So, I’ve changed my mind. I must admit I was shocked enough by some slander to consider making this whole thing private. Stupid little anonymous comments I can handle but slander is a whole other thing. Then I remembered something. As one regular reader put it “you are becoming quite the pussy”. Well I may have many flaws as a man but being a “pussy” is not one of them. When the hell did I back down from anyone for anything? I think the worst part for me was that it was other lawyers who were making what I will call shitty little comments. For those of you who have seen Braveheart, it was like when William Wallace yanked the helmet off of Robert the Bruce. I expect there to be some ‘attacks’ (since I have chosen to make certain parts of my life public) but when those attacks just get mean and personal for no reason, well that is unexpected. Here is the situation. I posted a picture of a co-worker and me (clearly, I thought) mugging for the camera. I thought it was obvious we were goofing off. I guess I forgot that not everyone knows me. I also mentioned in the body of the post that I had a ‘screwdriver’ to celebrate. One lawyer even sent around a message asking why I was not ‘arrested’. Her friends then joined in. People I have never met. Despite the fact that the whole thing was meant a joke, let’s approach this like a defense lawyer. For the record some of these ideas came from DA's. I told some of the local DA's about this situation and they laughed and laughed. But then again they know me. Here we go: the ‘evidence’ against me is a photo and a statement that I had a drink of alcohol between the border and Tok. I did not say that the liquid in the bottle contained alcohol but let’s assume for a moment that the bottle in my hand contained alcohol. The first question is one of jurisdiction. Where was I when the photo was taken? The comment indicated that I had a drink after leaving the border. However, where was the photo taken? After all, I was in another country for a time. Was it taken in Canada? Or the Fourth Judicial District or the Third? Who would have jurisdiction to prosecute me? Now let’s assume that the State would have to prove that the bottle contained alcohol in violation of Alaska Statute 28.35.029. How would they do that? Since I took the photo I would have the right to remain silent (which I would exercise). Worse for the State, the corpus delecti rule prevents a conviction based solely on the statement of a defendant (of course I have admitted nothing...again the photo was clearly a joke). Obviously there is no physical evidence. The statement was only that I had a drink and not that I was drinking in the car. If I was, the other people in the car would presumably also have a Fifth Amendment privilege. So what would the State do now? Arrest me? The difficulty with that idea is that having an open container is an infraction. Under Alaska Statute 28.90.010 an infraction “is not considered a criminal offense and may not result in imprisonment”. Under Alaska Statute 12.25.180 a citation is to issue unless the person does not identify themselves or the person refuses to accept the citation. No, even if I was 'guilty', I feel quite safe from arrest. Now let’s move onto the more important issue. Clearly I was goofing around. But I respected my co-workers feelings and removed the photo (since some were calling for arrest). But I’m not sure how it is unseemly on my part. It is really a surprise that in non-working hours I drink alcohol? Would my clients be surprised? Are any of you surprised? Hell, I have probably drank with every single one of you who know me. Or is it just that I appeared to have a water bottle with juice in my hand in a car? That I appeared to be saying that I was guilty of an infraction? Remember, all I said was that I had a screwdriver to celebrate on the way back. I never once said that I had it in the car. Couldn’t you tell from the photo that it was staged? All I can say is that I have been writing on this blog for over three years. Look at the photos. In some of them people are pretending to be drunk. In others, people are pretending to be sober. The lesson I have learned from this is that I sometimes assume that the people reading this know me. That they know my sense of humor. In deciding whether or not to make this blog private I looked at my stats. I have about 5000 readers. I guess only about 4900 of you know me. Since I hate the feeling that I am walking on eggshells when I write I will be more careful about what I write and the photos I post. But some of you people need to stop taking me so seriously. And once again, for those you who don’t like me or don’t like what I have to say, you are welcome to find something else to read. I’m not changing and this blog is not changing. I will continue to write about my life and views. I will continue to refrain from talking about work for the most part (except for very general comments). And to the person who thought I should be arrested and called me a criminal: You and your little friends did manage to shock me with your shitty little comments. But I'm back. Next time I suggest you think before you slander me. Next time I won't be shocked. Next time there will be consequences. If you think I'm kidding, bring it.

Comments

Max said…
HE'S BACK BABY!!!
operator101 said…
I still think you're a pussy.

:)


But that's only because you didn't admit to drinking a screwdriver.

Personally I love getting my daily dose of Vitamin C along with my daily dose of grain alcohol.

YUMMY!
Anonymous said…
"Since I hate the feeling that I am walking on eggshells when I write I will be more careful about what I write and the photos I post....I’m not changing and this blog is not changing."

- Is an inheretly inconsistent statement. The photos and comments will be toned down, yet the blog "won't change." What does that mean? Will it be watered down or won't it?
Ken
Anonymous said…
Ben,

Change co-workers. Ahhh -- the days of Placer County....

Patrick
Anonymous said…
Why not go out on your own? Think about it, no boss, keep all of the $. I am not sure of how it works with a Lawyer but the first thing the young girl here is gonna do is start getting her own clients and own office going. Deanna just hates working for other people and accountants are the worst. What they do to there staff and families is just wrong. Deanna has missed so many of my doctor appointments because her CA boss needed her to get some file done. All I can say is wow! Tell all of those tight ass's to eat it, what about freedom of speach?
Ward
Ken it will not be watered down. But I will be careful of what people may make of my pics etc. Operator: make no mistake...I drank. I drank plenty....the only question is when and where.
Andy said…
Since that's as close as your pathology will allow, apology accepted.
Ummmm, sorry. I never intended to make an 'apology' there.
Gracehoper said…
This comment is a little off your main point but since it's National Tartan Day, I wanted to make sure you knew that the scene in Braveheart where William Wallis exposes Robert Bruce is complete fiction. Robert Bruce did not betray Wallis at Falkirk. He wasn't even at Falkirk at all and certainly was not a traitor to the Scots cause, though he did oppose another Scots' family's claim to the throne. And Isabella of France never met William Wallis.. .

But good for you for sticking with your guns. Don't let them get you down.
Marc Theiler said…
Keep fighting the good fight against the boring, petty, self-righteous do gooders.

A wise man once said, "Give me all the murderous thugs you can give me, just keep away the damn do gooders."


Big Game Hunter

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