Looney Tooney Legal Antics

Next time you happen to be in a courthouse, take a quick peek around for Tweety, Mickey Mouse, Donald Duck and his girlfriend Daisy. You just might find one of them on the witness stand.

In what lawyers believe was a clerical error worthy of a Looney Tunes cartoon, a court in Naples sent a summons to the characters ordering them to appear Friday in a trial in the southern Italian city, officials said.

The court summons cites Titti, Paperino, Paperina, Topolino -- the Italian names for the characters -- as damaged parties in the criminal trial of a Chinese man accused of counterfeiting products of Disney and Warner Bros.

I wonder how valid an oath to tell 'the truth, the whole truth and nothing but the truth' is when given by a cartoon character.

I can hear it now, "Damm, that bird sung like a canary ... but it was the mouse that did me in!"

Th... th...that's all folks!

The New Russian Roulette

Hit or miss. Lucky or not so lucky, you just never know.
And it appears to bes growing. Almost every single day. Getting bigger and bigger. More and more of an issue.

Playing Russian Roulette with somebody else's life?

But don't worry. A solution has been found.
Its called the ever-prevalent, also-growing ... enquiry.

• How many people have died from the police use of tasers?
• Should they really be considered 'non-lethal'?
• How many jurisdicitons have now ordered enquiries into their use?
• Are many people just overreacting, not understanding the realities and complexities of police work?

Quite frankly, I don't know the answers. But here's what I do know.

From Not A Lawyer:

In Ohio, a pregnant woman who was on the ground was shot with a Taser gun by a police officer because she refused to answer his questions and resisted being handcuffed.

The woman had arrived at the police station with her 1-year-old son in tow and asked the police to take custody of the child because she was tired of dealing with his father. When questioned, she refused to answer and just tried to leave with her child. The officer decided to detain her because he says that he feared that letting her leave with the child could have put the boy in danger.

So, as the officer grabbed her, she resisted him and ended up on the floor and resisted being handcuffed. She was wearing a winter coat, so the cop didn’t realize she was pregnant and pulled out his trusty Taser and shot her with it.
This officer remains on duty as the FBI investigates the case to determine if excessive police force was used. The police department says that they are also investigating the incident.

Meanwhile, the condition of the woman and her unborn child are unknown.

Apparently, according to a copy of Trotwood Police Department General Orders, police officers are encouraged to "greatly evaluate each situation with discretion" before using a Taser on a child, elderly person or pregnant woman.

But unfortunately this isn't the only pregnant woman who has been tasered.

Tianesha Robinson, 33, was pregnant in 2006 when she was jolted by a stun gun in Kansas after she allegedly resisted arrest during a traffic stop. Robinson ultimately had a miscarriage, according to The Associated Press, but doctors could not conclusively link the Taser to the woman losing the baby.

Another woman, Cindy Grippi, delivered a stillborn girl in December 2001 after California police hit her with a Taser. A medical examiner never determined the cause of the child's death, which could have been traced to the woman's methamphetamine usage. Still, the city of Chula Vista settled a lawsuit with the woman for $675,000, according to the AP.

But wait, there's more.

Authorities in Utah are probing a recent Taser incident in which motorist Jared Massey was struck by the device after allegedly disobeying an officer's requests. Massey, who filed a complaint with Utah authorities about the trooper's use of force, posted the dashboard camera video of the confrontation on YouTube last week. The incident sparked a new round debate.

We've had our share of incidents in Canada too.

Canadian officials continue to investigate the case of Robert Dziekanski, a Polish immigrant who died after he was hit by a Taser at the Vancouver International Airport in October. The four police officers involved in that incident, which also was caught on surveillance tape, have since been reassigned to different posts. Eighteen people have died in Canada after being hit with a Taser in the last four years, according to the Canadian federal police.

More on that last one here. Which resulted in the federal government ordering a review of the RCMP taser policy. You can even watch the video. If you're so moved.

That review, however, will not include other police forces.

In Montreal, Quilem Registre died in mid-October after being shocked by a Taser at a police station where he had been brought for questioning. He had been stopped as a result of a traffic violation, and officers said he appeared to be intoxicated.

And more local to me.

A man has died in a Dartmouth jail about 30 hours after he was jolted by a Taser, prompting Nova Scotia's justice minister to order a review of police use of the weapon.

But Halifax Regional Police said Thursday that it's too early to speculate about whether the Taser hit killed the man.

There's a bit of a catch with this one, you see. The 45-year-old man died about 30 hours after officers used a stun gun to subdue him. That was 30 hours after he received medical attention and was cleared medically follwoing the use of the taser.

So where is this all going?

Well, it would appear that there are more lawsuits outstanding. Some have already been dismissed by the courts. And obviously with good reason.

U.S. District Judge Andre Davis dismissed Sparks resident Brian Nero’s lawsuit against officers Seung Pak and Jai Song, who responded to Nero’s home shortly after midnight July 6, 2003, for a 911 call of a disturbance.

“In light of the information that was available to the officers when they arrived on the scene, their action in entering the Nero home was objectively reasonable ... ” Davis wrote in a Sept. 27 decision. “ ... The decision to ‘detain’ [Nero] was also plainly objectively reasonable.”

Pak and Song were greeted at the door by Nero’s wife, Maria, and entered the home, where they found Brian Nero naked in the bathroom ­— inside an “attic-like storage area” — with a handgun, according to the judge’s decision. The officers requested the help of a tactical unit and used their weapons, including a Taser gun, to detain Nero until other units arrived.

This is the first lawsuit that I am aware of in Nova Scotia.

When an agitated Mr. Saulnier decided to leave the police station through a back door, two Mounties followed him outside and ordered him back inside, the statement of claim alleges. One officer went back inside to grab a Taser, then returned and fired the darts into Mr. Saulnier’s back.

"According to the RCMP, (Mr. Saulnier) was in an altercation with one officer and the other one got him from behind," Mr. MacGillivray said. Mr. Saulnier fell to the ground and both officers jumped on him, the statement of claim says. A third officer came outside to help. Two officers repeatedly Tasered Mr. Saulnier in "drive-stun mode" by applying the weapon directly to his lower back and other parts of his body, the suit alleges.

A Taser used in this fashion inflicts pain but does not immobilize, Mr. MacGillivray said last month.

And people in a state of so-called "excited delirium" cannot be immobilized by pain, he said.

And as always, there are what appears to be valid arguments on both sides of the issue.

But here's another piece of the problem, you see. It appears that a fair number of the individuals who have turned into 'unfortunate statistics' after being tasered suffer from some form of mental illness. And there's no denying that the legal system in general, including the police, tend not to do such a good job with these people. Its a system that quite frankly is not equipped to handle these situations.

More interesting facts.

The human rights organization Amnesty International, which urges more restraint by law enforcement when choosing to discharge the devices, cited 250 cases in the United States in the last six years in which a suspect died after being hit with a Taser. Those statistics, however, do not track whether the shock actually caused the deaths.

Taser International Inc., the company that manufactures Tasers, claims that the device can only be tied to 12 deaths but does recognize that pregnant women are at more risk of danger if hit by one of the devices.

Possible solutions?

Some, of course, argue for the complete banning of tasers, protesting that drawing a weapon of deadly force to protect one's self or citizens might be preferable, as at least then both the police and the subject threatened would have the prospect of making an informed judgment about the consequences of their conduct.

Apparently, the UN has gone so far as to call their use "torture". Apparently the UN has been known to be a little wacky on occasion. I mean if even stunning someone with a taser is torture, wouldn't the majority of the member nations of the security council be considered torturers? And if stunning someone with a taser is torture, what do you call it when the police actually have to shoot someone with a real gun? Sometimes dead. Sometimes 'only' wounded. But maybe better dead then alive, no? I mean when you're wounded you feel pain, right?

Perhaps we need to shift the lens here. Is the question really whether we should outlaw it as being torture? Because if it is, we best tell the cops they can't carry guns or batons any more either. Batons can hurt too, you know.

Or is the real question closer to when and how their use might be justified? Much like we have guidelines for police use of firearms.

Its almost cliche to state that law enforcement is not an easy job. I won't go on to say that I don't envy the police their job, that I wouldn't want to to it, because at one time, many years ago, I actually considered just such a vocation. But I will say that I respect what they do (even if that's hard to remember sometimes during a motor vehicle stop) and realize that its very easy to second guess their judgment from the comfort of our own computer chairs and lazy boys. We weren't there. We don't know. And only truly informed hindsight is 100%.

What would I suggest?

Better education and training for the police, both concerning mental health issues and the use of tasers in general. As an interim measure.

For the rest of it, I really think we have to sit back and let those enquiries do their work. Because the larger question is whether or not (even with increased education and training on the part of the police) tasers are something that we want to see included in the police arnsenal. Are they safe enough with proper training and guidelines? Does the safety they bring as another police tool justify their use?

Anything can (and often will) have unintended consequences. We will always have some individuals who suffer damages way out of porportion to anything we would expect from a given incident. Usually due to pre-existing suseptibilities. We simply can't wrap everybody up in protective bubble wrap. And, even if we could, would we really want to?

What needs to be happen is a weighing and balancing exercise. After all the evidence is gathered. And all the stakeholders heard from. Only then can we reach a reasonable decision. The issue is important and shouldn't be ignored. It needs to be seriously examined. But at the same time I think we really need to be wary of jumping to quick, relatively 'easy' conclusions. Which, there's nothing new there, is there?

Knowing ... Not Panicking

Last month was Epilepsy Awareness Month in the United States.
In Canada, it is recognized in March.

But whatever the time of year, it never hurts to remind ourselves ... Do you know what to do if you see someone having a seizure?

You Mean You Didn't Know There Was Such A Thing As Fighter Pilot Jokes?

Continuing with the "changing a lightbulb" theme and adding in some humour at the expense of our friendly neighbourhood fighter pilots:

1. How many fighter pilots does it take to change a lightbulb?
Just one. He holds the light bulb and the world revolves around him.

2. How can you tell the difference between God and a fighter pilot?
God doesn't think she's a fighter pilot.

3. How can you tell when you have a fighter pilot at your party?
He tells you.

4. What's the difference between a figher pilot and a jet engine?
The jet engine stops whining when it pulls into the parking lot.

Yeah, yeah, I know. You might have to hang out with them awhile to really appreciate it.

Good Flight. Gone Bad.

Those have to hurt.



H/T to Neptunus Lex for the link.

Never In A Million Years

This is wild.
And pretty scary.
And not something I would have ever even thought of.





H/T to The Attorney Marketing Center

Perspective

Dear Children,

It has come to my attention that many you are upset that folks are taking My name out of the season. Maybe you've forgotten that I wasn't actually born during this time of the year and that it was some of your predecessors who decided to celebrate My birthday on what was actually a time of pagan festival. Although I do appreciate being remembered anytime.

How I personally feel about this celebration can probably be most easily understood by those of you who have been blessed with children of your own.

I don't care what you call the day. If you want to celebrate My birth, just GET ALONG AND LOVE ONE ANOTHER.

Now, having said that let Me go on. If it bothers you that the town in which you live doesn't allow a scene depicting My birth, then just get rid of a couple of Santa's and snowmen and put in a small Nativity scene on your own front lawn. If all My followers did that there wouldn't be any need for such a scene on the town square because there would be many of them all around town.

Stop worrying about the fact that people are calling the tree a holiday tree, instead of a Christmas tree. It was I who made all trees. You can remember Me anytime you see any tree. Decorate a grape vine if you wish: I actually spoke of that one in a teaching, explaining who I am in relation to you and what each of our tasks were. If you have forgotten that one,look up John 15: 1 - 8.

If you want to give Me a present in remembrance of My birth here is my wish list. Choose something from it:

1. Instead of writing protest letters objecting to the way My birthday is being celebrated, write letters of love and hope to soldiers away from home. They are terribly afraid and lonely this time of year. I know, they tell Me all the time.

2. Visit someone in a nursing home. You don't have to know them personally. They just need to know that someone cares about them.

3. Instead of writing George complaining about the wording on the cards his staff sent out this year, why don't you write and tell him that you'll be praying for him and his family this year. Then follow up. It will be nice hearing from you again.

4. Instead of giving your children a lot of gifts you can't afford and they don't need, spend time with them. Tell them the story of My birth, and why I came to live with you down here. Hold them in your arms and remind them that I love them.

5. Pick someone that has hurt you in the past and forgive him or her.

6. Did you know that someone in your town will attempt to take their own life this season because they feel so alone and hopeless? Since you don't know who that person is, try giving everyone you meet a warm smile; it could make the difference.

7. Instead of nit picking about what the retailer in your town calls the holiday, be patient with the people who work there. Give them a warm smile and a kind word. Even if they aren't allowed to wish you a "Merry Christmas" that doesn't keep you from wishing them one. Then stop shopping there on Sunday. If the store didn't make so much money on that day they'd close and let their employees spend the day at home with their families.

8. If you really want to make a difference, support a missionary - especially one who takes My love and Good News to those who have never heard My name.

9. Here's a good one. There are individuals and whole families in your town who not only will have no "Christmas" tree, but neither will they have any presents to give or receive. If you don't know them, buy some food and a few gifts and give them to the Salvation Army or some other charity which believes in Me and they will make the delivery for you.

10. Finally, if you want to make a statement about your belief in and loyalty to Me, then behave like a Christian. Don't do things in secret that you wouldn't do in My presence. Let people know by your actions that you are one of mine.

Don't forget; I am God and can take care of Myself. Just love Me and do what I have told you to do. I'll take care of all the rest.

Check out the list above and get to work; time is short. I'll help you, but the ball is now in your court. And do have a most blessed Christmas with all those whom you love and remember:
I LOVE YOU,
JESUS

~Earthly Author Unknown~

H/T to Doorkeeper

How Does A Homeschool Mom Change A Lightbulb?

I have a few friends who home school their children.
And I admire them greatly.

Its not for me. As much as I love my children, I have none of the time, patience or desire. But its amazing to watch how many everyday activities can be turned into fun, educational experiences. Which is probably why I thought this was so funny. And true.

How Does A Homeschool Mom Change A Lightbulb?

Answer:
First, she takes the kids to the library and checks out three books on electricity. Then the kids make papiermache’ light bulbs, read a biography of Thomas Edison and do a skit based on his life. Next, the family studiesthe history of lighting methods, wrapping up with dipping their own candles. After that, everyone takes a trip to the store here they compare types of light bulbs as well as prices and figure out how much change they’ll get if they buy two bulbs for $1.99 and pay with a five dollar bill. On the way home, a discussion develops over the history of money and also Abraham Lincoln, since his picture is on the five dollar bill. Finally, after building a homemade ladder out of branches dragged from the woods, the light bulb is installed. And there is light.

Borrowed from the CHEAV [Christian Home Educators of the Antelope Valley] December 2007 Newsletter, with thanks to Jennifer

Update: Very nice to see all the moms dropping by via Mom's Talk News (thanks for the link). And please, feel free to stick around and check out the rest of the blog.

I Just Wanna Fly, Fly, Fly ...

They say that the way to a man's heart is through his stomach.
Well, the way to this particular girl's heart ... is with wings.

Cuz one way or another ...
I just wanna fly, fly, fly ...

Or if that won't work, there's always this




H/T to Neptunus Lex and SJ Bill

Can You Take The Good With The Bad?

For anyone interested in the possibility, no matter how remote it may seem sometimes, of anything good actually coming out of Iraq, this certainly gives one hope.

The number of U.S. combat deaths in Iraq this month is headed toward the lowest monthly level since March 2006, reflecting a turnaround in U.S. efforts to establish security and defeat insurgents.

With one day left in November, 26 U.S. troops and a civilian Pentagon employee have died in combat. Nine more service members died in non-combat-related incidents.

The November toll could mark the sixth consecutive month of declines in American deaths. It follows a downward trend in overall violence in Iraq.

At the same time, U.S. troops have established better security for Iraqis, making siding with insurgents a less attractive option, Wood said.

Of the 27 U.S personnel killed in combat this month, 24 were killed by roadside bombs, or improvised explosive devices. Only three were killed by gunfire.

The high proportion of IED deaths stems from insurgents being less willing to shoot at U.S. troops. It's safer to plant a bomb, Wood said.

And what about the people of Iraq, you ask.

Civilian deaths in Iraq also have fallen, to under 1,000 in October from about 3,000 in December 2006, according to a U.S. military database.

And for those wont to question, as they always will, "Well, yes, but who's doing the reporting? How do we know we are being told the truth?", I posit this.

If you choose to believe, not just the mainstream media when it reports about all the horrible things happening in Iraq on a daily basis ... the atrocious number of troops and civilians killed, the increase in insurgency and IEDs and the terrible things those American soldiers do ... but also the more obviously partisan sources, well, why wouldn't you believe one of the same (more credible) sources if they actually reported some good news for once?

Can't have it both ways now, can we?

H/T to Neptunus Lex for the link

To Be Or Not To Be

I don't make it to many movies at the theatre. I tend to rent videos instead. But somehow last night the stars most unexpectedly aligned. And I jumped at the chance.

We went to see Lions for Lambs.

So. I wasn't quite sure what I was expecting. I know there has been some talk about a slew of recent movies dealing with the Iraq war and 'modern day' veterans. Movies like Redacted and a few others. And quite frankly, the talk I was hearing ... wasn't good. Actually I saw snippets of a made for TV one last month. The Marines who come back from Iraq and plan their bank heist. Notice I say 'snippets' ... it didn't particularly interest me.

Anyway, as some may know (she says with a fair degree of understatement) one of my favourite places to hang out in cyberspace over the past year and a half has been a milblog. One particular milblog. Hang out in such a place for a while and you'll likely either find yourself leaving town in a hurry or you'll make a few new friends. I would like to think I've made a few friends.

At any rate, there's no doubt that what I've learned ... and debated ... and, even occasionally, rolled my eyes over ... there has changed my view of the world somewhat. And I know it affected how I viewed this movie. What I don't know ... what I haven't quite decided yet, is what I think of the movie.

Actually, let me take that back. I liked the movie.

What I'm not sure about is what, exactly, the movie, itself, was trying to say. Directed by Robert Redford. With Himself and Tom Cruise and Meryl Streep in starring roles. Although it might be said that the two soldiers, portrayed by Michael Pena and Derek Luke, were the real stars heroes.

I went with a friend who is very smart, very insightful and can only be characterized in this context as "anti" ... against the US being in Iraq and against the US and other countries being in Afghanistan. And initially, at least, we both seemed to see the movie very different ways. She asked me at one point whether this was the "ultimate government propaganda piece". I responded that I was reserving judgment. Because it seemed to swing both ways. And for what its worth, that's what it continually did from my point of view. From beginning. To end.

The rest of this post is full of spoilers. So if you're even slightly considering watching the movie (which I hope you will), please don't read it. Just trust me when I say that no matter what you might think it is, whatever way you tend to think it leans, you're probably wrong. Just go watch it. Its worth the nine bucks. But if there's not a chance in hell that you will ever see it, then you might as well keep reading. After all, I do this for gratis.



Still here? Okay, but don't say I didn't warn you.

I love Tom Cruise. Or use to anyway.
Not that there's anything wrong with that.

And in this movie, for the first half, I just loved to hate him. The consummate too smooth oh-so-sincere [NOT] politician. Feeding his lines to the reporter. As to how they were going to 'save' the war in Afghanistan. While, literally at the same time, the soldiers were taking 'small arms fire' in the helo. Resulting in one getting shot out. And his friend jumping out after him. Over the snowy mountains in Afghanistan. I wanted to smash Cruise in the face. And drop him on the mountain.

The politician was an idiot.
And the reporter? She was smart. And cynical. And not falling for it.

But ... it was back and forth.
While 'admitting" some 'mistakes' were made in Iraq, Cruise responds to a question from the reporter with a few truly moving lines. About the morning of Sept 12, 2001. Which clearly moved the reporter. And moved me. I mean, they were good.

Back and forth.
In this movie, there was no need to say that the war in Iraq was history. That was so clearly implied that it didn't even have to be stated. So it wasn't. Might as well just save the day in Afghanistan instead.

Back and forth.
The reporter, while looking really good initially, goes back to her office and goes off the deep end. She 'knows' the government is lying. She's not going to lay this one out for them. No way. Not her. Suddenly portrayed as a 50 something hot-flash experiencing female with no fashion sense who had clearly taken leave of her senses ... Let's just say, she looked like she finally went off her rocker. Didn't make the media look so good.

Back and forth.
The two soldiers I mentioned above ... well, this was the movie that would let you, in all good conscience, support the troops without supporting the mission. If that's what you were inclined to do.

Back and forth.
But those same two soldiers, while students, had some really good stuff to say. About the need to get citizens engaged. Their idea was to drop one of the three years of college and turn it into a volunteer year. Whether it was in the military or some form of community service. Let's just say I know a few conservatives who wouldn't just echo those thoughts ... I've actually read them say them.

Back and forth.
Redford, as the prof at a "university in California" (of course, where else would he be?) was definitely against the GWOT. No doubt about that. In fact he had tried to talk those two soldiers, former students of his, out of going.

Back and forth.
But he had served in Vietnam. And stated more than once that although he disagreed with their decision and did his best to talk them out of it, he admired what motivated them to go.

Back and forth.
The prof was trying to talk a current student out of his apathy. To motivate him. To do. Something. Anything. But not join the military. At least, I don't think so.

Back and forth.
But at the end, when the student watches the TV footage (showing what we know to be the operation where the two soldiers died), the look on his face ... well, I would say he had come out of his apathy. But I wasn't sure whether it was to go 'fix' what was 'wrong' in Washington or to join the military himself.

And when my friend and I talked about the movie afterwards (which we both agreed was good for the simple reason that it didn't try to hit you over the head with the 'right' answer or even spoon feed it to you as so many movies do), I found her last words quite interesting. Words to the effect that since most people don't do a whole lot of thinking when they go to see a movie, this movie could (and would) be interpreted to conform with whatever view you went in with. If you were against the GWOT, you would see this movie as backing you up. If you thought being in Iraq and Afghanistan was the right thing, again you would see this movie as backing you up.

I like to skim the comment boards at imdb.com after watching a movie. And this one appears to be one of those "either you love it or you hate it" ones. Which is okay. Except that there's not a lot of consistency behind the loving and the hating. A lot appear to see it as more liberal propaganda. And others think it promotes the war.

And I actually found this comment on the boards.

have been reading a lot...that's an gross understatement... of peoples' posts that accuse this movie of being a left wing anti-war piece of crap. One poster actually went so far as to say the movie showed that soldiers die for nothing.

I watched this movie at a screening in Vegas with a few friends. We all fit in the 18-24 age demographic, and are (or should I say were?!) "typical" anti-war college guys. (I know we may not be typical, but it seems to me that many people believe this to be true)

What I found strange is that I came away from that movie seriously considering joining the armed forces, as were my buddies. What happened to the soldiers represented (to me) believing in something strong enough that you are willing to stand up in front of the enemy and take that bullet with a pride that I have never known. I believe this was a deliberate action taken by the director regardless of Mr. Redford's obvious liberal background.

Sure there is plenty of "liberal" discussion, but Cruise's character really made me think about the media selling the war, as that kinda does happen in real life. And I could see the eyes of Redford's character, knowing that there is in fact a subliminal "conservative" agenda, in this film.

And I love that. There are too many movies with obvious "liberal" points of view, and I'm glad I saw one from the other side.

My question is why all the negative views? I came away wanting to physically join the fight on terror, and discuss with my buddies proper solutions to the war, not mindless banter about the 'lies' of the establishment and exit plans. Maybe it was just us, I mean maybe we were able to sit with an open mind through all of the "liberal" talk of Streep's character, and catch a glimpse of a movie with a special message:

Sure question all you want but do you really want to change things? To be perfectly honest, I'm not sure why more liberals aren't posting about the blatant recruiting tactics used in the movie. They do plenty of bitching about recruitment on college and high school campuses.

Me? I still can't pigeon hole it. But I liked it.

A Bear By Any Other Name

There's been a lot of talk and a lot of ink (or the internet equivalent) spilt on the story of the teddy bear named Mohammed. And how his naming resulted in 'his teacher' being sentenced to 15 days in jail. Or 40 lashings. Or whatever the most current version is.

Whatever. You either know of what I speak. Or you don't. Although I'm not sure how you could have missed it.

Anyway, I'm posting now just because I thought this was a nice little analysis/summary.

H/T to Zane for that last link.