a civil offense actually to begin with.
The breathalyzer, which does not measure blood alcohol at all, but measures the concentration of alcohol (or any number of other agents) in a person's breath.
Which, when using or eating any number of other substances, other than alcohol, can affect those test results tremendously.
In fact, the interlock devices that are manufactured and ordered to be used by many who have been arrested or found themselves "guilty until proven innocent" in such matters warns not to eat bread (the yeast can affect the interlock device with a false reading).
But in the instance of the death penalty in this country, I would more understand this judge's ruling at an earlier time in our history, when the evidentiary standards for a death penalty case were much, much more lenient than in most state courts today.
The standard, after all, is "beyond a reasonable doubt," and what has occurred, however, is that more and more high profile crimes are being tried in the media and politics and public opinions are being swayed even before many of these individuals have had the opportunity to answer or even make their pleas.
The lines between the "public's right to know" and protecting the accused have gone by the wayside when the local news media is so hard pressed for news these days due to competition and "corporate" ownership concerned with the bottom line most of all than ethical standards, that most of the local news stations are more similar to Entertainment Tonight than actual news sources so biased, sensationalized and gossipy is their coverage.
And, after all, there are several different charges that should be placed before a jury in any murder trial in many instances, and not determined by a judge or the state prosecutor's office acting independently to begin with.
Voluntary or involuntary manslaughter (auto accidents, etc.), murder in the second degree (crimes of passion, precipitated or between individuals known to each other) and murder in the first degree (pre-meditated, unprecipitated murder).
This case apparently has to do with the shooting death of a woman in Houston during a robbery in which there were, apparently, witnesses to what actually occurred - an adult sister and her own children.
Now that many of these states have privatized their state prisons and are receiving federal grant monies and profits on the prison population by the head, I would expect that we will see more and more of such rulings as most of these states attempt to squeeze every dollar out of the public they can since people, even prisoners, are now commerce.
I hate to dispute this judge's stated reasons, there are now throughout the nation more and more minor offenses being criminalized in order to increase that prison population for revenue purposes as a "mitigating" factor in why our prisons are now bulging at the seams, and mostly with low level misdemeanor offenders guilty of actually victimless crimes at that.
Or more and more of such instances are occurring in order to also bulk up local court's budgets due to the fact that the Bar Association itself lobbied for a law providing for legal fee awards on their behalf for any and all cases involving civil rights actions, and this case is being prosecuted by the county attorney's office and a public defender it appears representing the accused.
So this off the wall rendering could be and most likely is, in my opinion based on the information available through our somewhat sensationalized media, politically motivated, since now the state can also gain revenue from the lengthy federal appeals process over this judge's bench ruling which obviously blatantly flies in the face of the Constitution's clear language and make money for the state coffers then while so doing.
Harris County apparently is a county which leads the nation in death penalty cases, and appears just may be one of the more poorly funded districts in the state to begin with due to the amount of poorer or indigent people living in that county.
Maybe their share of the stimulus wasn't enough, since Governor Perry refused some of those sums according to his most recent election campaign jargon, or maybe those sums which were handed out for state budgetary purposes just didn't get to Harris County but stayed in Austin.
After all, our entire country's government at this point is so unconstitutional, taking such a position in light of all the Constitutional violations going on due to the entire convoluted framework as outside Constitutional intent and parameters of our government makes this position both questionable, and almost laughable.
I would agree, however, with this judge that most likely there have been individuals that have been put to death in this country who MAY have been innocent of first degree murder, or unprecipitated murder as under the common law definitions demanding the ultimate penalty under the law - forfeiture of life.
But we aren't putting to death horse thieves anymore (or car thieves), and with the number of appeals now available to most death row inmates, there have also been those that have decided not to pursue the appeals process and even waived it.
I do feel that such drastic punishment should be reserved for those that are deemed by a jury, upon factual evidence and eyewitness testimony or truly "weighted" evidence, and should be used only according to the stated law: against those who, for whatever reason, murder innocent people as in the case of a robbery gone wrong as this appears on the surface, or many of these serial killers who cannot be rehabilitated in any way to be trusted to live among society, or at the very least, incarcerated without the possibility of parole, when there are no "mitigating" circumstances leading up to it.
But "unconstitutional," only if we are again, judicially redefining the English language and not the words of the founders or their intent since the 14th only cements what was their clear purpose at the signing as a government "of the people."
It is the jury that has the right to throw out the death penalty, if they so deem the facts of the case at hand demands it or is "societally" unacceptable in their view under the circumstances, and weight should also be given to the victim's family in such a rendering as the actual victims of the particular crime and who those prosecutors are actually supposed to be their "clients" acting for the victim's family members, state and its citizens on their behalf.
And without a clear vote of the people of Texas in any event, it would seem our judiciary is getting more and more bold in some of their fabrications and renderings now at every level balanced against their oaths of office, since the wording is pretty clear.
Or corrupted by the public opinion polls and media itself in now how many outside "globally" focused agitators and groups are getting involved in U.S. political matters to begin with, since it appears global socialism and "international" law rather than our Constitution's language itself is a trend that is also occurring at the highest level in some rather recent Supreme Court rulings and renderings.
Protection of the accused American is foremost under our stated Constitutuion. And the jury was and is intended to be that protection, baring any corruption of the jury itself.
And if it is "cruel and unusual" punishment insofar as premeditated homicide is concerned, then our jails are full of people at this point that are being incarcerated without even the right to trial by juries in a great many misdemeanor offenses more and more, and some of these misdemeanor offenders have died in local jails and prisons that were "cruel and unusual" in their facilities to begin with.
Dehydrations of low level offenders recently in some in the West, even. Where the "punishments" now truly do not fit those crimes, and made without any review or oversight of judicial renderings rather than at the will of the people based on the evidence.
Gee, maybe he should have been the judge ruling over the Teri Schiavo matter in Florida. If it is immoral or "unconstitutional" and "cruel and unusual" punishment to sentence a convicted murderer to death, then just what was it to sentence a handicapped, innocent 40 year old woman?
Where was Amnesty International then, I ask?
http://blogs.wsj.com/law/2010/03/05/tatted-up-texas-judge-declares-death-penalty-unconstitutional/tab/article/
Yet, this is what is going on in Harris County with respect to misdemeanor offenders with outstanding mostly civil court traffic violations:
http://www.khou.com/news/local/Harris-County-sweeping-minor-offenders-in-Great-Texas-Warrant-Roundup-86726392.html
Monday, March 1, 2010
SeaWorld Shamus Gone Wild: 2007 Cal/OSHA Report Quashed?
In doing further research due to mainstream media reports regarding last week's death of an experienced trainer at SeaWorld Orlando, I came across an investigative report published by the local news media in San Diego from 2007 with respect to an incident which occurred at the San Diego SeaWorld Park and then was subsequently investigated by Cal/OSHA.
Strangely enough, during the investigation of the 2007 incident, another incident came to light from 1987 involving a whale I am more than familiar with, Orky, that was aggressively pursuing a female trainer at a show me and my family attended back in 1983-84 before Marineland of the Pacific was purchased by SeaWorld and then closed, and Orky then subsequently transferred to SeaWorld San Diego.
During the 1987 incident, Orky apparently did get a male trainer against the ropes, as it were, which resulted in some broken bones and lacerations to the trainer's internal organs after being thrashed around.
Apparently, even after this 2007 incident, there was little change instituted with respect to true protection of those trainers such as mandating provision of life saving equipment (such as guns or harpoons) be available during training sessions or shows in order to protect the human population from such reoccurrences back then, other than those "noise buckets" most that have attended those shows have either seen, or if as in my family's experience, saw them actually used in order to distract or redirect the whale's attention.
But does appear they can be singleminded in their quests for either attention, or communicating their displeasure, if so inclined.
In fact, it appears from this article, that the OSHA review was quite cursory, and conducted by the state, rather than federal, OSHA authorities although this park is now not simply a national commercial conglomerate and venture, owned now by a global investment company out of New York to boot, but also a global park and industry.
The argument, of course, the park used was that they were "visited" by the U.S. Department of Agriculture two or three times a year, and had had no previous violations during this investigation.
And that Cal/OSHA "wasn't qualifed" to conducted the investigations, it appears, so the files in that matter were successfully supressed by the legal team for SeaWorld, who indicated that the USDA had oversight.
My reaction to that, though, is that it is my understanding that the USDA's primary concerns in visiting the park would be the food safety as a public venue, and just what type of inspection would they conduct with respect to these whales and their interactions with the trainers, other than check them for any viruses or communicable diseases that might contaminate any food sources consumed by the public?
Whereas OSHA is supposed to be charged with protecting the job site and working conditions of the trainers and staff, and would be the most definitely the appropriate state and federal authorities to so do with jobsite safety issues.
Apparently, Cal/OSHA is merely conducting "reactive" visits to these parks and not pro-active ones, since it apparently closed its file on SeaWorld after it's investigation of this 2007 incident after losing that round after the 2007 incident in a California court was either suppressed or ignored, and I would assume since OSHA is an agency that is over thirty to forty years old, the incident with Orky from 1987 which involved a male trainer who was slammed around by the whale that was the same one that was involved in the incident in 1983-84 that we viewed agressively challenging and chasing a female trainer, who then subsequently went after a male trainer that attempted to intervene and assist the "pursued" female trainer was simply viewed as the "risks" of the job by higher level management and most likely not reported at all.
Where has the federal OSHA authorities been due to the fact that this is fundamentally a national (and global) chain?
No one was hurt, luckily, in that 2003-2004 incident.
Let's hope the investigation into this latest tragedy involving another male orca that was captured in the wild, one that is linked now to three separate deaths in two different parks, results in some measure of protection for those trainers.
Perhaps in giving some credence to those suggestions some of those trainers made to the Cal/OSHA authorities as contained in this article which also apparently were ignored by corporate in order to reduce the risks which have now resulted in a violent death in Orlando.
In any event, just maybe if there had been harpoons and guns available to those trainers as a real distraction, or fewer shows and less stimulation of them since this "new and improved" show "Believe" I understand involves quite a bit of high tech gadgetry and stunts from all reports - Ms. Brancheau just might still be alive.
I mean there are actually about three to four of these shows per day, and now even huge screen TV's and loud, loud speakers with high tech "new age" type music accompanying the story line, and that would get on my nerves if I had to listen to it daily, much less three or four times per day.
But not to have adequate protectionary measures in force, or "shoot to kill" orders for some of these incidences that have subsequently resulted in human injury and now even multiple deaths begs the question, just whose life is more important?
I mean, there are no shortages of whales in captivity actually, as there are and have been numerous calves born each and every year due to the increase in the captive whale populations and their breeding programs throughout the world due to SeaWorld's past success as a commercial/educational venture in their efforts to domesticate and study them under their prior ownership, in large part.
And with tickets at over $250-300 for the average family for a visit to their parks, it would seem their profit margins have soared since the early days, and at this point, would seem to me that orcas like Tilly (and Orky before) are more of a liability than asset, what with all those vet bills and other expenses that are piling up as more and more of these incidents have occurred.
But I found really no published reports at this point tracking just how many injuries, major or minor, these trainers have been subjected to since it appears OSHA is not a frequent visitor pro-actively, nor logging or following up comprehensively on some of these reports at this now global billion dollar theme park enterprise.
Or apparently only superficially acting on them, or being quashed into submission due to corporate special interests at the state level that apparently have been sealing records, and using the California court system, at least, in order to silence and intimidate the critics, both from the public and even some in the field of animal science.
Or, perhaps in the case of some of those affected trainers, potentially the unemployment line?
http://www.10news.com/news/13343165/detail.html
Strangely enough, during the investigation of the 2007 incident, another incident came to light from 1987 involving a whale I am more than familiar with, Orky, that was aggressively pursuing a female trainer at a show me and my family attended back in 1983-84 before Marineland of the Pacific was purchased by SeaWorld and then closed, and Orky then subsequently transferred to SeaWorld San Diego.
During the 1987 incident, Orky apparently did get a male trainer against the ropes, as it were, which resulted in some broken bones and lacerations to the trainer's internal organs after being thrashed around.
Apparently, even after this 2007 incident, there was little change instituted with respect to true protection of those trainers such as mandating provision of life saving equipment (such as guns or harpoons) be available during training sessions or shows in order to protect the human population from such reoccurrences back then, other than those "noise buckets" most that have attended those shows have either seen, or if as in my family's experience, saw them actually used in order to distract or redirect the whale's attention.
But does appear they can be singleminded in their quests for either attention, or communicating their displeasure, if so inclined.
In fact, it appears from this article, that the OSHA review was quite cursory, and conducted by the state, rather than federal, OSHA authorities although this park is now not simply a national commercial conglomerate and venture, owned now by a global investment company out of New York to boot, but also a global park and industry.
The argument, of course, the park used was that they were "visited" by the U.S. Department of Agriculture two or three times a year, and had had no previous violations during this investigation.
And that Cal/OSHA "wasn't qualifed" to conducted the investigations, it appears, so the files in that matter were successfully supressed by the legal team for SeaWorld, who indicated that the USDA had oversight.
My reaction to that, though, is that it is my understanding that the USDA's primary concerns in visiting the park would be the food safety as a public venue, and just what type of inspection would they conduct with respect to these whales and their interactions with the trainers, other than check them for any viruses or communicable diseases that might contaminate any food sources consumed by the public?
Whereas OSHA is supposed to be charged with protecting the job site and working conditions of the trainers and staff, and would be the most definitely the appropriate state and federal authorities to so do with jobsite safety issues.
Apparently, Cal/OSHA is merely conducting "reactive" visits to these parks and not pro-active ones, since it apparently closed its file on SeaWorld after it's investigation of this 2007 incident after losing that round after the 2007 incident in a California court was either suppressed or ignored, and I would assume since OSHA is an agency that is over thirty to forty years old, the incident with Orky from 1987 which involved a male trainer who was slammed around by the whale that was the same one that was involved in the incident in 1983-84 that we viewed agressively challenging and chasing a female trainer, who then subsequently went after a male trainer that attempted to intervene and assist the "pursued" female trainer was simply viewed as the "risks" of the job by higher level management and most likely not reported at all.
Where has the federal OSHA authorities been due to the fact that this is fundamentally a national (and global) chain?
No one was hurt, luckily, in that 2003-2004 incident.
Let's hope the investigation into this latest tragedy involving another male orca that was captured in the wild, one that is linked now to three separate deaths in two different parks, results in some measure of protection for those trainers.
Perhaps in giving some credence to those suggestions some of those trainers made to the Cal/OSHA authorities as contained in this article which also apparently were ignored by corporate in order to reduce the risks which have now resulted in a violent death in Orlando.
In any event, just maybe if there had been harpoons and guns available to those trainers as a real distraction, or fewer shows and less stimulation of them since this "new and improved" show "Believe" I understand involves quite a bit of high tech gadgetry and stunts from all reports - Ms. Brancheau just might still be alive.
I mean there are actually about three to four of these shows per day, and now even huge screen TV's and loud, loud speakers with high tech "new age" type music accompanying the story line, and that would get on my nerves if I had to listen to it daily, much less three or four times per day.
But not to have adequate protectionary measures in force, or "shoot to kill" orders for some of these incidences that have subsequently resulted in human injury and now even multiple deaths begs the question, just whose life is more important?
I mean, there are no shortages of whales in captivity actually, as there are and have been numerous calves born each and every year due to the increase in the captive whale populations and their breeding programs throughout the world due to SeaWorld's past success as a commercial/educational venture in their efforts to domesticate and study them under their prior ownership, in large part.
And with tickets at over $250-300 for the average family for a visit to their parks, it would seem their profit margins have soared since the early days, and at this point, would seem to me that orcas like Tilly (and Orky before) are more of a liability than asset, what with all those vet bills and other expenses that are piling up as more and more of these incidents have occurred.
But I found really no published reports at this point tracking just how many injuries, major or minor, these trainers have been subjected to since it appears OSHA is not a frequent visitor pro-actively, nor logging or following up comprehensively on some of these reports at this now global billion dollar theme park enterprise.
Or apparently only superficially acting on them, or being quashed into submission due to corporate special interests at the state level that apparently have been sealing records, and using the California court system, at least, in order to silence and intimidate the critics, both from the public and even some in the field of animal science.
Or, perhaps in the case of some of those affected trainers, potentially the unemployment line?
http://www.10news.com/news/13343165/detail.html
Sunday, February 28, 2010
Where Were The Harpoons: Shamu Show Resumes Amid Questions
The AP reported that today the Orlando Sea World resumed it's killer whale Shamu show, "Believe," less than three short days after the death of one of its most experienced trainers, Dawn Brancheau, who was killed by one of the whales after a dinner show, "Dining with Shamu."
As one who was present at a show over twenty years ago where a male orca became agressive with a female trainer at another park (now defunct) in Southern California, it surprised me that it was "business as usual," less than three short days after what was reported has occurred, and the history now of this particular killer whale, although he was not part of the performances.
I am no animal rights activist, but in the case of these killer whales and the manner in which they have been showcased and displayed by this and many other marine "zoos," is rather disturbing.
Especially after the tragedy of the several days ago.
At least for the short term, the trainers were not getting into the tanks and performing physically with the whales.
But who knows as this event recedes from the public consciousness when such stunts may resume.
It appears in order to draw in the crowds, bigger and better stunts are the marketing ploys, no matter that these animals have proved that they are quite unpredictable, and highly intelligent in their methods for expressing their displeasure at being made to perform for the masses and entertainment.
There is an educational focus somewhat of these shows, and wonder if the parks are also recipients of some of those government grant monies as an "educational" institution.
Maybe that would explain why there has been so little real regulation over these parks, and accountability for both their purchases, and training methods.
This whale was purchased from a park in Canada, and had been involved in another death of a trainer along with two other whales, and a female trainer also was drowned as a result. So "playful" was this whale and the two others, that her clothes were ripped from her body and she was naked when they eventually were able to recover the body.
And according to media reports, the sale to Sea World of this particular whale specified he would only be used as a stud, and not for performance purposes.
Sea World was sold to a Wall Street investment firm, Blackstone Group, last year by Annheuser Busch for over 2 billion dollars. The "Dining with Shamu" show was initiated in the 90's in order to bulk up revenues of this multi-billion dollar theme park, and just for the average family to visit this park is now over $300 conservatively estimated for a Sunday afternoon family outing, or vacation.
He has been described as the "alpha" male of this pod of whales at Orlando's Sea World, and according to the marine biologist we spoke with after the incident my family witnessed in the early 1980's where a male orca was aggressively pursuing his female trainer while in the water, he indicated that the males are much more aggressive by their very nature than the females as the "hunters" of the group.
The whale involved in the incident we witnessed actually actively prevented a male trainer who was attempting to distract and intervene in what was occuring from assisting and "rescuing" the female trainer.
I'm sure most of the trainers do know that there is an inherent safety risk in working with such animals, but in this instance, this animal had a prior history of aggression, yet was being asked to perform three or four shows a day on command.
In a tank that given his size and age, would seem that this accident and outcome was only a matter of time.
At this point, I can only assume that those that would get any enjoyment out of these shows would be those that thrive on "reality" television shows such as "Fear Factor," or own police radios and are the first on the scene at most auto accidents.
And asking those trainers to get back in the tank, or even working with these animals just two short days after the horrific death of one of their co-workers, seems that corporate greed knows no bounds.
I hope if such events continue and for their own protection, those trainers have access to a gun and harpoons, and not merely "noise buckets." Just where was OSHA? I mean with all the bank bailouts now for global corporations, and now this involving another "global" corporate entity, we do certainly have a problem with adequately regulating "commerce" in this country now that is impacting and affecting Americans more and more every day in both loss of homes, and their lives. Ms. Brancheau just might be alive today if simply one shot of a harpoon hit that whale, which would have truly been the distraction needed in order to potentially save her life.
Are the federal and state governments so greedy also for the sales and other taxes these global corporations bring, that it appears that the larger and more profitable some fo these global businesses are, the more "privileges and immunities" it appears they seem to receive at both the state and federal levels?
Since it appears that this little scenario went on for several minutes before the trainer's death by drowning, at least providing those trainers with guns and harpoons in any event would prevent another trainer's life being offered up for corporate profits
As one who was present at a show over twenty years ago where a male orca became agressive with a female trainer at another park (now defunct) in Southern California, it surprised me that it was "business as usual," less than three short days after what was reported has occurred, and the history now of this particular killer whale, although he was not part of the performances.
I am no animal rights activist, but in the case of these killer whales and the manner in which they have been showcased and displayed by this and many other marine "zoos," is rather disturbing.
Especially after the tragedy of the several days ago.
At least for the short term, the trainers were not getting into the tanks and performing physically with the whales.
But who knows as this event recedes from the public consciousness when such stunts may resume.
It appears in order to draw in the crowds, bigger and better stunts are the marketing ploys, no matter that these animals have proved that they are quite unpredictable, and highly intelligent in their methods for expressing their displeasure at being made to perform for the masses and entertainment.
There is an educational focus somewhat of these shows, and wonder if the parks are also recipients of some of those government grant monies as an "educational" institution.
Maybe that would explain why there has been so little real regulation over these parks, and accountability for both their purchases, and training methods.
This whale was purchased from a park in Canada, and had been involved in another death of a trainer along with two other whales, and a female trainer also was drowned as a result. So "playful" was this whale and the two others, that her clothes were ripped from her body and she was naked when they eventually were able to recover the body.
And according to media reports, the sale to Sea World of this particular whale specified he would only be used as a stud, and not for performance purposes.
Sea World was sold to a Wall Street investment firm, Blackstone Group, last year by Annheuser Busch for over 2 billion dollars. The "Dining with Shamu" show was initiated in the 90's in order to bulk up revenues of this multi-billion dollar theme park, and just for the average family to visit this park is now over $300 conservatively estimated for a Sunday afternoon family outing, or vacation.
He has been described as the "alpha" male of this pod of whales at Orlando's Sea World, and according to the marine biologist we spoke with after the incident my family witnessed in the early 1980's where a male orca was aggressively pursuing his female trainer while in the water, he indicated that the males are much more aggressive by their very nature than the females as the "hunters" of the group.
The whale involved in the incident we witnessed actually actively prevented a male trainer who was attempting to distract and intervene in what was occuring from assisting and "rescuing" the female trainer.
I'm sure most of the trainers do know that there is an inherent safety risk in working with such animals, but in this instance, this animal had a prior history of aggression, yet was being asked to perform three or four shows a day on command.
In a tank that given his size and age, would seem that this accident and outcome was only a matter of time.
At this point, I can only assume that those that would get any enjoyment out of these shows would be those that thrive on "reality" television shows such as "Fear Factor," or own police radios and are the first on the scene at most auto accidents.
And asking those trainers to get back in the tank, or even working with these animals just two short days after the horrific death of one of their co-workers, seems that corporate greed knows no bounds.
I hope if such events continue and for their own protection, those trainers have access to a gun and harpoons, and not merely "noise buckets." Just where was OSHA? I mean with all the bank bailouts now for global corporations, and now this involving another "global" corporate entity, we do certainly have a problem with adequately regulating "commerce" in this country now that is impacting and affecting Americans more and more every day in both loss of homes, and their lives. Ms. Brancheau just might be alive today if simply one shot of a harpoon hit that whale, which would have truly been the distraction needed in order to potentially save her life.
Are the federal and state governments so greedy also for the sales and other taxes these global corporations bring, that it appears that the larger and more profitable some fo these global businesses are, the more "privileges and immunities" it appears they seem to receive at both the state and federal levels?
Since it appears that this little scenario went on for several minutes before the trainer's death by drowning, at least providing those trainers with guns and harpoons in any event would prevent another trainer's life being offered up for corporate profits
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