blank'/> Liberally Lean From The Land Of Dairy Queen: Random Friday Morning Thoughts

9.16.2011

Random Friday Morning Thoughts


  • Rick Perry might take a hit on the pending execution of Duane Buck. In a nutshell, after convicting someone of capital murder in Texas, the jury is asked after the punishment phase whether the defendant will be a future danger to society. They must say "yes" in order for the death penalty to be imposed. In Buck's case, an "expert" witness testified that blacks, once released from prison, are more likely to be dangerous in the future than whites. With his execution scheduled for last night, the issue was whether he deserves a new punishment trial because of that testimony. Rick Perry refused to stop last night's execution. But the Supreme Court, at the last moment, did.
  • It would almost be sweet justice if Rick Perry's callous and self-serving support of the death penalty over the years prevents him, at the last moment, from obtaining his ultimate political prize.
  • But one shocking thing you probably haven't heard: The expert witness was called to the stand by Buck's lawyers because the witness ultimately concluded that, specifically, Buck would not be a future danger to society. (Court opinion.)
  • The Update says today that TXI is cutting 33 jobs in Wise County. Someone mentioned those cuts in the comments here on Monday but I forgot to follow up on it. 
  • I was watching a girls' softball game last night when 10 Year Old Coach Pitch turned into 10 Year Old Hits A Rocket Into Coach's Chest.  Man, it stopped everybody down. 
  • The Regents of the University of Oklahoma will meet on Monday, and the official agenda released yesterday lists athletic conference alignment as something they will consider. That may be the end of the Big 12, but we'll have to wait until they get to page 219 of the agenda before they can discuss it. What a beating.   
  • Fox 4 News led last night with the Pat Robertson's divorce-Alzheimers-spouse controversy. I changed the channel because that was absolute proof it was a slow news day.
  • West Virginia fans, being a classy bunch, have started wearing T-shirts to football games that prominently display an F Bomb.   The Athletic Director wrote a letter to the student body urging them to stop but readily admitted the school couldn't stop them. Why can't WVU stop them? West Virginia is a public school and thereby the government.  Baylor could stop it. SMU could. So could TCU. But not Texas, Tech, or the Aggies. 
  • Even if she wants to knock Rick Perry over the head with his ill-fated decision to mandate the HPV vaccine for young girls, Michelle Bachman is nuts to claim a woman told her that the vaccine caused mental retardation in the woman's daughter.  Even if it is true that some woman did tell her that, you don't repeat the story on national TV unless you believe it. 
  • It may be up being Mitt Romney after all.
  • Texas Monthly referred to the Texas Longhorns as the Evil Empire last night. And I heard some big college football expert say the same thing on either the Ticket or the Fan this week. I'm a trend setter once again. 


61 comments:

Random Judge said...

The Random Thought Girls in quality order this week:

Thursday
Tuesday
Friday
Monday
Wednesday

Anonymous said...

West Virginia needs a SWAT team of nuns with rulers at that ballgame. T-shirt problem solved in a hurry.

My Other Brother Darryl

Anonymous said...

Perry has not sentenced ONE person to death, all were sentenced by 12 persons chosen by BOTH sides, from the communities where the trial was held. Gov. Perry puts his trust in the judgement of these 12 citizens.

Anonymous said...

RTG girl scares the crap outta me. She looks like a praying mantis- and ya know what they do!!! ♫

Anonymous said...

Well said 8:49 people are so bent on critizing Rick Perry for the death penality when it takes a jury of your pers to convict you and give you death,I think the liberals are just scared Rick Perry might bring down this President and I hope he does. Its the only thing that will save this country from disaster!!

KatyDid said...

Hmmm... Would Buck's lawyers have to prove that race WAS a deciding factor in the jury's verdict? That it might have been?

Crazy stuff.

8:49's comment brings up an interesting point: When the various players in death penalty cases are interviewed about them putting someone to death, they consistently bring up the fact that they are just ONE factor in the process. They try to shift blame on the system itself.
From judge to prosecutor to jury, everyone consistently uses the "another spoke in the wheel" argument."
Just a thought...

Kaleb said...

Didn't Tech put a stop to the Vick 'Em shirt a few years ago?

The Fake Fee Lee Bailey said...

"Gov. Perry puts his trust in the judgement of these 12 citizens".

That is, unless it's a civil case. In civil cases, Gov. Perry has done everything in his power to limit juries.

Apparently, 12 citizens are only smart enough to decide criminal cases.

John Holmes' Ghost said...

Five hot random girls in a row - and Lindsey cleavage!

You, sir, are on a roll; Salute!

My flag pole never swayed!
My little soldier has been at attention all week!
My gun has ready for fun!

ok, I'll stop now.

John Holmes' Ghost said...

And I forgot... Scarlett Hojansson leaked pics -
This has been a great week.

Anonymous said...

A lot of people believe Rick Perry will save us all (what a joke), I just believe I'll have another beer. ♫

Anonymous said...

Sounds like Baylor can do everything but play football!

wordkyle said...

Regarding the convicted murderer - The race angle is bogus. The implication is that the prosecution convinced the jury to sentence Buck to death because of his race. The truth is almost the complete opposite. From the opinion: "It was Buck, not the prosecution, who introduced Dr. Quijano as an expert witness and then solicited testimony from him regarding the use of race as one of several statistical factors for predicting future dangerousness...the prosecution referenced the race factor only once during cross-examination, and never mentioned it at all during closing arguments."

When you read the court opinion that BG linked to, including the recounting of Buck's cold-blooded murder of two people -- including his ex-girlfriend in front of her children -- it sort of drains any sympathy you might have for him. The expert witness said Buck held on to grudges in relationships, and that jailing him would keep him from "posing a danger to society" because he couldn't form any relationships there. "Poses no future danger to society if incarcerated" is not the same as "justice will be properly served." What kind of nightmares must those children have?

Anonymous said...

I personally wanted to smack the hell out of each and every idiot/libtard celebrating that KILLER not getting executed!!!!!!

Seriously......I would lose my temper with those people if I were there!

From my point of view, it's a shame we can't execute EVERY individual who commits murder, but I am flexible enough and believe that a small percentage of people might be wrongly convicted, so I am willing to permit executions only when the evidence is overwhelming......and the evidence seemed pretty strong in this case!

It's just a shame we only do lethal injections.....I'd much prefer a hanging in the courthouse square, if only because it's meaner, and it's fun to make an example of these people!!!

BTW, the girl in today's pic has an awesome body, but there's something about those eyes that makes me suspect she's strung out on an illegal substance!

Anonymous said...

Don't uphold a sentence of 12 jurors, but make sure we don't let adult college kids wear a shirt that says "F". Really?

Anonymous said...

It's America - one should be able to wear whatever T-Shirt they want.

Anonymous said...

Agree with WKyle. The prosecutor made absolutely sure in this case NOT to use race as a factor even though the DEFENSE introduced it. Quijano has been called by the defense many times in death penalty cases in this state and has lead to at least two reversals over this same crap that he spouts, again, AT THE REQUEST OF THE DEFENSE. Do I see a defense strategy here for reversal of a death penalty? If you can't win the jury, call a witness you know will cause trouble on appeal. That's how the death game is played folks.

Anonymous said...

I keep asking libs to explain to me why abortions are ok but not executions. I have yet to hear any answer. Maybe one of the enlightened libs here can manage a coherent answer. And for those who would like to try to flip the question on me I have an answer. A baby is innocent therefore it is murder plain and simple. Execution of a tried and convicted hardened criminal is a punishment brought about by their OWN actions.

Anonymous said...

not racism if it is true

Anonymous said...

I swear, Barry, you can be so NAIVE!!!!!

Anonymous said...

I think they should just hang the damned nigger. It used to be a great deterrence for criminal activity.

Triple Fake... said...

I just read the court opinion and here's my opinion: Buck is out of luck!
The defense calls an "expert" witness who plays the race card. He also says the defendant has a problem separating from previous relationships, but won't be a menace to society in prison because he won't form new relationships (yeah, right!).
Are we disregarding the fact that he killed two people, and tried to kill another, and he didn't seem to care that it was his sister (or step-sister)? Reminds me of that line from Richard Pryor "Why did you kill everybody in the house?" "They wuz home."
The defense introduced the race factor, the prosecution only lightly touched on it.

Katy-
Nice attempt at deflection. When each factor comes to the same conclusion, that means the system is working as intended

Anonymous said...

At the Republican presidential debate, Brian Williams was "shocked and appalled" that so many people in the audience supported the death penalty.

It seems like Barry missed his calling in life — he could have been a network news anchor!

Anonymous said...

So now we are going to tell kids how much they are allowed to carry in their backpacks? Give me a break! Too much interference. Don't you think the kid can decide if it's too damned heavy? If it is let his parent buy the rolling packback! Our tax dollars are going to buy them and rent them? KNUCKLEHEADS! SAME KNUCKLEHEADS THAT PAID AND BUILT A WROUGHT IRON FENCE AROUND THE FOOTBALL FIELD!

Anonymous said...

I've said it before and i will say it again...if you were to have a family member brutally murdered, you probably wouldn't be so opposed to the death penalty.

Anonymous said...

Don't most African Americans have a problem with physical responsibility anyway and that's why they are Democrats?

KatyDid said...

@Wordkyle: Regarding almost any other issue, I would agree that the defendant's team would get saddled with whatever their own witness did - even if it turned out to be against them.

However, when it comes to race... well, it was enough to get the Supremes to have a look, so the potential is there.

If race - especially race stats - could have actually made a difference in an outcome of death penalty case, that's something that not even the defendant can really agree to. Race is sort of one of those strict scrutiny things.

Based on your facts, it looks like a reasonable juror could have found him guilty without the race issue, of course... I dunno. My guess is that he fries in the end...

The Devil said...

Many members of our society feel like it makes them an instant intellectual to oppose the death penalty. How cruel and uncivilized a punishment they call it, but quickly come to the defense of Muslims countries who dole out the death penalty as if it were a bag of candy at parade.

Anonymous said...

9:48 A bug is innocent too until you squash it with your shoe.

Just saying.

Consilium ac prudentia said...

I have to agree with 9:36's comment. The RT girl appears to be imbibing an illegal substance.

wordkyle said...

948 - You may be on to something. If you're a prosecutor, and you see Dr. Quijano's name on the witness list, wouldn't you instruct your team not to mention race at all, under any circumstances? Even a casual mention of his opinion about race -- even to dispute it -- can be used in an appeal and twisted in the media. (See the spin that BG tried to put on it in his original post.)

Consilium ac prudentia said...

10:29 What wisdom you display. To compare the life of a child to a bug indicates the level of your intelligence. Crawl back under your rock and keep voting a straight Democratic ticket. Idiot.

Anonymous said...

In addition, the fact that people such as myself actually read your nonsense......definte "Idiocracy"!!

wordkyle said...

KatyDid - You're right in that a racial argument, especially in a death penalty case, deserves close scrutiny. I assume that's why the SCOTUS agreed to take a look. However, the story that some people are trying to push is that the jury sentenced him to death because he is black. That spin goes against the facts.

Regarding the facts (not "my" facts,) witnesses saw Buck commit the murders; Buck confessed to the murders (in fact, he laughed about them;) and a jury found him guilty of the murders. Looking at the callousness (the word actually applies here) Buck displayed, a reasonable jury could reasonably conclude that he deserves the ultimate punishment.

The Devil said...

3..2..1, Countdown to Rage calling WK a tea party racist!

Anonymous said...

Google Duane Buck and read about his crime in the "about.crime..." site. Talk about DESERVING his punishment--debating about "future dangerousness" (although I know this factor has to be "considered") is a joke. Nature and circumstances of the crime are enough alone to have convinced anyone about that factor.

Anonymous said...

Being a "public" school does not mean that school can't ban certain clothing. Hello? Do you suppose that if a 7 year old wore an F bomb t-shirt to Bridgeport Elementary, a public school, that the kid would have that shirt on all day by consitutional right?

Anonymous said...

How to write a blog in three easy steps
1. Republicans are wrong
2. UT is evil
3. Show hot girl with big boobs

If 1 and 2 don't work out in the argument, refer to #3!

Consilium ac prudentia said...

10:47 If that comment was aimed at me I would like to point out that throwing the stone of idiocracy would be more effective if your house were not made of the glass of misspelled insults. It's definitely or definite, not definte. Just saying....

Anonymous said...

WKyle. Absolutely correct. If I saw Quijano as a witness and I'm prosecuting, I don't let him say the word RACE. At least not during my cross of him. And I object if the DEFENSE asks him about it. You have to protect the record even from an intentional attempt by the defense to introduce error into a death penalty trial. In fact, I might even take him outside the presence of he jury BEFORE he gets to testify and have the judge INSTRUCT him not to mention it.

Anonymous said...

Hate to tell you Bubear...but Mike Rhyner on the Ticket has referred to UT as the "Evil Empire" for quite a few years. Even back to the days when "he who can not be mentioned" was his partner on the air.

Anonymous said...

Rick Perry has stolen more from the people than the guy from the Grapevine Farm supply store.

Anonymous said...

It is only permissible for the government of the United States of America to take a life ( of a suspected criminal ) with a Predator Drone. No indictment, no trial, no appeal, no problem...

Anonymous said...

RT girl has eyes?

Anonymous said...

3..2..1, Countdown to Rage calling WK a tea party racist!

You still counting down, doucheface?

In fact, wordkyle is procedurally correct here. Although this expert has been used as a prosecution witness in the past and his race-based testimony was solicited by the prosecutor in that case (and then the prosecutor realized how inappropriate it was and waived any procedural defects in a later appeal because even they thought the defendant deserved a new trial), the real issue is whether the admission of race, by any party, is error so grievous that at least a new sentencing phase is warranted.

The state court decided that the Defendant opened the door to the issue, which is the procedural term for "you started it". And usually, if you start it, you have to live with its effects.

So the feds appear to be deciding an ineffective assistance case under the guise of race-based sentencing.

Rage

Anonymous said...

Am I the only one that gets sick of the know-it-alls on this blog? (Word-tard, Rage-ballzac, Katy-dork, etc.) Yank the sticks outta yer azzes, Lighten up, and enjoy life a little bit... ♫

Fr. O'Malley said...

I will pray for you all.

Anonymous said...

2:39 - I can go with Rage and Katy - don't think they are "know it alls", but Word has "research and source" disease. Word-tard - now that's funny!

Anonymous said...

2:39 -
If you get sick of their comments, I have a really easy solution for you -DON'T READ THEM. Some of us do enjoy reading the more serious comments. I do. I also enjoy the comments that are not so serious. Maybe you are the one that needs to lighten up instead of trying to police what commenters should and shouldn't comment.....

Anonymous said...

Rage, dont think any prosecutor has EVER called Quijano as state witness. If im wrong show me the case. His reversals have always happened because of testimony he gives regarding race by questions asked on cross AFTER he had already testified for defense that he considered race as a factor in future danger.

Anonymous said...

Is that the neighbor lady washing her car Bubear?

Anonymous said...

Wordkyle = Mzchief!!

(who also has research and source disease!)

wordkyle said...

"Research and source disease"? Guilty as charged, I guess. Several years ago on this blog -- before your time, apparently -- I got blasted for not citing my sources. Ever eager to please, now I link to sources so people can read and judge things for themselves. That much responsibility can overtax weak minds. Sorry to learn that it bothers you. 448 had a good idea.

Anonymous said...

6:09, it's referenced in the linked opinion.

Rage

Anonymous said...

So why do you think YOU are the one to link to sources so others will go and read, Wordkyle? Stupid!....thoughtful people know already how to do that.

Right?

wordkyle said...

742 - Is linking to sources some Golden Child kind of secret? From your reaction, it's apparently some sort of special sorcery. I'm not sure where your hostility to the concept comes from. If you'll notice, I said that I provide links so others can read if they wish. Sometimes the weak-minded feel challenged by that idea, and lash out angrily. Sorry if my links bother you.

Consilium ac prudentia said...

07:42 I, Wordkyle, and anyone with any arguable level of intelligence, understand that anyone with any ability to type a subject into Google can do their own research. Wordkyle was pointing out that he links specific articles to his comments in order that people may compare his analysis of said article to their own interpretation. Do you shun the references of authors as well when doing your research simply because you, "already know how to do that?" Like so many others on here you are so quick to criticize that you scarcely give thought to the intelligence of your comment. Just a suggestion, but perhaps next time you might not spout the first thing that comes to mind but instead frame a coherent thought and THEN post.

el chupacabra said...

Michelle Bachmann is cuckoo for Cocoa Puffs AND her own worst enemy.

The fact she is still more or less in the running is scary, but regardless- Perry, Romney and she are the best the GOP can do?

Anonymous said...

wkyle. You are correct. I remembered the Roach case being the same procedurally as this one but the prosecutor did call Quijano in that case apparently. I think it may be his only case as a prosecution witness. he is universally considered a defense hack now, but I doubt he gets much work at all after these cases.

Anonymous said...

Rage is entertaining.

Wordkyle is boring.

Anonymous said...

8:47, I think you mean to say "Rage, you are correct." Because I showed you the case you asked for at 6:09.

In any event, soliciting reversible error on cross is still the state soliciting reversible error. You can cry about him being a defense hack all you want.

It's always interesting when you chumps can't admit you were wrong. But if you were a good lawyer capable of seeing past your bias (with some exceptions for small towns and/or political aspirations), you probably wouldn't have gone to work at a DA's office in the first place.

Rage