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Showing posts from January, 2009
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So, I have been catching some flak lately from anonymous commenters that I am not “balanced” enough. That my view of the criminal defense system is “rancid”. Apparently I should acknowledge that cops are good people and victims are sympathetic. What a joke. Imagine this scenario. YOU are charged with a crime. You are guilty or not, I don’t care. You go to a criminal defense lawyer. He looks at the charges and the discovery and says “wow, thank God the cops caught you”! Man, those cops are such good people. The DA’s are going to do their job really well too. And boy do I ever feel sorry for your victim. My heart really goes out to him. My job is to make sure that there is balance in the system because, after all the Bill of Rights really reflects a concern that criminals like you have too many technical rights. Sure I see that the cops tortured that ‘confession’ out of you, but hey, you are guilty right"? Apparently there are some people who read this blog that would hire that law…
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So, I was late for court today. This little guy was enough to delay me but the prospect of having to push past his much bigger, and much 'meaner', momma was worse. I kept trying to wave him off with a file but he pinned his ears and spun around. Eventually I just had to step out and drive him off. I figured that Magistrate Christian would understand. Of course, I had better have a good excuse. The State of Alaska has put a "hard" hiring freeze in effect and we have been told no more hiring will occur, even though we are short one staff member. If only Kadee had been there! She has figured out that moose, and especially a moose calf like we had for dinner last night, is damn good eating. For the first time Kadee wanted to help cook dinner. I want to encourage that as I love to cook and maybe she will learn to love food too. Here is a picture of the Kadee cooking for the very first time.

P.S. Alyssa has her first tooth! She is not too happy about it.
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So, Anon # 2 in comments to the last post accused me of having a "narrow view" about our system. I tell you what. I will immediately retire from the practice of law and sign over everything I own to the first person who can point to the word "victim" in the Bill of Rights. It is not there. Granted, it is nonsensically included in the Alaska Constitution. There is an inherent conflict between the the presumption of innocence and "victims" having the same rights as an accused. That issue has yet to be hashed out in the Alaska Courts. The men that sat in this building (Independence Hall) when they wrote the Constitution were not concerned with "victims" or the fact that not all cops are bullies and thugs (although most are...I think it is about time to dedicate a post again to cops killing and abusing again...soon). Indeed the whole system is supposed to protect those accused of crime against the power of the Government. Who do you think the "…
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So, I'm back from Philadelphia and Washington DC. And glad for it too. Too many damn people. Damn there were three times the number of people in all of Alaska right there on the National Mall. Besides the people I got a touch of the stomach flu on Monday. Yuck. But it was great to see both cities. I did get to see several of the museums but I missed the National Archives again. I enjoyed the Liberty Bell and felt my Public Defender batteries recharge just being that close to such a powerful symbol of freedom. The only frustrating part was going to the Italian Market and seeing what people there pay for meat and produce! I was reminded how expensive food is in Alaska. For just a few minutes I wondered what the hell I am doing here. But then I remembered that I don't have to pay any state or city income tax and it all evens out I guess. I stayed in Philly for a couple of days and returned to DC. I am sure you have heard all the stories from the news about the Inauguration. Here…
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So, get this. I am leaving for DC in just a little while. I just got a call from Senator Murkowski's office. I got a ticket to the inauguration! It is like winning the lotto. Instead of being in the general crowd of 2 million people, I get to be up front. I don't know how close I will be yet but the instructions sent said to turn off my cell phone during the swearing in! Wow. Unfortunately, the weather here is lousy (just like the last time I tried to get to DC). And like last time I have to spend extra money to fly to Anchorage because the roads are so bad. The city of Anchorage was basically closed today. It went from -35 to +36 and rainy. Everything is covered with ice and 105 MPH winds are predicted around Turnagain Arm. So there goes extra money. But it is a one in a life time chance, especially since I have a ticket! I will try and get a picture of me in my Public Defender sweatshirt with the proceedings in the background. Stay tuned!
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So, it has finally warmed up. When it goes from -30 (or more) for a few weeks to -6 (like it is right now) it feels downright balmy. Thankfully I got the Subaru going too. That $750 car has never left me stranded before but she just couldn't handle -34. The fuel lines froze. Even the old Suburban fired up in this nice new weather. Thank God we weren't in Tok where it was reported to be -78 F! If I had a garage or newer vehicles I would not mind the cold so much. This will probably be my last last blog entry until January 22 (unless I can find a way to blog down there). Jesse and I are going to Washington DC to see the inauguration of our new President. Hopefully it is a whole new era of peace and prosperity. I hope to take a bunch of great pictures. When the girls get older I will definitely be taking the whole family to DC. Stay warm Alaskans. See you soon.


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So, I wanted to post what was has been written for Kadee's initial PFD appeal. For most of you this will be boring as hell. But for the lawyers or law students out there I would love some feedback on this. And this little girl isn't an Alaskan! What a crock of shit. Round one of the fight of my life. I will visit the United States Supreme Court again in just a few days. I sometimes dream about taking this case all the way up those steps for my girls. She IS an Alaskan. I am right. Just look at this photo. Defense Exhibit A.
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On December 26, 2008 the Department of Revenue (hereinafter the “department”) denied the Permanent Fund Dividend application of the applicant Kadee Adams (hereinafter “Kadee”). The grounds of denial were that the proposed sponsor was not qualified and that Kadee did not live with the proposed sponsor for the plurality of the qualifying year. Kadee appeals.

The question presented at this stage is this:
Pursuant…
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So, this video says it all. The water is gone before it hits the ground. It was cold shooting that video...I just stepped out. Right now there are three cars in the yard that won't start. Even the starting fluid that is supposed to help is too cold to come out of the can. A brand new tire popped. Everything is creaking and groaning with the cold. It is even colder in the Interior but the proximity of the ocean keeps Kenai and Soldotna a little warmer. To be honest, -32 is cold enough and this has gone on long enough...it is starting to cost me money. Another week or so and it should warm up. I hope it gets warmer before I go to DC....I don't want to leave the girls in this cold.
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So, this cold streak continues. I remember reading somewhere before I moved to Kenai that the average is 12 in the winter. Not now. I left the house to cut wood at -30 this morning. It is supposed to be -40 or colder tonight. That is cold. You can't really tell from this photo but this vodka is frozen solid (click on it to look). I left it outside to "chill". Next time I checked it was ice. I have never seen that before. Tonight I am going to try and get a video of throwing water and watching it turn to snow and mist before it hits the ground. Even though it was -30, I was too hot to wear a hat when chopping wood. I find that a neck gaiter will keep my ears warm but let me sweat. I love the frozen hair!
I think that I don't feel the cold like some do. For example, I never weat a coat to court. Yesterday it was -27 and I walked over without a coat. The security guard told me she thinks I have "superhuman powers". Nah. But it gives me an excuse to shout "…