Today's Wise County Sights and, Well, More Sights

I call it "Sonic Cup At Whataburger Drive Through": Don't be fooled by those garage sales that have non-garage sale prices: "Rock The Vote" . . . Somewhere else

I'm Insane Now

That crazy little Mexican is back. I missed her, er, him, er, not sure. And "Machine" makes an appearance at the end. Waste time if you like train wrecks. I did.

Reader Submitted Pics This Morning

From Mitzi in Haslet: From an unnamed cell phone email: "Sweet ride. In the parking lot of the old hospital [in Decatur] . . . parked sideways so no one door dings it!" And, although not a pic, emailer Danielle sends along this headline which she knew would get my attention:

Opening Chaos

Oh, my. Edit: I think Yahoo's chart was screwed up. Looking back at what happened, it looks like the initial drop was around 600 points. The last close was 8,579.19 and the lowest it got this morning was 7882.51. They might want to fix that --- seeing a 1,000 point drop is quite the shocker (although a 600 drop isn't a reason to celebrate.)

Random Friday Morning Thoughts

• We're in an economic crisis, the stock market is falling in a shocking manner, but everyone seems to be going on with their daily lives and buying as much junk as they always have. I can't find a soup line anywhere.
• There's a roach in my trash basket. Just heard him. Creeped me out. He's trapped. I wish ill will upon him.
• I'll try to update tomorrow from Texas/OU with some cell phone pics.
• I remember my first college roommate bragging to me that he had spent a whopping $25 on a scalper to get into the Texas/OU game his senior year in high school. And I thought there is no way I'd ever pay such an outrageous amount.
• I can't believe I'm telling you to take 10 minutes and watch Wade Phillips press conference from yesterday in wake of the Pacman "controversy". It was shockingly comical. It's like he's never dealt with a hostile press before, and I still say the Cowboys will never win it all with that guy at the helm.
• I don't think Luke or Owen Wilson can act. At all.
• There's an airshow at Alliance this weekend. Back when I used to play golf two years ago, I played on a Sunday afternoon at that hotel across from the Speedway. I remember being buzzed all day by the low flying Thunderbirds during the airshow.
• I can't imagine being a high school teacher in the metroplex.
• The stock market has dropped 40% in the last 12 months. But the fundamentals of our economy are strong. In all seriousness, this collapse has been a sucker punch to the McCain campaign.
• For some reason, one Wise County JP takes forever to get to the jail for arraignments so that newly arrested folks can have a bond set and get out of jail. Ridiculous.
• Video going around yesterday: McCain/Palin supporters.
• Last night I dreamed I was a defensive back who was trying to guard a gal who was outfitted in goth and could run like the wind. After that, it got really weird.
• By the way, the attorney in the sexual assault/child porn case was court appointed. I felt sorry for him since he had absolutely nothing to work with.
• Man, this episode of Fox 4's Tell It To Tim is funny.
• Last night the Tarrant County Sheriff's Office raided a bunch of "8 liner clubs" on Jacksboro highway and seized over 300 slot machines. What a time waste.
• Is there anything that instills less confidence in the economy than when President Bush talks about it? He offered a gem yesterday when he said, "the United States will take strong action in dealing with the current economic situation." Ohhhhkaaayyyy.
• Other child porn case tidbit: I heard that the guy turned down a 20 year plea bargain offer but I haven't verified that.
• I didn't know that the 13th Amendment, which abolished slavery, specifically said that slavery is an acceptable punishment if a person is convicted of a crime.

This Man . . .

. . . just received four life sentences. Stacked. That makes him eligible for parole in 120 years. (I'll update later.) Edit: I've been doing this a long time, and I can't recall anyone who got hammered as badly as this guy. Not that he didn't deserve it, it's just an observation. I watched most of the trial but, admittedly, not all of it. The basics facts aren't (sadly) all that shocking in Wise County: The defendant was accused of molesting a family member in a poor section of Newark. Yeah, I've seen a life sentence for that before, but typically you'll see something in 30 to 60 year range. But what made this case different was the child porn. Yesterday was a bizarre day in the 271st Judicial District Courtroom. About mid-morning, I saw the ladies in the DA's office blocking off the windows which allows the public to peer into the courtroom. By looking at the big screen set up in the courtroom, it didn't take me long to figure out what was going on: Something bad was about to be shown. (The doors remained open for anyone who wanted to walk in, so it remained a "public trial.") The images were soon shown and (although I don't agree with showing them on a huge screen instead of a more reserved method) they were, and I'm being kind here, shocking. All seven of them. Being a prosecutor and a defense lawyer over the last 20 years has allowed me to see a lot of things that most people never will. but this stuff was bad. I can only imagine what the very conservative looking Wise County jury was thinking -- especially since most of those ladies seemed like the type to have never even seen legal, adult porn much less the shocking illegal stuff. (Sidenote: I'm 99% sure that this is the first child porn case to have ever been tried in Wise County. And how odd it was. I couldn't help but think about the fact that this guy was charged with possessing images that the public finds so shocking that we have agreed to make it illegal. Yet there were those images being broadcast on the big screen for any member of the public to come in and watch.) But back to the trial. The jury found the guy guilty of possession seven images of child porn (that's seven different convictions) as well as four counts of aggravated sexual assault (same victim being assaulted four different ways giving rise to four additional convictions.) The guilty verdict really wasn't surprising, but then it was time for the punishment phase. During that phase, another relative testified that she, too, had been molested by the Defendant. There was other evidence introduced that he had pornographic tapes in his room as well as some magazines that had some bizarre incestuous titles. (Giving more credence to my oft spoken saying of "People are crazy.") Then it was time to deliberate on punishment. It didn't take long, and that was true even though the deliberations were interrupted when they sent out a note - a note that is the equivalent of a knife in the heart to any defense lawyer: "What is the difference between 'life' and '99 years'." Not a good sign for the defendant. Because of the 11 convictions, the jury had to assess punishment for each conviction. The child porn, despite all the hoopla, is only a third degree felony with a maximum of 10 years in prison and a $10,000 fine. The jury gave him the maximum on every single count. As for the charges of Aggravated Sexual Assault, the maximum is up to life in prison and up to a $10,000 fine. Once again, because of the four convictions, punishment had to be assessed on each one. Once again, he got the maximum of Life in prison and a $10,000 fine. Based upon the parole laws, a person sentenced to life in prison for that type of offense must serve at least 30 years in prison before becoming eligible for parole. Now here's a quirk in the law: Normally, multiple sentences assessed in the same trial must run concurrently (at the same time.) However, the law, being no friend of sex offenders, provides an exception for multiple sentences for crimes like Aggravated Sexual Assault. But it's not the jury that makes the decision - it's the judge. (Quite frankly, the jury is placed in the very awkward position of handing down multiple sentences without knowing whether the those sentences will run concurrently or consecutively.) But "consecutively" is what the ruling was in this case as Judge Fostel ordered the four Life sentences to be stacked on top of one another. I'm not sure why Judge Fostel made that decision, but you'd be hard pressed to find any impartial observer who disagreed with him. From the verdict, it was clear that the jury wanted to assess more than what they were confined to. Perhaps he was following their implicit wishes. But, in the end, I think it was the child porn that put a flame under the jury. It was, in a way, a perfect criminal justice storm. *************** The picture, above, was taken as almost an afterthought. Truly, the sentences had been handed down less than 15 minutes before it was taken. He is simply walking out of the basement of the courthouse to a deputy's car. It's ironic that he is walking into sunlight. Edit:

• I didn't hear the judge stack the porn sentences (although that's a moot point)
• In answer to a question, the vast majority of the fine goes to the State. None of it goes to the victim. In this case, he'll never have to pay it. I think, for folks that parole out, that the parole division tries to collect any fine.

You See These Cheap Glasses?

They are $12 reading glasses that I picked up at Walmart because I can't read squat anymore without them. For about a year, I've kept them in the office and didn't break them out up at the courthouse. That is, until about two weeks ago. Man, everyone loves them. I had no idea. I may do away with my contacts and get some prescription glasses that look like them. It's kind of a James Spader look from 2 Days In The Valley.

Little Dumplings

During a break of the seedy criminal trial I was watching in the courthouse, I heard some commotion outside. Looking out the window, I saw a ton of kids walking around the square. It was either a "Wise County Kids For Obama" rally or they were protesting the recent federal bailout. I'm not sure. Anyway, quite a few waved at me. It was quite the contrast. Innocence outside. The trial inside.

Random Thursday Morning Thoughts

• Pacman Jones got into an altercation in a bathroom with his body guard at a Dallas hotel the other night. From the news reports I've heard it involved Ludacris being around, Pacman being shirtless, and broken mirrors. I call that a good night.
• It happened at the Joule hotel in Dallas which I had never heard of because it's not on the Interstate next to a Comfort Inn. But I looked up some pictures of it and discovered it's got a cool rooftop pool that extends over the sidewalk and has a glass wall.
• I really like the Tulia book I'm reading (uh, listening to.) Now I have a desire to drive out to the town just to look around - but it's 308 miles away (says The Google.)
• I wonder if parents are still naming their boys "Dakota"?
• Just heard on the radio about a motorcycle wreck on 121 in Fort Worth.
• I get complaints about all the political comments that show up here.
• Hey, I know I've got a problem with homophones (look it up) but I type this junk pretty quickly at 7:00 in the morning.
• The local car lots in Decatur seem to have less cars in them than in past years.
• One of these years I'm going to go to New England in the fall. I guess the leaves will be turning in the next three weeks.
• I'm glad Sarah Palin was late to the national scene. That voice is beginning to get to me.
• I monitored most of the sex abuse/child porn case in the courtroom yesterday with posts on my Twitter thingy. I think I'll do a separate post about it later.
• People aren't either sane or crazy, but it's a scale. If 100 is completely normal and 0 is bat arse nuts, there are lots of people in the 50s and 60s out there.
• There's a guy with some land off of 380 as you are going into Jacksboro who is always flying an OU flag. I'd think he'd catch lots of grief for that.
• I understand wanting to be President but would you really want to be President right now?
• I predict Hugh Hefner's death in the next 12 months (sometimes I just get visions like that.)
• FDR's New Deal was pretty much creating projects which created jobs and then payed people to do those jobs. I'm not sure how much was spent, but I bet it wasn't close to the $1 trillion bailout we've just seen.
• And I mentioned a few weeks ago that This American Life's "A Big Pool Of Money" provided the best explanation of the mortgage crisis that I ever heard. Well, they have a new podcast out this week that describes what in the heck happened over the last three weeks that caused everyone in government to fear a collapse. I never thought a program about the "commercial paper market" and "credit default swaps" would be interesting but it was easy to understand and fantastic. Get it here. Trust me on this.

Tiny Car

A faithful reader sends in this pic of one of those little cars we've been seeing around town. Honestly, I've either seen one of them twice or two of them once. And I don't even know what they are called. But they are closer to a glorified golf cart than an SUV.

"A Dog Chaser, Your Honor? Yes. But A Dog Killer? No Way!"

Ok, this isn't exactly Wise County related but a faithful lawyer/blog reader sent me this pic that he took today from a "north Texas courtroom that will remain nameless." The guy in the picture is representing himself in connection with some motion before a judge. But here's the good part: He brought along his cat (who isn't a party to the litigation, I might add.) The unnamed judge was apparently in a good mood and decide to roll with it.

This Drives Me Nuts

This little "feel good" story was buried on page 7B of the Dallas Morning News. Little Elm cops "will look for drivers abiding often-overlooked laws such as stopping completely at a stop sign and using a turn signal to change lanes" and will reward those driver's with gift cards donated from local merchants. Am I the only one that is cocking an eyebrow at this? Cops think it is OK to stop someone for no reason other than to do a good deed? And we all think this is acceptable? If the headline read: "Little Elm Police Adopt Policy To Stop Law Abiding Drivers" would someone care then? Have I ever used so many question marks in one post?????? The only good news is that any evidence discovered from the stop can't be used against the driver so long as the Exclusionary Rule still exists. (Which the Supreme Court is slowly eroding, by the way.)

He Without Sin . . .

OCTOBER 7--Meet Randy Lewis. The Tennessee man was so plastered Sunday afternoon that he directed a 10-year-old boy to drive his van, which eventually crashed after the child hit speeds of upwards of 90 mph. Lewis, 43, was charged with drunk driving, reckless endangerment, and child abuse. A female friend, Paula Evans, was hit with reckless endangerment and child abuse charges. You wouldn't believe the mugshot unless you saw it. ********** And in completely unrelated redneck news: "GREAT BEND, Kan. – A Kansas man whose girlfriend was physically stuck to the toilet in their home [and who amongst us doesn't remember that story] has won $20,000 in the state Lottery – for the second time this year." The world has officially gone crazy.

Random Wednesday Morning Thoughts

• I mentioned a sexual assault/pornography trial going on yesterday and it makes the front page of the Messenger today.
• I mentioned a mock execution in Nacogdoches, and it makes Fox 4 News.
• Coincidence? Probably.
• Former Cowboy Larry Brown sold his Super Bowl ring for $23,000 on eBay?
• I'm with everyone else, that "my friends" mantra coming from McCain can get to you after a while.
• I may go to a Halloween party. Women have about a billion crazy outfits they can wear. Guys, uh, not so much.
• Stood behind a guy in a convenience store line this morning who was spouting off hot opinions about how he wasn't going to vote because, "I really don't have any good choices." The clerk then agreed saying he had watched the debate, didn't like either one of them, and wasn't "going to vote for stupid." Yep, that was coming from the convenience store clerk working the morning shift.
• Headline indicating your life has gone horribly wrong: "Ex Mr Gay UK 'killed and ate dinner pal in cannibal horror', court told"
• Debate thought: Just because you are surrounded by a crowd that can only ask pre-approved questions and is not aloud to react does not make it a "town hall" meeting.
• Debate thought #2: Tom Brokaw needed to take charge of the timer. If there was a one minute time limit, shut them down.
• I wonder if you will ever be able to control and dictate your dreams. That would be cool.
• I'll probably get to Fair Park on Saturday before 8:00 a.m. for the 11:00 a.m. kickoff. Maybe I'll take pictures of carnies.
• The mere thought of the NBA starting up powers me down to no end.
• I noticed that Obama sat on the stool last night in kind of a cool position while McCain was talking. You know, I bet his handlers worked on that. If I'm in charge of him, I'd get one of those stools beforehand and rehearse different sitting positions.
• I presume the stock market has bottomed out. Of course, I thought that two weeks ago when I decided to back that thought up with a check. Edit: It opened down 213 in the first minute this morning.
• There was a very cantankerous Newark woman on the witness stand yesterday in the trial in Decatur who didn't seem remotely intimidated by her surroundings. She was loud, confrontational, and full of down home country witticisms. But the funniest moment was when, outside the presence of the jury, Judge Fostel overruled a Motion for Mistrial after she said something allegedly objectionable. After the ruling, she immediately boomed a "Thank ya, judge" (like she had made the same ruling in her mind) and then proceeded to begin to explain why he was right. "Hold it!" Fostel said, shutting her up. "I don't need any praise. "

Which Side Is He On?

WASHINGTON (AP) - Republican presidential candidate John McCain is proposing a $300 billion program for the federal government to buy up bad home mortgages and allow homeowners to keep their houses.

McCain said: "Until we stabilize home values in America, we're never going to start turning around and creating jobs and fixing our economy and we've got to get some trust and confidence back to America."

In an unusual step, McCain announced the plan during Tuesday's debate. He said that as president he would direct the federal government to purchase mortgages directly from homeowners and mortgage providers. The loans would be replaced with fixed-rate mortgages, ostensibly at a loss to the government.

"Is it expensive? Yes," McCain said.

Thoughts:

(1) Isn't this exactly what the government just did with the almost $1 billion billion bailout? That is, buying bad mortgages and trying to work them out?

(2) We need $300 billion more in welfare?

(3) Since when is it the government's job to "stabilize home prices"?

(4) This guy is a Republican? If Obama wins, part of the reason has to be that conservatives aren't remotely energized by McCain who sounds more like a Democrat than a Republican.

The "Debate"

I could strangle both of them. Neither can answer a question. Case in point, McCain's answer (and I'm not picking on him, Obama is just as bad.) Brokaw: There are new economic realities out there that everyone in this hall and across the country understands that there are going to have to be some choices made. Health policies. Energy policies. And entitlement reforms. . . . Which of those will be your highest priority your first year in office and which will follow in sequence. McCain: [After asking for the three to be repeated and Brokaw specifically telling him to put them in order]: I think you can work on all three at once, Tom.

This Picture Is Everywhere

And everyone tells me it's a picture of Britney from the filming of her new video which, oddly, will debut on 20/20 this Friday. But I've pretty much downloaded every picture of Brit since she went crazy a couple of years ago. She's on my desktop wallpaper, the cover pic on my iPhone, and on my Christmas cards. I even hold up the picture of her shaving her head during my DWI closing arguments to try deflect criticism away from my innocent client and to cause a question mark to form over the prosecutor's head. But, to paraphrase Lloyd Bentsen, "I know Britney. Britney was a friend of mine. You, girl in the picture, do not look like Britney."

On The View This Morning

Man, if I had to stay home and watch this stuff, I'd go ahead and jump off the courthouse tower at the first chance. That's some serious yapping going on. But that cute little Republican girl is kinda what Wordkyle would be like if he was a cute little Republican girl. Follow me? I do. I would like to tell you how this turned out, but my eyes rolled back in me head and I passed out with two minutes left. When I came to, my pants were missing and someone had written "liberal wienie" on my forehead with a Sharpie.