May 20, 2004
Fool Me Once ...
REPORT:
An accused Texas murderer will, again, use the insanity defense at his upcoming trial.
BEAUMONT - A man accused of placing a 6-year-old boy in an oven will use the insanity defense in a murder case for a second time, his lawyers said today.
Kenneth Lee Pierott, 27, was found innocent by reason of insanity in 1998 in the fatal beating of his sister.
His attorneys told state District Judge Layne Walker of their intention to use the insanity defense at a hearing today. Walker set the case for trial Sept. 13.
According to a police affidavit, Pierott placed Tre-Devin Odoms in the oven "on 600 degrees and left him there all night." The body was found in the oven April 16. Police say the pilot light wasn't lit so it did not heat.
Preliminary autopsy results indicate Tre-Devin died of asphyxiation. A final autopsy report was still pending today.
Prosecutor Ed Shettle said he doesn't believe Pierott was insane at the time of the killing. He said Pierott was found guilty of forgery two years after the 1998 acquittal, and insanity wasn't brought up then. In Texas, defendants are presumed sane.
"There is ample evidence in the court's file in that case that he was sane at that time," Shettle said of the forgery conviction. "That certainly suggests to the state that this man is capable of being diagnosed as a person who is not insane."
FOR THE SAKE OF ARGUMENT:
Therein lies the problem with the insanity defense – just because someone may be insane, doesn’t mean they’re not dangerous.
Giving Mr. Pierott the benefit of the doubt that he has some sort of mental defect beyond his control overlooks the fact that he’s clearly a danger to society.
State lawmakers should work quickly to enact legislation designed to protect society from people who are found not guilty by reason of insanity by enforcing lengthy mandatory state hospital stays.
May 19, 2004
IOC Embraces Transsexuals
REPORT:
Transsexuals are now permitted to compete in the Olympics, it seems.
LAUSANNE, Switzerland — Transsexuals were cleared Monday to compete in the Olympics for the first time.
Under a proposal approved by the IOC executive board, athletes who have undergone sex-change surgery will be eligible for the Olympics if their new gender has been legally recognized and they have gone through a minimum two-year period of postoperative hormone therapy.
The decision, which covers both male-to-female and female-to-male cases, goes into effect starting with the Athens Olympics in August.
The IOC had put off a decision in February, saying more time was needed to consider all the medical issues.
Some members had been concerned whether male-to-female transsexuals would have physical advantages competing against women.
Men have higher levels of testosterone and greater muscle-to-fat ratio and heart and lung capacity. However, doctors say, testosterone levels and muscle mass drop after hormone therapy and sex-change surgery.
FOR THE SAKE OF ARGUMENT:
Let’s see if I understand this correctly – Olympic athletes are routinely disqualified for minute amounts of caffeine in their blood, but having the opposite chromosomes of their competitors is approved? The International Olympic Committee lists testosterone amongst its banned substances, but it’s OK to use if you’re a transsexual?
While I may not be the biggest sports fanatic, I’m a stickler for integrity when it comes to sports records. I refuse to accept that a woman who sets a record in the 800-meters can be topped in the record books by a woman who was born a man.
Likewise, I believe that Barry Bonds should have an asterisk next to his name in the homerun record books because of his steroid use (oh, please, let’s not kid ourselves).
The purest thing in our human culture is the raw ability for one person to best another in athletic endeavor. The IOC has now trashed the purity of sports records at the Olympic level.
The Politics of Gas Prices
REPORT:
Is there anything that the Democrats can’t blame on George Bush?
PORTLAND, OR (AP) -- Democrats led by presidential candidate John Kerry faulted President Bush on Tuesday for failing to tamp down gas prices as the political party out of power sought a summertime issue to ignite the election campaign.
Said Linda Day, who paid $1.97 per gallon for regular unleaded in Concord: "I don't think there's much difference between Democrats or Republicans."
That didn't deter Democrats, who delivered a coordinated broadside against the Bush administration, focusing on the business background of Bush and Vice President Dick Cheney, both of whom have long-standing ties to the oil industry.
Kerry accused the Republican incumbent of breaking a campaign promise to pressure oil-producing nations to increase production to help control soaring prices.
"Where is the president?" Kerry asked in Portland, where gasoline is selling for as much as $2.31 a gallon. "We need a president who is fighting for the American worker, the American family at the fuel pump."
Democratic governors, members of Congress and the party's chairman echoed the criticism, arguing that rising gas prices were squeezing the middle class and cutting into Bush's tax cut. Some, like Kerry, urged increased pressure on the Organization of Petroleum Exporting Countries, while others called for tapping into the Strategic Petroleum Reserve, a notion Kerry does not back.
Ten Democratic governors released a May 18 letter to Bush calling for an Energy Department investigation of the gasoline pricing structure, with three of the governors participating in a Kerry campaign-organized conference call Tuesday to criticize the president.
FOR THE SAKE OF ARGUMENT:
The Donks are clearly waging a battle seeking to take advantage of the ignorance of the audience. It is their hope that potential voters will agree that George Bush is responsible for the high fuel prices.
What Kerry, McAuliffe, et al, don’t want you to know is that the strict fuel standards put into place by the lefty environmentalists have put an undue strain on this nation’s existing oil refineries, which reduces the capacity of the refineries. Plus, oil manufacturers have not built a new refinery in America since 1984, at a time when consumption has skyrocketed. Even if we got more oil from the Saudis or started drilling in the Arctic National Wildlife Refuge (ANWR), the crude oil would still bottleneck in our refineries as the summer driving season gets into full swing.
The next time Kerry and his gang of Bitter Lefties assail George Bush over fuel prices, you should ask them if they’d be willing to drop fuel efficiency standards or allow massive new oil refineries to be built in their home states to lower prices.
If not, then perhaps they should look in the mirror the next time they hear a constituent gripe about fuel costs.
On another note, it’s worth pointing out the typical reaction of liberal Democrats every time a crisis situation (or even near crisis) arises – only the government can fix it!
For liberals, the government is the beginning, middle and end to every solution for any inconvenience we may face, whereas conservatives are empowered to solve problems without the assistance of the mighty federal government. Conservatives will slow down their driving speeds, drive less often, car pool, get another job to help with expenses, or buy a more fuel efficient car. Conservatives don’t look to the government to solve all their problems.
The Bitter Left will continue to blame and seek relief from the government.
Toothpaste is Out of the Tube
REPORT:
The issue of gay marriage has hit a fevered pitch in Massachusetts.
BOSTON (AP) — With gays and lesbians now legally wed in Massachusetts, foes of gay marriage vowed Tuesday to campaign hard, in state and national elections, for candidates willing to reverse the tide.
"It's very difficult, once a right has been claimed in law, to reverse that right, but we're going to try," said the Rev. Christopher Coyne, spokesman for the Roman Catholic Archdiocese of Boston.
The election battle will be waged on two main fronts: an effort nationally to elect congressional candidates supporting a constitutional ban on gay marriage, and an effort in Massachusetts to tilt the balance in the Legislature by ousting 10 to 20 lawmakers who opposed a state ban.
FOR THE SAKE OF ARGUMENT:
Does anyone besides me get the impression that Massachusetts was simply the first domino to fall in the gay marriage debate and there is no way to set the dominos back up again?
As Agent Smith said, “Do you hear that, Mister Anderson? That is the sound of inevitability.”
May 18, 2004
Breaker 1-9 for XXX Porn!
REPORT:
Some people will go to great lengths to buy (or sell) their porn.
MOUNT COMFORT, Ind. -- Hancock County officials are trying to stop a man from selling pornographic movies to truckers at the Mount Comfort Road exit off I-70.
Joe Byrer, 40, advertises his wares over his CB radio, telling other motorists on Channel 19 that he's offering X-rated flicks at the price of three for $20.
He then parks his red Chevy pickup along a dead-end road adjacent to the Pilot Travel Center and waits for customers.
"That is not a permitted use for that property," said Mike Dale, Hancock County's chief zoning enforcement officer.
Byrer's preferred spot for selling his merchandise is less than a mile from Mount Comfort Elementary School and Mount Comfort United Methodist Church.
Efforts to force Byrer out of the area have proved difficult, however, partly because of questions over what laws, if any, he is violating. The County Commissioners may consider the matter Monday.
Dale thinks a strict reading of the county's zoning laws prohibits Byrer's business. But Hancock County Sheriff Nick Gulling said he does not know of any laws being violated.
"It's not a major issue with us at this point," Gulling said. "But we'll continue to follow it and see what we're going to do."
The Sheriff's Department ran a background check on Byrer and found no problems, said Deputy Joe Hunt. Byrer sought the Sheriff's Department's guidance on making sure he had any needed permits, Hunt said.
"We don't have a peddlers ordinance or law in this county that we know of," Hunt said.
The first complaint about Byrer came in this month.
But he refuses to leave unless officials can show him he is breaking the law.
FOR THE SAKE OF ARGUMENT:
Perhaps law enforcement officials are coming at this from the wrong direction:
[Code of Federal Regulations]
[Title 47, Volume 5]
TITLE 47—TELECOMMUNICATION
PART 95--PERSONAL RADIO SERVICES--
Subpart D--Citizens Band (CB) Radio Service
Sec. 95.413 (CB Rule 13) What communications are prohibited?
(a) You must not use a CB station--
(1) In connection with any activity which is against federal, state or local law;
(2) To transmit obscence (sic), indecent or profane words, language or meaning;
(3) To interfere intentionally with the communications of another CB station;
(4) To transmit one-way communications, except for emergency communications, traveler assistance, brief tests (radio checks), or voice paging;
(5) To advertise or solicit the sale of any goods or services;
[…]
Remember, the Feds got Al Capone on tax evasion, not murder.
Deathbed Confession = No Charges
REPORT:
A deathbed confession in PA:
PHILADELPHIA -- A man dying of cancer called police to his bedside to confess that he shot a stranger to death as they argued in a parking lot nine years ago, authorities said.
Prosecutors said William Kovitch, 74, will not be charged because he is too ill to go to court.
Kovitch told detectives last month that he shot the stranger in 1995, apparently after the other man pulled over to complain that Kovitch had bumped his car in traffic.
Kovitch said he fired because he mistakenly thought the man had a weapon, according to prosecutor Diane Gibbons.
Authorities identified the victim as Todd Stewart, 30. Police said he was shot in the head and chest.
Kovitch, who has pancreatic cancer, was listed in critical but stable condition Friday. Gibbons said he is not expected to live long.
FOR THE SAKE OF ARGUMENT:
I think it is wise for the prosecutor to weigh the costs of prosecution against the probability of the suspect’s pending death and the likelihood of the perpetrator to repeat his crime. If the suspect is tried and convicted, the taxpayers will shoulder the costs of his medical expenses in addition to this incarceration.
But, I think it is imperative for the local prosecutors to, at the very least, officially file charges against him and set a small bail. Not doing so would give the impression that the prosecutors are not serious or evenhanded about criminals. Advanced age or illness is no excuse or justification for exoneration.
Plus, if he miraculously recovers from his illness, the paperwork will already be in order to prosecute him.
US Olympic Athletes Warned
REPORT:
A warning for U.S. athletes competing in the Summer Olympics:
American athletes have been warned not to wave the U.S. flag during their medal celebrations at this summer's Olympic Games in Athens, for fear of provoking crowd hostility and harming the country's already-battered public image.
[…]U.S. Olympic officials have ordered their 550-strong team to exercise restraint and avoid any jingoistic behavior.
The plan is part of a charm offensive aimed at repairing the country's international reputation after the deepening crisis in Iraq and damaging revelations of the mistreatment of Iraqi prisoners by U.S. forces at the Abu Ghraib prison.
"American athletes find themselves in extraordinary circumstances in Athens in relation to the world as we know it right now," said Mike Moran, a veteran former spokesman for the United States Olympic Committee who has been retained as a consultant to advise athletes how to behave.
Four years ago at the Sydney Olympics, members of the victorious American 400-meter relay team were widely condemned for strutting with the U.S. flag after their gold medal presentation. American officials, mindful of the country's precarious standing in world opinion, are desperate to avoid any repeat.
"What I am telling the athletes is, 'Don't run over and grab a flag and take it round the track with you.' It's not business as usual for American athletes. If a Kenyan or a Russian grabs their national flag and runs round the track or holds it high over their heads, it might not be viewed as confrontational. Where we are in the world right now, an American athlete doing that might be viewed in another manner."
FOR THE SAKE OF ARGUMENT:
It’s interesting that so many nations seem to hate the United States, though many of their citizens would gladly move here if given the opportunity.
I’m reminded of how many NASCAR fans proclaim their contempt for racer Jeff Gordon. Generally, people hate Gordon because he’s young, good-looking and extraordinarily successful. Yet, if given the opportunity to meet him, any NASCAR fan would immediately drop what they’re doing to do so.
Similarly, most of those who hate America do so because America is younger, better looking and more successful than other nations.
But, just as Jeff Gordon still drives a victory lap and stands atop his car in Victory Circle after a win, so too should U.S. Olympic athletes upon their wins.
May 14, 2004
Monday Morning Analyzing
On the subject of the Abu Ghraib prison scandal, I have an observation.
Many years ago, I read a behavioral theory on human behavior in foreign environments. The conclusion was that outside of familiar environments, humans had a inclination to behave in a foreign manner.
A prime example, I believe, is the US Congress.
When small town Joe Politician gets elected to the US Congress, he leaves his wife and 2.5 children back home in small town America while he moves to the foreign land of DC. In our Capitol, he becomes an overnight sensation – lured by big power, big money and big-breasted women seeking favors and power. In DC, Joe Politician feels so far removed from his small town origins and roots that he no longer behaves in the manner he was accustomed to and becomes absorbed in his new Big Power lifestyle.
Next thing you know, he disregards all campaign promises, becomes a pawn of lobbyists and finds himself involved in an intern scandal.
I think the same principle can be applied to some of our troops in Iraq. They are no longer even in America. They are far, far away from anything even remotely familiar. They’re wives (or husbands), parents and children are thousands of miles away.
In a foreign land, they behave in a foreign manner.
Mind you, I’m not excusing the behavior of Congressmen or rogue soldiers, just attempting to understand it.
Dropping Like Flies
My 8-month-old daughter sustained her first moderately significant injury Wednesday after falling over (while attempting to stand) and hitting her face on a dining room chair. A raised welt, she has.
Not to be outdone, my 14-year-old son broke his pinky finger at school playing football Thursday morning. A cast, he has.
Questioning the Intellect of England
REPORT:
More on Pfc. Lynndie England and her military sex life:
Shocking shots of sexcapades involving Pfc. Lynndie England were among the hundreds of X-rated photos and videos from the Abu Ghraib prison scandal shown to lawmakers in a top-secret Capitol conference room yesterday.
"She was having sex with numerous partners. It appeared to be consensual," said a lawmaker who saw the photos.
And, videos showed the disgraced soldier - made notorious in a photo showing her holding a leash looped around an Iraqi prisoner's neck - engaged in graphic sex acts with other soldiers in front of Iraqi prisoners, Pentagon officials told NBC Nightly News.
"Almost everybody was naked all the time," another lawmaker said.
FOR THE SAKE OF ARGUMENT:
Following this GI orgy story and the intriguing interview she gave to KCNC-TV on Denver, I have to wonder if Pfc. Lynndie England should change her defense from Nuremberg (“I was only following orders”) to that of mild mental retardation.
I don’t mean that as a jest or a subtle dig at her personally – I truly have questions about her intellect.
I know recruits have to take the ASVAB, but surely the IQ-challenged can still squeak in, can’t they?
May 13, 2004
Lynndie England in Sex Photos
Private Lynndie England, it is now revealed, is pictured (literally) in numerous sex photos with numerous US soldiers.
NY Post has details.
He Had a Good Mentor
REPORT:
A former FBI agent has found himself in trouble.
LOS ANGELES -- A former FBI agent charged with allowing classified documents to fall into the hands of his lover -- a woman suspected of being a Chinese double agent -- pleaded guilty Wednesday to lying about the affair.
James J. Smith, 60, also agreed to cooperate with the government in its investigation.
U.S. District Judge Florence Marie Cooper said Smith faces up to five years in prison at sentencing next January. But outside court, defense attorney Brian Sun said the sentencing guidelines indicate his client would serve no more than six months and perhaps no time.
Sun emphasized that Smith admitted only that he had a sexual relationship with Katrina Leung and that he lied to the FBI about it. He did not plead guilty to any counts involving mishandling of classified information.
FOR THE SAKE OF ARGUMENT:
This government agent is going to jail for lying about sex?!
Come on?!
We all lie about sex!!
/sarcasm
David Reimer, RIP
This is the saddest story I've seen in ... well ... hours.
I saw this featured on 20/20 (or 60 Minutes, or something) years ago. He was born a boy in 1965, had his penis seared off in a circumcision mishap, raised a girl, only to find out at age 15 the truth about his gender. He spent the rest of his life trying to be a man.
He's dead from suicide.
May his tortured soul rest in peace.
They Were What?!?
Damn, nearly 15 years after it's release, I was just informed that the two kids from Blue Lagoon were brother and sister!
Well that totally changes the whole meaning of that story!
Kerry Ain't Representin'
REPORT:
Just in case George Bush decides to take political and campaign advice from John Kerry, here it is:
WASHINGTON -- Democratic presidential candidate John Kerry said Wednesday any number of people, including Republican Sens. John McCain and John Warner, could replace Defense Secretary Donald H. Rumsfeld, rejecting concerns that a change in Pentagon leadership could hurt the war effort.
"If America has reached a point where only one person has the ability in our great democracy to manage the Pentagon and to continue or to put in place a better policy even, we're in deeper trouble than you think," Kerry told broadcaster Don Imus. "I don't accept that. I just don't accept that. I think that's an excuse. The fact is that we need a change in policy."
Asked who he would put in place as defense secretary, Kerry first named McCain, R-Ariz., and then listed Sen. Carl Levin, D-Mich., Warner, R-Va., and William Perry, who served as defense secretary under President Clinton.
FOR THE SAKE OF ARGUMENT:
This is a clever little trick by Mr. Kerry.
By feigning support for Republican senators as potential replacements for Mr. Rumsfeld during the Bush term, the less informed might think Kerry to be a centrist.
But, as we all learned in our high school government classes, when a senator leaves his or her seat for any reason, that state’s governor chooses a replacement. You’ll notice that the two Republican senators that Kerry suggested both come from states with Democratic governors (AZ and VA). The Democratic senator Kerry recommended (Levin) likewise comes from a state with a Democratic governor (MI).
If McCain or Warner took over as DefSec, the balance of power in the Senate would return to 50-50 (technically, 49-50-1) with the GOP VP breaking tie votes.
Your sneaky mind games won’t work on us, Senator Kerry.
Speaking about Senate seats, several people are now suggesting that Senator Kerry should resign his seat to focus his efforts on his presidential campaign and to better allow full time representation for the Massachusetts citizens.
James Taranto:
There's an easy solution: Kerry should quit the Senate, as Bob Dole did in June 1996. This not only would allow the appointment of a full-time replacement but also would demonstrate Kerry's own confidence in his presidential campaign, possibly giving a boost to his party's morale.
Yes, but the governor of Massachusetts is a Republican.
You do the math…
Incidentally, a caller to my radio show just ridiculed the idea of Kerry quitting his Senate seat since Bush didn’t quit his governorship of Texas during his presidential campaign in 2000. But, the Texas Legislature only meets on odd-numbered years for 140 days. That means they met in January through mid-May of 1999. Bush announced his candidacy one month later on June 12,1999 - thus not missing a single vote in the Texas Legislature. Anything that Bush may have missed by being out of the state of Texas was purely ceremonial.
Better put, the voters of Texas were deprived of NOTHING by Mr. Bush’s absence during his presidential campaign, whereas the residents of Massachusetts are denied a vote in the Congress because of John Kerry’s campaign for president.