Monday, December 31, 2007

Death of an Innocent

A recent article in the Blade detailed the death of a two year old child at the hands of his mother and the mother's boyfriend. Debate will no doubt be held over the application of the death penalty to the boyfriend, and to the mother (although much less likely). Support for the mother will be heard from those who will argue that she was abused as well, was in fear for her life, and was not a willing accomplice in the death of her son. While those facts may be true, they do not equal justification or mitigation.

The two year old apparently had his hands tied, was burned with an iron, and beaten to death. His mother's duty in such a case, was to defend him, TO THE DEATH IF NECESSARY!! The fact that the mother survived her son speaks for itself that she did not do enough.

A debate will also rage about the fate of her other two children, and their mother's parental rights going forward. Again, a needless discussion. She has forfeited her rights as a parent by sacrificing her youngest.

The A-Hole

Sunday, December 30, 2007

Previous Subjects

I had commented on some issues related to TPD, stafffing, and the economics of some of the decisions Chief Navarre and the Mayor had made. I am re-posting them here as an example of some of my previous thoughts.

The A-Hole

Increase while you can - limit the damage later
City counsel is considering a proposal to increase the fine for speeding and red light violations caught by traffic cameras within the city. Personal, political, and constitutional arguments aside, why would the city counsel be considering such a move at this time while a case is currently before the Ohio Supreme Court on the constitutionality of such tickets, and legislation has been proposed at the state level banning all such measures. Additionally, several cases from Toledo are currently being litigated on this issue, including, as the recent Blade article stated, one seeking class action status.Why not wait. If the violations are ruled to be unconstitutional, or the legislation passes banning them, what benefit will the city have gained by this most recent move. The counsel may in fact have created a larger job for the law department in attempting to collect from the private company after the fact and defending the potential flood of lawsuits.The facts about this enforcement method are sketchy at best. They have not been shown to reduce accidents. When a driver is approaching an intersection with a camera, it is unlikely they have the time or aforethought to consider the camera when making the decision to go through or aggressively apply their brakes. IF they do consider the camera, they are likely to stop more abruptly (or try to, often on wet/icy roads), potentially causing more accidents when the drivers behind them don't anticipate the quick stop. On a national level the cameras have been shown to be ineffective, and increase accidents.I trust the science; the technology, delay in photo activation, and video replay systems in place are accurate. BUT, I don't agree with taking enforcement discretion out of the equation, removing the due process rights of: confrontation, presentation of evidence, and fair trial/hearing out of traffic enforcement for financial gain. But I digress.My initial point is, once again the city is considering a counterproductive, potentially inefficient and costly move toward increased government control, the big brother state, and waisting its time and resources on measures that may be deemed illegal soon by our Supreme Court and Legislature.Take a breath Carty, Chief Navarre and Counsel................lets see where the chips fall before we ante up more citizens freedom for the almighty dollar to a private Arizona company.I guess I will add my pending red light ticket to the class action.


Sad Appreciation
Today on my way into work I pulled behind a shiny new TPD patrol cruiser.My first thought was, "cool a new police car, they deserve it, and as a city we deserve it." I was all warm and fuzzy feeling inside.Then it hit me. HOW SAD is it that I am so used to seeing crappy, broken down, dirty, embarrassing patrol cars, that this clean new one was a shock and surprise.Toledo and NW Ohio have allot to offer (and I don't want to be known as one of the people who down Toledo as a city) but the Mayor's policies, budget decisions, politics and the Democrat's long standing control over the area make it harder and harder each day.Vote early, vote often.............no new taxes ----- and limit the old ones too.

GPA vs. Guts
On Glass City Jungle a post stated that Lucas County and Toledo Muni prosecutors are EXCLUSIVELY the bottom of their law school glasses. Here is my response.TPDBlue - Your speaking out of your ass, and just like you are offended by generalizations about COPS, you should know better.“The Prosecutors in Lucas County Common Pleas Court and Toledo Municipal Court are exclusively bottom of their Law School class graduates.” First, not true. Secondly;Law school class rank has little to do with a lawyer’s ability to interpret, apply, and argue the law, especially criminal law. Why do top class graduates get recruited by large firms, because civil, transactional, and contract law all REQUIRE massive research and writing hours. Those “top of the class” newbie lawyers won’t see a courtroom, interview a witness, or speak to a judge (let alone try a case) for YEARS.The criminal law does not GENERALLY, have a large research component, but forces a new lawyer to do the groundwork, and actually apply the law on his or her feet. Give me a logical, common sense, dedicated, practical lawyer with some life experience and street sense over a law school valedictorian any day

Cops and Dollars
FIRST - as a former police officer (my asshole roots run deep) let me say I am a big fan of cops. The issue I have today relates to TAX DOLLARS and force managment, and how they are used to keep our citizens safe.Three days ago, in the evening time after leaving the Asshole factory, I was behind a gaggle of TPS bike patrol cops. They were rolling 6 deep, north on Madison. I understand strength in numbers, especially for bike patrol cops, but my first thought was SIX! C'mon.Yesterday I drove south on I-75 from Michigan into Ohio. I saw two TPS cruisers parked on the Alexis Rd. ramp, monitoring traffic for speeders, likely aided by an air unit. That did not bother me. I realize the need to control traffic and promote safety through speed and other highway enforcement, and I know solid traffic enforcement leads to the discovery of lots of other CRIME. But, as I continued south I saw SIX MORE TPD UNITS, in the process of conducting traffic stops. That brought the total number of units doing noon-time traffic on I-75 southbound to 8! C'mon.In a time of limited resources for our dedicated law enforcement professionals, with a real need for a complete presence in all parts of the city, why would Chief Navarre (under the thumb of Carty) concentrate such numbers in these two areas to such an unnecessary extent? Mismanagement? Improper prioritization? Seems like both. Now, the highway crew was likely being funded by some Federal grant or program for highway enforcement. BUT, - and here is the key kids - Federal dollars or OUR DOLLARS too! Lets make reasoned, rational, common sense decisions about allocation of our public resources, ESPECIALLY public safety resources.


Those are just some thoughts I wanted to post.

The A-Hole.
Welcome to Cops&Lawyers - subjects I have some experience with as I have been both. I spent 6 years in law enforcement at various levels before law school (park ranger , probation/parole, and street cop), worked with the public defenders office in law school, and now practice civil law.

I keep my eye on the status and issues of the criminal law, still practice some "friends and family" criminal cases, and think I have a unique perspective on the system. This blog is meant to be an open forum for INTELLIGENT, RESPECTFUL debate and discussion about issues related to not only criminal law and criminal justice, but Cops and Lawyers in general.

Please do not turn the site into Rants & Raves that cops and lawyers are all assholes, thieves, etc. If you have legitimate concerns, questions, and comments; let talk about them.

Hope to hear from you all soon.

The A-Hole