Oh, My!!!!

The Messenger's Graduation Section came out this morning and, although my team of reporters is still checking it out, it looks like the Bridgeport High School Class of 2008 actually contains a photo of every kid who graduated in 2007.

Random Wednesday Morning Thoughts

- Largest correction ad I've ever seen in today's edition of the Messenger after a $7,000 error in price for a pickup for sale at Karl Klement. Look for it.
- I think the are more cops around today than ever before. All over the highways. All over the towns. All over the water.
- Watched a little of the Tampa Bay/Rangers game last night. Man, there is nobody at that ballpark.
- Saw the mother of the nine year old girl who was dragged to death by a horse on Fox 4 last night. She was very calm. Never have understood people that can do that - I don't think less of them - just don't understand them.
- Fox 4's Clarice Tinsley referred to the Wii Fit (pronounced "wee") as the Why Fit last night. I'm absolutely certain she had no idea that she made a mistake.
- If Back To The Future were released for this summer, Michael J. Fox would travel back to 1978,
- Didn't get to excited about the death of Sydney Pollack. I remember him from Eyes Wide Shut but not much else.
- There will be protesters at the Exxon Shareholder's Meeting in Dallas today. That, I'm sure, will bring the prices down.
- There's some Dallas lawyer on The Bachelorette right now. He either resigned or got laid off from his Dallas silk suit job before taking the challenge. But I don't watch the show because it isn't as sophisticated as The Flava Of Love.
- There's a capital murder trial going on in Dallas where a guy killed a cop after a police chase. Looks like the cop was banging on the guys window when a bullet comes from the car killing him. Some news reports have said, "Defense attorneys were able to get his partner to admit that the officer should not have rushed the car." Good luck with all that.
- The Rangers Josh Hamilton is on the cover of Sports Illustrated this week. And he hit a grand slam last night. Of course, he should be in jail for violating "our" drug laws in the past. Right? Edit: The story is here and it is supposed to be fascinating.
- I can't find anyone who likes those crazy Sonic guys-in-the-car ads as much as I do.
- I'd vote for any Presidential candidate who would promise to cut the federal budget by 33% simply by eliminating government waste. That certainly could be done with needless employee reductions.
- I've never read the Federalist Paper but #45 was trashed a long time ago: "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." But no one cares.
- While I listen to less and less radio, I still jump over to WBAP in the morning to catch the news every now and then. But their comedy bits are awful. This morning: "Gas prices are higher than Cheech at a Willie Nelson concert." Triple grown.
- Some lady is rowing across the Pacific in a tricked up row boat. She keeps a blog (somehow) and has a tracking map of her journey here.

Okahoma City University Wrestlers

Proof.

Kinda makes a man want to engage in a Half Nelson.

Moral Dilema

Greg Lowery, the current Wise County Attorney and odds on favorite to become the next District Attorney, and I have been having a debate for the last few months over the following issue: Should a prosecutor refuse to pursue a case if the cops obtained the critical evidence in violation of the law.

Today we used this scenario to make this as simple and clean as possible: Say a trooper does not have a reason to stop a car on Highway 287 but does so anyway. Pick any reason you want, he didn't like the way the driver looked, the driver's race, the make of the car, or the color of the car. Pick a reason. It doesn't matter because we'll stipulate it was an illegal stop. He then searches the driver of the car, again without reason, and finds marijuana. The driver readily admits the marijuana is his. So there you have it: (1) No question of an illegal search and seizure by the cop, and (2) No question the driver was in violation of our Possession of Marijuana laws.

We know the following would happen under the above facts (assume, once again, the facts are not in dispute): If the defendant, either alone or through his lawyer, files a Motion to Suppress the marijuana, it will be granted by the judge. Just like a law prohibiting marijuana use, we have another law that says any evidence seized in violation of the law cannot be used and must be suppressed. In a marijuana possession case where such a Motion is granted, there would be nothing left for the prosecutor to do but to dismiss the case.

Now here's the kicker: If the Defendant does not file the Motion to Suppress and never raises the issue at his trial, there is nothing that requires the judge to step in on his own and stop the case. The Defendant must make the Motion or file the appropriate objection. If he doesn't, he has given up or "waived" the issue. If he is convicted either by a guilty plea or even by a jury, he can't even raise it for the first time on appeal. The appellate court will affirm the conviction and hold the issue has been waived.

So here's the issue: We have an obviously guilty Defendant. We have evidence that was unquestionably seized in violation of the law. If you are the prosecutor, whose obligation is "not to convict but to see that justice is done", do you file the case when you see an obvious search and seizure violation? Do you hope the Defendant or his lawyer never raise the issue? Or do you consider your obligation to seek "justice" to mean that an illegal stop and search of a defendant is just as important to condemn as the violation of marijuana possession and kill the case when it comes across your desk?

Have at it folks. (But one request: Try to keep away from negative comments about particular individuals in the Wise County system whether they be prosecutors, cops, judges or lawyers. I have to work with these folks. I'm not that big of a fool.)

Random Courtroom Observations

- I bet there were 20 or more inmates brought up to court to day. I bet that was over 1/2 the docket. - After docket, I reviewed a couple of DWI videos and along came this great exchange between a trooper and a passenger who may have been drunk. Trooper: "Did you know you that you have a salt shaker in your pocket." Guy: "Yeah." Trooper: "How do you explain that?" Guy: "I like salt." Trooper: "Fair enough." - Saw the judge chew out a couple of guys that had filed a lawsuit against Wise County regarding some kind of property dispute. I'm not certain, but based upon the hearing today it looks like the County had filed a Motion for Summary Judgment (loose translation: dismiss the case because it was without merit) and the pro se Plaintiff's didn't understand what was going on. The judge (maybe) could have granted the County's motion but he gave them a chance to hire a lawyer. Seems fair. If their case has merit, you'd hate to see it forever barred from prosecution because the guys didn't know what they were doing. And, trust me, they didn't know what they were doing.

Threatening sky from a courthouse view

Static On My AM Radio

Wise County Wins Immunity Challenge

The newpapers and the Internets have been telling me for months about a real estate crisis with sinking values. For Wise County, uh, not so much.

At least from a property tax point of view.

Edit: Kinda funny. Just saw the graphic below on the Yahoo Finance page.

Random Post Holiday Thoughts

- Odd sight this morning: A nice bus pulled off to the side on 287 outside of Decatur with about 20 teenagers hanging out under a railroad bridge.
-A site that has recorded what every website has looked like over the last 10 years or so.
- Ralph Hardy's father was said to be a lawyer. Ralph Sr.?
- Four new names were placed on the Vietnam War Memorial yesterday (per ABC World News Tonight.) Not exactly sure how that works.
- Palo Pinto deputy shot and killed a man over the weekend. Taser probably would have been a better idea. Three gunshots may not have been necessary.
- I've never been to Black Creek Lake in Wise County but was surprised to learn there are no paved roads leading to it.
- I've begun using my debit card for convenience store purchases.
- Could it have been any more humid yesterday? And an emailer sent me a pic of this "panting" baby bird.
- I might have been a little hard on Colonial. Didn't realize 5 of the top 10 players were in the tournament. But, despite an amazing finish, seeing that guy jump in the water on 18 might have been the best part, but the broadcast didn't even acknowledge it.
- Ted Kennedy needs to take it easy. He was out on his boat again over the weekend.
- The "new" tradition of pausing for one minute at 3:00 p.m. on Memorial Day to remember the dead is a great idea which has been slow to catch on.
- I saw a blurb about it on some local news channel but nothing since: Over the weekend a guy landed a small plane on I-35 near the speedway. He was having health issues and took the plane down - safely.
- Horrible story over the weekend: The 9 year old that was dragged (for over a mile and a half) to her death by a horse in Benbrook. But it was strange to learn she had stopped at a convenience store before the incident to get a coke. But what adorable eyes she had.
- The very odd and dark postsecret.com had a "speedo man" posting this week. (Thanks emailer.)
- Being a boat owner for 10 years, I can say this about days like yesterday: A holiday coupled with high winds is a beating.
- When did the Tampa Bay Devil Rays become the Tampa Bay Rays?
- Finished watching The Fountainhead. Silliest. Movie. Ever. Next in my Netflix stack is There Will Be Blood and The Savages.
- No one really gets excited about the Texas Lottery anymore.
- The Texas/OU football game has been moved up to 11:00 a.m. I like that. I've only been to the game twice. One was a Texas blowout but the other was the OU victory when Roy Williams caused a Chris Simms interception at the goal line. That was a scene. Edit: And I just learned that OU will play in the Cotton Bowl Classic on January 2nd. Wait. Really?
- Google doesn't trick up its logo for Memorial Day but others have suggestions.

Saw At A Fort Worth Sonic Today

I'm supposed to donate in order for them to learn about the "culture"? That's kind of like asking me to fund a vacation.

I tipped a buck. But I always tip a buck.

Dallas Woman

Trust me, there's a sentence at the bottom of this Channel 8 story that will drive you nuts.

(Thanks emailer.)

Mickelson Wins Colonial On Final Hole. Fan Has Too Much Beer.

Not That I Would But . . .

an emailer writes:

You do NOT want to go to Wise County Park this weekend. We came in from fishing at 2am this morning and there were 5 Sheriff's cars and the "Mobile Command Post" all set up. I was told last weekend one of the Constables wrote over 200 tickets for glass containers out there (unconfirmed).

Holy Cow!!! (Kinda)

If you've been around these parts for a few years, you will remember the Collin County case where Michael Blair was convicted in 1994 for the death of little Ashley Estelle and given the death penalty. (I remember being in DFW Airport when the verdict came down.)

This afternoon, the DA for Collin County issued a statement that he can no longer assert in good faith that Blair had anything to do with the girl's death and will seek to overturn the conviction. (Nice timing since the Rule of Thumb to avoid bad publicity is to release the bad information on Friday afternoon.)

The "kinda" above is simply because Blair has apparently been convicted of other crimes and isn't going anywhere. Still, for a jury to convict a man and sentence him to death on evidence that was as good as a warm bucket of spit is amazing.

Hey, the next time you're on a jury and the judge tells you to find a defendant not guilty if you have a reasonable doubt about his guilt, listen!

Possible Captions

(1) "You're my boy, Blue!!" (2) "Speedo Man tries to fly." (3) "Secret video of Decatur Chamber Of Commerce 2007 annual auction party." (4). "Andrew Rottner* Goes Crazy in 2020." Have at it, boys. Or add your own. _____________ * Did you know that if you Google "Andrew Rotner" it comes back with "Did you mean Andrew Rottner?"

Only One Thought While Reading The Morning News At Lunch

I don't know how we survive in America. It's tough. In fact, sometimes we have to go without guacamole.

And if Jesus had ever talked about bad service, I'd of quoted him for all of us to ponder. But I'm pretty sure it wasn't high on His priority list.

(Rest of review, if you care, here.)

Friday Morning Pick Me Up From The Dallas Morning News

Greatest headline ever? Yes. I think so. And the only thing that makes it better is the age of the Fort Worth mom. Stuff like that happened all the time when I was a kid in Bridgeport.

(Thanks emailer Mike.)

Random Friday Morning Thoughts

- That TMZ show on Channel 4 after the news is CHEE--ZEE.
- It was 80 degrees at DFW Airport at 6 o'clock this morning.
- At the Driver's License hearing yesterday in Fort Worth, I rode up in the elevator with a girl who was very nervous. Not because of me (maybe), but because she had been arrested for DWI and (very oddly) her lawyer wanted her to be at the hearing. Trust me, that's a sure fire sign that the lawyer doesn't know what he's doing. But, wait, there's more . . .
- She starts telling me that "I can't believe this! I never go out!" and "I never drink!" and, also oddly, "I'm a single mom!" (I'd rate her as a 6 on my scientific "Hey, Now" scale). And . . .
- Her lawyer was late in arriving and, after a while, she asked me how long her DL suspension could be (another sure sign that the lawyer didn't know what he was doing if he hadn't discussed that with her yet.) Anyway, I tried to help out and asked, "This is your first DWI, right?" Answer: "Uh, no." Ok, maybe she does drink a little bit.
- Saw this story on Fox 4 News: Judge Brent Keis out of Fort Worth has been ordered to take racial sensitivity training for saying this last year: "Blacks are better athletes because their ancestors survived the slave trade." I had a Jimmy "The Greek" Flashback.
- Also on Fox 4: The most popular male baby name in Texas last year was "Jose."
- Keeping one's "head on a swivel" may be the most important thing. Ever.
- Very obscure childhood memory: I learned a ton from Phineas J. Whoopee and his Three Dimensional Blackboard. (That's a Tennessee Tuxedo And His Tales reference.)
- On traffic stop videos I constantly review, I've noticed one local trooper always angrily says, "Why are you ruining your life??!!" when he finds a single joint of marijuana.
- The Ticket was railing on the new Indiana Jones movie yesterday.
- Is there anything more frustrating than the Star Telegram web site?
- I find Julliett Lewis strangely attractive.
- My guilty pleasure podcast: The Dawn and Drew Show.
- I've started reading The Great Gatsby. Never saw the movie. Never read the book. I'll be dang if "Gatsby" isn't a person.
- Shania Twain has filed for divorce (to lazy to link to) because, she alleges, her husband got horizontal with some lady named Marie-Anne Thiébaud. Here she is. Oh, my.
- WBAP played a Foster Brooks boating safety bit this morning. Foster Brooks!!!! How old are those people over there? 90?
- Trivia I learned at the courthouse: Jennifer Aniston is the daughter of that guy that played Victor Kiriakis on NBC's "Days of Our Lives" (a show I watched religiously in the summer while in high school - and I saw it about a month ago and I'm not sure I've missed much.)
- I've rented the movie The Fountainhead after wasting 30 hours of my life on the book. I'm going to make sure there wasn't something I'm missed before I go off on what may be the most simplistic. unrealistic work ever to be hailed as some great literary masterpiece. Edit: Thanks for the link in the comments.