My Favorite Play Of The Week From Last Saturday

A football play has to have a certain weirdness factor in order for me to force Mrs. LL to watch the replay. This was one of them last weekend. (I even got an "Oh, wow!" out of her.)

And Another

Well, if "sexting" counts in the "And Another" competition.

But you almost have to question her judgment more than the others. No physical contact but she sends photos  of herself? She is a disgrace to educators everywhere.

News Important To My Wise County Courthouse Friends

Story.

"Talk show host" probably isn't the best description. This guy lived in Boyd for a long time and was constantly in the courthouse (ours and others) trying to talk to prosecutors, judges, and the grand jury so that he could file charges against various officials. I'm pretty sure I recall him wanting to indict me at one time or another despite telling me that he really liked me. In his defense, he's pretty smart.

 It looks like Cherokee County didn't take kindly to his activity there,  but I'm shocked that they actually charged him with a crime, much less convicted him, for what he did there. (See link above.)

When I was DA, I tolerated him and would normally give him an audience. Most would just run him off. One County Attorney actually charged him with Resisting Arrest or Detention due to an incident in Boyd and he represented himself, was found guilty, but the jury ordered $0 fine and no jail time. (I'll have to verify that.) Here's a pleading that he filed in the case.

Our current DA was incredibly nice to this guy and even appeared on his Internet radio show.

A google search of this guy gives rise to a treasure trove.

Random Wednesday Thursday Morning Thoughts

• Edit: Had a bit of a malfunction this morning which caused only the picture above to be posted between 5:30 and 8:30. Someone noted that it was my best Random Thoughts ever.
• I'm not a baseball fan, but last night had to be one of the greatest ones in major league history.  That's what happens when baseball games mean something. 
• Here's a new one: Wrong way driver hits motorcycle in Dallas.  Throw in crashing into a cop car and we would have had a Liberally Lean Trifecta.
• ESPN's has a new 30 for 30 about Steve Bartman. Man, it sounds great. 
• Who is the bigger tease/drama queen/narcissist: Sarah Palin or Chris Christie?
• Mrs. LL asked me last night if I wanted to go to the State Fair this year. If they would bring back the Freak Show with the Monkey Boy and the Lizard Woman, I'd consider it.  (Plus, I'd have to fight through all those Final Destination visions when I looked at the amusement rides.)
• I missed that there was also a Jacksboro female arrested in the federal government's made-for-press-release-roundup of a motorcycle gang: Erin Myshea Hartzell-Kinsey. The best I can tell, she is married to fellow arrestee, "Skinny Bandido". I guess that makes her Mrs. Skinny Bandido.
• Four soldiers were arrested in Oklahoma for a home invasion robbery. I wonder if anyone ever bought their meal in a restaurant to thank them for their service?
• "There's blood." -- Mrs. LL's response to my question of "how bad is it?" when one of the Kids In The House smashed her finger in a door last night.
• The kid didn't understand it when I told her "You'll never play the violin again."  That was actually my second Three Stooges joke this week since I got to use, "It's all clogged up with wires!" when I was trying to hook up my computer to the video system in the courtroom. 
• The Knox City Superfan is now selling T-shirts. I'm out. 
• Whatever happened to Nancy Kerrigan?
• The Fed's have arrested another guy who they delivered fake bombs to and claim to have struck a major blow against terrorism.  I've been ranting about these kind of arrests since 2009.
• The Update starts our morning with a car crash photo.

The Only Time Baseball Is As Exciting As A Run Of The Mill College Football Game

As of this moment, Tampa Bay and Boston are fighting for the last playoff spot. If both win or both lose, they will have an extra game tomorrow to decide who gets in. Otherwise, the winner grabs the final spot. Currently, Tampa Bay just threw up an "Oh, my!"

Also, if Texas wins, they face the Tampa Bay/Boston winner in Arlington on Friday. If they lose tonight, they go to New York for a game on Friday. Currently:

It may take 160 games to get to some excitement, but tonight's the night.

Wise County Better Step It Up

Jack County just scoreboarded us. Story.

Trial Results

Lonely Wise County Courtroom After The Fact

"Not Guilty" this morning. Deliberations took about one hour. (And before I'm accused of shameless self promotion -- one of the few perks for me of this blog -- let me plead "guilty" with the added disclaimer that I'm a big believer in the facts meaning  far, far more than the lawyer.)

I mentioned to you earlier this case was unusual and it was. Basic facts:  Sheriff's Office receives a call at 2:50 a.m. that a pickup is sitting half on and half off a remote country road in Wise County, all lights off, and the radio blaring.  The caller, who is going to work, said it just seemed "suspicious".  He couldn't say whether it was running or not.

A deputy responds in 10 minutes. The driver is found sitting behind the steering wheel with his hands to his side. The deputy testifies the vehicle was running with the transmission in "park". He then turned the engine off by reaching in the open driver's side window -- the music (which was Eminem's Slim Shady) continued to blare until the deputy opened the vehicle door. The driver remained  asleep and only woke up when the deputy spoke a few seconds later to dispatch over the radio. The driver is initially disoriented and admitted to drinking "two to three beers".

The deputy arrests him for Public Intoxication because there are no troopers available to perform field sobriety testing for a DWI investigation. The Deputy tells him, "It's your lucky day." However, about three minutes later a trooper reports he is available and arrives at the scene in about twenty minutes.  Routine field sobriety testing occurs as well as the arrest of the driver for DWI. The driver refuses to provide a sample of his breath.

A search of the vehicle reveals a receipt for a six pack of beer purchased in Runaway Bay at 11:34 p.m. That's about five miles away and three and half hours ago. One beer is in the truck and half empty. One beer cannot be found. Four full/unopened ones are in the sack.

There's always a ton of issues in a trial but the main one was this: Assuming the State proved intoxication, was the driver "operating" a motor vehicle when the deputy found him? The driver/defendant did not testify. The jury will have no information about what happened before the deputy arrived on the scene, why the driver decided to stop at that location, or how long he had been there.  Nor will they have any information regarding whether the driver was intoxicated when he initially parked the vehicle. The term "operating" is not defined by the Texas Penal Code. So was he operating a motor vehicle when the deputy walked up to him and found him asleep?

That question, to me at least, is as much of a philosophical question as a factual one or legal one.

Edit: Can't post comments about "what Barry knows" or any factual allegation that I can't verify.

Random Wednesday Morning Thoughts

• That Michael Jackson audio released yesterday in the criminal trial of his former doctor was creepy and shocking. (Audio with transcript here.) It didn't sound like him. At all.
• But that's nothing but a showboating-Hollywood-prosecution-for-TV trial.
• My DWI trial wore me out yesterday. (And TV would not have been interested.)  We finish up this morning after the decision was made late yesterday to not have my client testify. That's a decision I normally don't recommend or support. (I'm unconventional in that practice.) We'll see.
• Odd: I've got a former DWI client on the jury.
• For some reason, the conservative media outlets were all giddy about Chris Christie last night expecting that he might announce or give a major clue that he will enter the GOP race. Do you guys even know what you want? 
• NBC Nightly News had a graphic last night that showed what the presidential polling results were exactly four years ago: Republican Rudolph Giuliani and Democrat Hillary Clinton had overwhelming leads. We've got a long way to go.
• News item all over the place yesterday: DFW has some of the most congested traffic in the nation. I'm shocked.
• Jacksboro man dead in Parker County crash.
• The young driver of the vehicle which crashed and killed four in Wise County this summer was not "drunk" according to the Messenger today. (His blood test revealed .03).  He's out not of the woods yet. Trust me, they'll try to prosecute him under some theory. 
• The Rangers start the playoffs on Friday and they don't know if they'll play either Boston or Tampa Bay in Arlington, or if they'll play the Yankees in New York?

Messenger Above The Fold

Haters Gonna Hate

Someone doing internet humor on a screenshot from last night.

Guy Drops Kid Going After Fly Ball

I'll be honest, it's a little difficult to see how this guy dropped his daughter during the first 30 seconds, but then the video takes a dramatic twist. I know that look!!!

Heckler Calls Obama "Anti-Christ"

Good to see America hasn't changed after a morning being away in trial.

Random Tuesday Morning Thoughts

• I only half watched the Cowboy game last night but you should only be awarded half a win if you kick six field goals with no touchdowns. 
• Nothing helps Tony Romo's image more than yelling at teammates. And, boy, did he have reason to yell last night. Had any of those receivers seen a playbook before?
• Heard on radio: His center looked like an automatic pitching machine whose timing mechanism was malfunctioning.
• I had already forgotten how much the new Cowboys Stadium looks like Texas Stadium if the shot is from a blimp, at night, and with the roof open. 
• The feds are always going after porn cases but this metroplex guy is not your typical internet downloader.Sheesh. 
• Our local DA's office has indicted some very elderly woman who has difficulty walking to the bench at a docket call.  I'm not sure what they accused her of, but the defense lawyers have the best time looking at the prosecutors and shaking their heads every time her case is called. 
• A sixteen year old boy is held by his stepfather while his mom disciplines him with a stick? Then the boy puts the stepdad in a choke hold and he dies? Fort Worth police are investigating. 
• Posting will be a little slow today because I'm in a DWI trial. A weird one at that. I might run the facts past you guys later.
• Mrs. LL is about to get the Gangsta Family Sedan back. I think she's a little nervous of driving it again. And I don't like how much she has enjoyed the extended cab truck she's been driving. 
• Watch Rick Perry dance with a bunch of Rabbis last year. I'm serious.
• Texas Tech student fell to his death over the weekend. Lots of college students end up dead because of falls. 
• Ashlee Simpson throwing down a "Hey, Now" in Cabo.
• Any hardline conservative who thinks Herman Cain has even a chance at getting the Republican nomination is delusional (or in denial.) 
• I'm hearing Nancy Grace had a Janet Jackson like wardrobe malfunction on Dancing With The Star last night.  This truly will be a decision on my part which is the equivalent of deciding whether to look at a car wreck.

Fight Through It

Weather graphics. Car wreck stories. Giggles.

What Could Possibly Go Wrong?

The good news: Lockheed Martin needs the sale since it announced layoffs today.

The bad news: That collective "Say, what?" you heard came from Israel.

Story.

Monday Afternoon Pick Me Up

There's was a fight in the stands at the Raiders/Jets game yesterday and look what the cops drug out of the crowd.

Ain't no woman like an Oakland woman.

This Seems To Happen A Lot

Last week in one of my Random Thoughts, I casually mentioned a name you probably hadn't heard in years (and possibly never of at all if you are young enough). Then today we hear this about him.

Edit: Bud Kennedy pointed out on Twitter that Harold Taft and Icky Twerp died 20 years ago this week.

The Newspaper Business Is Brutal

I don't know the interest level here, but Richie Whitt, the lead sportswriter for the Dallas Observer, just announced that he is no longer the lead sportswriter for the Dallas Observer. In fact, they've let him go altogether. And it sounds like it came with no warning. Ouch.

He was a long time Star-Telegram writer before moving to his last gig, and I've always thought he was the best one around. Plus, he was a Liberally Lean fan.

He still has his radio jog with The Hammer on The Fan but, heck, radio may be a more dicey business than the written media. (And for you Ticket fans, if you've never read his article on the divorce of The Hammer from The Ticket, it's a must read.)