The Campaign For DA

8.30.2019

Random Friday Morning Thoughts


  • James Leavelle, who was handcuffed to Lee Harvey Oswald when he was shot by Jack Ruby and who was a center piece of one of the most famous photographs in American history, has died at the age of 99. The suit he wore that day is on display at the Sixth Floor Museum.
  • Trivia: Ira Jefferson "Jack" Beers Jr. of the the Dallas Morning News was sure he had taken a Pulitzer Prize winning photo of Oswald's shooting only to learn that Robert H. "Bob" Jackson, then a 29-year-old photographer for the Dallas Times Herald, took a better photo 6/10ths of a second later. Jackson would win the Pulitzer. (Ticket fans: I double dog swear that I prepared this bullet point before the Musers discussed it at 7:20 a.m. ) 

  • There was a hung jury in the The Library Bar sexual assault case in Fort Worth. The case had some problems which is really a way of saying it is understandable that a rational juror could have a reasonable doubt  about the guy's guilt. 
    • The State has the right to try the case again. I always thought that was bizarre under our Double Jeopardy protections, but it is the law.  
    • But a practical and ethical problem seems to exist now which always seems to be ignored: If they didn't know it before (and they should have) the prosecutors now know for a fact that at least one juror had a reasonable doubt about the guy's guilt. To try him again is simply just a gamble (on an ethically challenged hope and a prayer) that the next jury doesn't include someone who will also have a reasonable doubt. It's just like hoping for a better hand of cards from the dealer. And it's a card game the defendant would be forced to play with his life while the prosecutor risks nothing. That's justice? 
    • And how does any prosecutor in that situation now sit back and not think, "That juror or jurors knows as much about the case as I do. Maybe it is me who should have a reasonable doubt."
    • Changing subjects, while the jury was still struggling to reach a verdict, the bailiff told the judge that he had overheard one juror tell the others "that they would reach a decision Thursday because she had to go to work on Friday." That caused everyone to question whether that is jury misconduct. (Legally, it's not.) Question: Should the bailiff had said anything at all? He wasn't a witness to juror tampering. He just overhead a discussion. It wouldn't be proper for him to say, "Judge, it sounded like there's only one holdout. If you force them to deliberate further I think he'll cave."
  • There's a better and quick loading video of the "Botox Bandit" from earlier this week.
  • Hurricane Dorian completely missed Puerto Rico and is now headed for The King of Israel's  Mar-a-Lago resort. Instead of mocking the people of Puerto Rico as he was doing earlier this week, Trump has now cancelled his trip to Poland since the stakes have changed for him.
  • The Florida State/Boise State has been moved at the last minute from a neutral site to the FSU campus because of the hurricane.  Students of both schools will get in free, and everyone else gets in at a dirt cheap price. And it's all general admission seating. That might be a crazy scene.
  • The "greatest country in the world" sure has a lot of "dumbest people in the world", to-wit:  Craig Barr vs. Popeye's.
  • In general, all the guys playing in last night's NFL preseason games were the greatest athlete in the history of their high school and one of the best ever from their college.  The vast, vast majority will be cut by Sunday. They are in their early 20s and now need a job. Any job. 
  • Trump's personal assistant, Madeleine Westerhout, abruptly quit yesterday as rumors broke that she might be a leaker. I don't think I had ever heard about her. (That's her below. I have no idea why Rick Perry is getting handsy.)
  • Jerry Jones on Zeke's missing games last night: "He can't and won't miss them all." This goes back to the most important part of the holdout: He has to report by game 10 or his contract tolls. If he comes back before game 10, he makes $9 million next year and then becomes a free agent. If he holds out the whole year he would then be under contract for $3 million in 2020 and $9 million in 2021.
  • Don Jr., who is even a more miserable person that his daddy, spoke on behave of for the reelection of Republican Gov. Matt Bevin in Kentucky yesterday. I see a man who is just killin' it.
  • Random DPS office 20 minutes before it opened in Austin this morning:
  • "Mistakes were made" - Greg Abbott yesterday on his racially charged flier going out one day before the El Paso Massacre. Unless he tells us exactly why it was a mistake, that "apology" is worthless. He wont' do that.