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Showing posts from November, 2009
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So, you know what the worst part of being a public defender is sometimes? Dealing with DA's who have simply lost their way. I recently asked a DA to arrange a meeting with some witnesses and he says 'no'! They are 'too busy'. Like he can tell me no. It is trite law that there is no property in a witness. The Alaska Supreme Court said so most recently in Murtagh v. State 169 P.3d 602 (Alaska 2007). So fine. Too busy? We'll see about it. It is just a typical power play by the DA. That is all I can say. Privilege aside, I know many local DA's and Judges read this blog. Maybe even the DA in question. Hey buddy...you are trying to convict a man of murder....this means he gets the highest level of defense work. Don't tell me that witnesses are 'too busy'. I hope when DA's or judges read this, they get a better sense of some of the crap we have to deal with. Here's a fu&^% clue for some DA's: read the law. Need that cite for Murtagh aga…
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So, let me tell you why I am a public defender. When I first went to law school I wanted to be a cop. Maybe Crown Counsel. Oh, my views were far different back then. That all changed on July 26, 1996. It was on that day that a search warrant was served at my home. It is a deeply personal story that involves betrayal and false allegations. I won't give all the details but my younger brother, for reasons that never became clear to me, made up some allegations. The police arrived in force in my yard. I was cuffed and my property was searched. What struck me at the time was that even as the police began to realize it was all bullshit, they didn't back off. They began to threaten me. Try to intimidate me. Luckily, I had just completed my first year of law school, and it was less than effective. I was hauled down to the police station and thrown into a cell with a bloody mattress. I was booked and released. For months the police threatened to charge with me an indictable offense, kn…
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So, happy Thanksgiving. To celebrate we took the turkey over to Jesse's house. It was nice. He had a friend in from Portland. His mom and her friend came over. Other friends came by. It was a house full of kids and dogs and chaos. We had all the traditional food and spent the afternoon drinking, watching football and playing Modern Warfare 2 on the X-Box. The food was excellent. The turkey, in particular, was a hit. One guest said it was the best turkey he had ever had. After all that food, even AJ looks hammered. It is 8:30 pm. and this guy is going to bed. Alaska must be the only place in the United States where government workers have to work on the friday after Thanksgiving. Sucks ass. Hope everyone everywhere has a full belly and is thankful for what they have tonight.
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So, I know what we are eating for Thanksgiving dinner. Do you? Or more importantly do you know how your meal lived? Died? What it ate? Thank you turkey. Even though, in your death throes, you did shatter the glass door to the chicken house. I respect you even more. Never go quietly into the night. 28 lbs dressed. You were right G....this is a big bird. I spent the rest of the day, unsucessfully, fixing the plumbing at the rental house. Good Lord. You know, despite it all (i.e the 'crack den' rental, the usual worries....) somehow I just feel 'better' this winter. In less than 30 days the days will begin getting longer. For some reason, I just feel 'ok'. What the hell?
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So, despite a busy Saturday, I still got to see my kids play in the snow. That's it. I won't talk about pipes (purposefully?) filled with broken glass and now frozen. I won't talk about moldy sub-floors or painting. Or not having enough money. Or an upcoming murder trial. I will try and forget all the other frustration in my life. I will instead, remember my little girls in front of an Alaskan sunset. On a sled. Tomorrow we kill our Thanksgiving bird and I will document that. I have never killed a bird in this kind of weather...it will be interesting.
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So, in a twist of irony, I called the police today. Made a report. Yeah, yeah. Laugh it up. I had no choice. The deal with the renters has gotten out of control. I won't go into details, but it really sucks. Last night I went over the house and discovered even more damage. The room that they had been growing pot in suffered water damage to the sub-floor. The entire sub floor had to be ripped out. I discovered mold growing underneath. The whole thing is turning out to be a big, and expensive, job. Then I discovered that neither the bathtub nor kitchen sink are working. I'm not sure what they did there yet....but it is bad. I think what really got me was this. I am doing a murder trial in February. A trial where I genuinely believe my client is innocent. The stress will be enormous. Immediately thereafter I want to take the 4 of us to Miami to see Josh. I would have been in a financial position to do it, but for these little shitrats. I looked at Melissa Gentry's myspace pag…
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So, it has gotten cold. It went from t-shirt weather a few days ago to -14 this morning when I went to work. It is about -10 outside right now. Even the animals feel it. We found this little owl right outside our back door perched on bottle of the finest whiskey. In other news, the administrative law judge denied Kadee's formal PFD appeal today. The division argued two things: first, that there was no guarantee that her sponsor (a local attorney) could be trusted with the money. I pointed out Alaska Rule of Professional Conduct 1.15 and the ALJ agreed. That ridiculous point is gone. However, the division also argued that our 'temporary intent' to stay in the United States could be imputed onto Kadee. The ALJ agreed. I am disappointed but not surprised. Zobel had to go all the way to the Supreme Court of the United States for justice. I may have to do the same. I am going to ask the ALJ to correct a few factual errors and then appeal to the Superior Court. Rack 'em. I j…
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So, my week of vacation is at an end. I didn't do much. The weather finally turned cold and on November 11, 2009, Soldotna got the first snow of the year. I worked on the rental a little. I didn't do as much as I might have as G was here. We played a lot of video games. Modern Warfare 2 is simply amazing. We drank a lot. Ate a lot of good food. Had a few adventures. Celebrated five years of marriage on November 13. Got some work done on the rental, although there is a lot to do. God, the damage is outstanding (thanks to Danny and Melissa Gentry of Alaska). The security guard from the courthouse (who is in his 70's) took pity on me and help lay the new laminate flooring. Thank God! I would have been there a month. I did mean to post more pictures but someone went into the rental in between jobs. Stole my camera and radio. Smoked oxycontin on tin foil. Left. I can't believe it! My FU&^ing camera! I just got it fixed too. This rental house causes me more stress than a…
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So, I'm at the rental fixing holes in drywall (thanks to Danny and Melissa Gentry of Soldotna or Kenai Alaska) when I get a call for road kill moose. Hell yeah, I'm going. Trashed rental or not. Great news, I thought. It was a giant old cow. I'm thinking, this is a lot of meat. I have been lucky with road kill moose so I thought my luck would hold. But this one was hit so hard it was just mush. Almost all of it. We got no backstraps and had to discard the ribs entirely. The front quarters were shattered bone and goo. It looked more or less fine until we started to get the hide off. When I hit guts in an area they shouldn't have been, I went 'oh-oh'. Out of an animal that was probably 600 lbs or more on the hoof, we might get 100 lbs of meat. Maybe. If we are lucky. So who helped me? A State Trooper buddy. Shocking! A public defender with a Trooper! Um, no. You see, not all cops wish they had a skin lamp in their living room. Just a few. I know who they are. The…
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So, I have this little rental. It is not much. It is the house we started in. I thought I would keep it as an 'investment'. I had a young couple move in. They were just starting out with a small child. So I agreed to keep the power in my name. I filled the oil tank so they could get through the winter and they agreed to fill it up when they left. I let them be late on rent and trade work for rent. I let things slide when things were tough, even though it was hard on me. Then, in October, they didn't pay rent at all, despite promise after promise after promise. So, I had to boot them. I even agreed to give them a few extra days because they told the judge that they would fill the oil tank. Pay the power bill. Clean the place. So Saturday came and went. They didn't move. I had to threaten to call the cops and exercise my writ of assistance. Finally, they "moved". The left behind two junked cars (one of which I don't how to move it is so 'set' in). A…