6.09.2010

Random Wednesday Morning Thoughts

  • Update of the DWI trial yesterday: After being offered a better plea bargain because there weren't enough jurors, he finally took it after thinking about it over lunch. (He originally turned it down which prompted a few "what an idiot" murmurs in the courtroom.
  • Crazy debut by the #1 pick in the MLB draft from last year, Stephen Strasburg: 7 innings pitched and 14 strikeouts. The bang-to-hype ratio actually paid off. (But everyone might want to tap the brakes before they put him in the Hall of Fame.)
  • While jogging before 8:00 a.m. on Sunday, I came across a grown man with a basket on his his bike. And in the basket was a plastic replica of E.T. (Absolutely true.)
  • And a former Decatur kid was drafted in the eighth round yesterday in the baseball draft. I think that's high enough where they'll give him a serious look. I think. Baseball is weird.
  • Another Texas pipeline explosion resulting in death yesterday. Let's hope there is no trifecta today.
  • Big 12 watch: Nebraska may be gone by Friday. For college football fans, this is the craziest time I've ever seen.
  • Funny line yesterday about Texas determining if Baylor would get to tag along to the Pac 10: "Texas is like the cool guys getting into an exclusive club. If they want someone else in the VIP room, they get to go to the VIP room."
  • Have a mentioned that someone needs to get Miley Cyrus under control?
  • Four more U.S. troops killed in Afghanistan yesterday. Exactly what are we doing over there?
  • Al and Tipper Gore's daughter separates from husband, too?
  • Border Control Overkill: Shooting a Mexican teenager for throwing rocks at a border guard.
  • I don't know who runs the awful DPS Twitter feed, but if she writes, "Turn around! Don't drown!" one more time, I'm driving to Austin and submerging her head in the bathtub.
  • Another "anticipation video" that is not-a-good.
  • TCU and the Evil Empire play in the college baseball playoffs this week. Despite TCU getting a little cocky last Fall, I can never root for the Empire.
  • Yep, a little sports intensive today, but I woke up late.

6.08.2010

NBC 5's Kim Fischer

She posted this earlier today on her Twitter feed -- it's a dress she is going to wear this weekend to some high tone affair.
I'm so torn by this girl. She's professional on TV, mildly entertaining on Twitter, and irritating when you hear her call in to a talk show. But for now, "Hey, now."

Just Try Not To Cry. I Dare You.

Afternoon Pick Me Up

Not bad. Wait. That's not . . . it couldn't be . . . Sarah? Something just seems different.
(Thanks, Keith.)

Trial Update: This Was Unusual

So I went up and watched jury selection in the Felony DWI trial in the district courtroom and got to witness something unusual. Here's what happened. (Background: Felony DWI means the defendant is charged with DWI and has at least twice before been convicted for DWI, and this defendant intended to plead guilty and have the jury assess punishment.)
Each side in a criminal case can take off any ten potential jurors from the panel that he wishes. However, without "wasting" one of those ten strikes, he can ask the judge to remove a potential juror if he/she said something that indicates they would not be fair (that's called "for cause.") After the judge removes any potential juror "for cause", you need an absolute minimum of 32 people still sitting on the panel before the two sides exercise their ten strikes. Assuming the State and the Defendant do not strike the same person, then 20 people would be removed leaving ten to sit on the jury. (The strikes are made secretly and then turned into the district clerk -- neither side gets to know beforehand who will be removed by the other.)
It being summer time, only 35 people showed up for jury duty today. That doesn't give a whole lot of room for error. If, say, four people say something that gets them struck for cause, we're down to 31 people. If the State and the defendant then use their ten strikes, that leaves nine people. You can't have a trial with eleven people.
So the defense lawyer was conducting his voir dire (questioning the panel) and got to this critical question (after much explaining): Can everyone, as they sit their right now, say they can fairly consider the "full range of punishment." That is, can they can "consider" (but not necessarily give) the maximum of ten years in prison and a $10,000 fine. And can they "consider" (but not necessarily give) the minimum sentence of probation with no fine. The potential jurors don't have to promise to give a particular sentence (they haven't even heard the facts) they just have to say they'll keep an open mind about the full range of punishment.
That's when the jury panel started dropping like flies. By my count, there were 20 people who said they could never even consider probation in a Felony DWI case. The judge was left with no choice under the law but to remove them from the panel.
That left us with only 15 potential jurors. Normally, this causes the defendant to jump up and down because he can kill the case right now (although be retried at a later date) by exercising his 10 strikes. You can't have a jury with only five jurors.
At this point, as smart people do, the parties tried to resolve the case. The State lowered it's plea bargain a little bit and even gave a couple of options (I'll tell you those later -- this is good stuff). But the defendant balked.
OK, I thought. Trial over. Everyone go home.
Nope. The defendant told his lawyer he wanted to go forward with this jury. The State was told and agreed (they could have killed the trial to by exercising their 10 strikes.) So the State announced it was only going to use one of its strikes, the defendant said fine, and then exercised two strikes. That left twelve remaining.
And now the trial goes on.
From the defendant's standpoint, I think the guy just wants to get it over with. The remaining potential jurors weren't bad for him, but normally a defendant wants to put off the inevitable. And, from a defendant's lawyer standpoint, I'd always suggest shutting the trial down and coming back another day. As my law partner taught me ten years ago when we faced an almost identical situation: "They can convict you if they don't have a jury."
But the client calls the shots. The lawyer can only advise.
Lets' see how this works out.
Edit: Yep, I used some "Wise County math" in the original version.

Urban Outfitters Pulls Shirt . . .

. . . after pressure that it encourages eating disorders.
What?
Mrs. Obama and I have been trying to combat obesity for years, and now it's politically incorrect to have a T-shirt that reads "Eat Less"? Really? What's it supposed to be replaced with? "Eat More"? "Have Another Cheeseburger?"
I'm finally agreeing with you commentors, the country is going down the tubes.

Random Tuesday Morning Thoughts

  • I think there's a felony DWI trial this morning in Decatur district court where the defendant is going to plead guilty and "go to the jury" for punishment. Should be interesting to see if they give him any leniency for admitting guilt.
  • The trial had been intended for a guy who allegedly shot and killed another in the head but he accepted a 20 year plea bargain yesterday. I don't remember that case at all. Chico?
  • The Rangers selected a high school senior in the first round of the baseball draft last night who has already signed a letter of intent to play football for Georgia Tech. But he's going with baseball. I would have loved to have had that decision to make at age eighteen.
  • I go crazy every time I see an update on the gulf oil spill. It's getting bad and will only get worse.
  • Obama also wants to know "whose ass to kick" in connection with oil spill. (And Channel 5's Kim Fischer thinks that comment is "full of AWESOME!")
  • But there sure are a lot of nut cases getting press on how to clean it up. Dry ice (CNN). Hay (Fox News.) It's one thing to clean up oil out of a bucket during a demonstration, but it's a heck of a lot different to clean up a 100 miles of that stuff.
  • Is it possible to see more commercials about investing in gold? And why would I want to do it now that it's at an all time high?
  • I purchased a workout DVD. I got an "order confirmation" immediately. I got a "purchase confirmation" the next day. And I got a notice of "your order has shipped" seven days later. Really? You boys have trouble finding it in the warehouse?
  • Baylor's new president Kenneth Starr held a press conference yesterday about the Big 12 situation. He must not have changed much because it caused a CBS sportswriter to fire off a blog post entitled "Baylor's President Wastes Our Time." But at least he's just wasting time now instead of $40 million in taxpayer money on silly investigations.
  • WBAP's Hal Jay this morning making a wheeze laugh joke about Ranger Nelson Cruz: "Does he have a brother named Pablo?" (That was a "joke" in order to reference an obscure 1970s band. What's the demographic of WBAP again?)

6.07.2010

Depressing News Briefs

  • Hood County oil well explosion injures at least six this afternoon. As many as three unaccounted for.
  • Edit: Three confirmed dead. Wow.
  • Edit @ 4:01: Oh, no. Ten are still missing!!!!
  • Edit @ 4:27: Some are describing this as "pipeline rupture."
  • Edit @ 4:48: Now we're back to three missing.
  • Edit @ 6:09: Absolutely incredible -- there are no confirmed deaths after all. The rush to "be first" is killing journalism. CNN, Yahoo, the Dallas Morning News, all fed off unconfirmed reports. It even made the NBC Evening News.
  • Seven American soldiers killed in Afganistan.
  • 55 found dead in Mexico.
Sheesh.

Phone Wars

Apple announced its next generation iPhone today (lots of coverage here if you are interested in that sort of thing.)

President Obama In The Old "Whoomp, There It Is" Video?

At the 1:01 mark.

Are You My Caucasian?

From last night.

Random Monday Morning Thoughts

  • I saw cars nine deep at a Starbucks drive through yesterday. No. Way.
  • Not breaking news: It was brutally hot this weekend.
  • Tom Cruise recreated his role Tropic Thunder last night at the MTV Movie Awards with a dance number and it was insanely funny. (Some clips were already on the net but being taken down quickly by Viacom.)
  • Somebody needs to reign Miley Cyrus back in.
  • Baylor looks to be back in the mix with conference realignment.
  • 65% of the students in Dallas ISD are Hispanic. Only 5% are white.
  • Somehow I ended up in a suite at the Texas Motor Speedway on Friday night to watch the NASCAR truck series. But the highlight was getting to watch the Indy cars do a final practice.
  • Then I lost my car in the parking lot for 30 minutes. I never do that.
  • Former UCLA coach John Wooden died at age 99 over the weekend. Despite 10 national championships, he never made more than $35,000 a year.
  • And ESPN reran a package this weekend about how much he loved his wife who died in 1985. It featured former Sports Illustrated columnist Rick Reilly going to his home for a pre-arranged interview about her, but Wooden met him in tears at the door saying he couldn't do it because it was "too soon." She had been dead for sixteen years.
  • Somebody want to plug that oil leak?
  • Update on the news story of the porn star wanted for murder with a sword: He "died after falling off a cliff in California on Saturday when police used a stun gun to subdue him." Edit: Picture! Double Edit!: Video. Oh, man.
  • Those girls that were thrown out of their boat on Lake Bridgeport this weekend are lucky. Well, lucky after the fact.
  • I jogged this weekend listening to old Ticket bits I found. People have to think I'm crazy when I'm running alone and laughing.

6.04.2010

High School Graduation Thought

I think I may have missed something many, many years ago. I remember my graduation night and everyone saying, "Congratulations." I kindly said "thanks" over and over again but, honestly, I was thinking, "What's the big deal? It's high school? How could I not graduate?"
But listening to the radio this morning, when I learned about the column below, high school commencement may be less about the accomplishment of graduating and more about the passage of what ends up being a monumental milestone.
I guess, as is so often the case with youth, I was seeing the event from my eyes and not from those that I had a few years under their belts.

Ann Melvin Dallas Morning News 1998 Column on Graduation

The tumult dies.

The graduating seniors in their Ford pickups and secondhand Nissans depart.

For jobs, for the pool, for Grandma’s, for college, for a last, long loopy summer.

Forever.

Or until they need their clothes washed, whichever comes first.

Growing up a child is a series of leave-takings, from the first wobbly step away from the parent’s hand to the first day at school to the first slumber party to the first time he drives out of the driveway with a license.

But high school graduation is a leave-taking of high celebration and of irrefutable recognition that the child will be gone soon.

Too soon, when you remember the night we ran across the dark yard and laughed in pursuit of fireflies. Or the summer evening we drove through St. Louis and rolled down the windows as we crossed the Mississippi, singing “Ole Man River.”

Too soon, when you hear the back door slam and the call, “Mom, I’m home.”

And too soon when you review your own inadequacies as a parent.

As the slow line of caps and gowns files by, the parent sits suffused with pride and fear. “Doesn’t he look handsome?” mingles with a collage of worry:

“When was the last time we talked about God? Nietzsche? The balance of trade? Does he know how to balance a checkbook? Can she check the oil in her car? What about Winston Churchill and ‘The Midnight Ride of Paul Revere’ and Aunt Maggie, who worked as a welder during World War II? Did we tell ‘em that?”

Parents universally want to stand up and holler, “Stop, these kids don’t know enough yet. They don’t fasten the twistie on the bread sack or hang up their clothes or put the milk back in the refrigerator, and you want to turn them out on the world?? Stop!! I forgot to make sure that he prays every night and that she understands HMOs, Social Security and the Roman influence on modern jurisprudence, and did I tell him often enough that I love him?”

“Another year, I need another year.”

But the caps are in the air, the gowns are back in the rental barrel, and we all are standing out on the sidewalk, smiling and crying. Then we go home.

An old carnation begins to shrivel on the bedroom mirror. Notes paper the wall around the telephone, and schedules are leafed like shingles on the refrigerator.

Dress shoes lie askew under the chair, the celebration ham gives up leftovers, and old snapshots spill out of a shoebox on the table.

The first baseball uniform, Christmas at Grandma’s, the seventh-grade gang posing in front of the school bus at the Alamo, the first bicycle with training wheels, party photos from the prom . . . a Kodak collection of split seconds in the start of what you pray will be a good life.

The graduate is in the driveway, leaving again.

You go out, moved to speak your mind.

“I hope you were happy,” you want to say. “I hope life will go well for you. I hope you know I tried my best, and while I know it wasn’t always perfect, I tried to do the best I could for you. Whatever you have learned from me, it isn’t enough, not about life or the world or anything.”

“But I hope you can stand on my shoulders, reach higher and go farther with the little boost I gave you.”

Instead you say, “Do you have enough money? Fasten your seat belt. And call me when you get there.”

Wherever that may be.

Over Drummer

Random Friday Morning Thoughts

  • Southlake High School has moved its graduation ceremonies for tonight to Cowboys Stadium because of the heat. They don't rough it much in that town, do they?
  • Call me crazy, but is there any chance the "blown call" in the Perfect Game two days ago was intentional? Could we be dealing with an egomaniac umpire who wants attention regardless of the cost?
  • Isn't there some recognizable psychological phenomenon where a mother will kill her child for attention? Wasn't that a scene in The Sixth Sense?
  • My mid-life-crisis-lose-weight project update: Down 16 pounds. Now I've just got to find some program to tone up. And I hate lifting weights.
  • Someone made a comment yesterday about my Israel random thought which not only attacked me but proved they may be the most ignorant commenter ever.
  • Do I believe the Pac 10/Big 12 rumor? Yes, I do. Am I sick about it? Yes, I am. I remember sitting in the Baylor stands while in law school (when the team was good) and thinking, "I enjoy this so much, and I'll get to do this for the rest of my life."
  • Megan Fox has been in a bikini all week.
  • Even I think it's suspicious to be a suspect in a killing in Aruba and in Peru: Joran van der Sloot.
  • I'm still upset: I guess the also-rans of the old Southwest Conference could get back together. Baylor, TCU, Houston, Rice, SMU. And then look around and see what other spare teams you could pick up. North Texas? UTEP? Kill me.
  • The Decatur Walmart "missing baby" story yesterday was just weird. If it was a prank, it was a strange one.
  • The term "scrapbooking" makes my eyes glaze over.
  • Unemployment rate down to 9.7% this morning but there's also reports of little job growth. So confusing.
  • One of the Golden Girls died yesterday. I don't think I ever watched a single episode of that show.
  • My favorite old school sitcom: The Dick Van Dyke Show.

6.03.2010

OK, I'm Drawing The Line

Somebody bring back Hanna Montana. This is going to turn out so wrong.

Ex-Girlfriend Sets Self On Fire While Torching Car

Let that be lesson to my seven ex-wives out there.
Although, come to think about it, I really wouldn't mind the family truckster being torched.
Edit: I think I found the real story.

Update is Busy Today

Baby abandoned at Walmart?