12/29/2008

Will Casey Anthony's Brother Lee Anthony Be Charged?

My Fox Orlando is reporting today that there's talk Lee Anthony may face criminal charges as well as his sister, Casey Anthony: "Casey Anthony's Brother Could Also Face Charges." They are reporting it's gonna be "aiding and abetting" or "obstruction of justice."

Personally, I think this is just rumor right now. And, while there are folk that think Casey Anthony had to have an accomplice, I don't know that Lee Anthony would fit that role.

From the videos and interviews that I've seen, it looked like Lee Anthony was undertaking his own informal investigation into Caylee's whereabouts -- and if there's anything to this rumor, I'm betting it has something to do with Lee acting as an "investigator" in this case and getting in the way of the law enforcement authorities.

12/28/2008

Caroline Kennedy: Check out the Comments in the NY Daily News and Then Go Read Matt LaBash on Detroit Today

There's an interview of Caroline Kennedy in the New York Daily News today, where she pushes the idea that she won't owe any political favors to anyone because she hasn't made any significant campaign donations.

I found three things of interest here:

1. the snide and subtle dig at Caroline's overuse of the phrase "you know" (she's not the only public figure to do this, but usually those "you knows" and "likes" get edited out of the copy);

2. conspicuous by its absence is the use of her married surname, Schlossberg, and the fact that she's a Catholic married to the grandson of Jewish immigrants with whom she's had two girls and a boy; and

3. all the comments coming into the online commentary for this Daily News article. Wow. Those readers hate her, don't they?

Me? It's a time of crisis in our country, and while I'm not a New Yorker, I'm thinking that every seat in the US Senate needs to be filled with the best and the brightest our country has to offer.

Take away her surname, and I'm not feeling confident here.

And, if you want to read about how bad it could get for all of us, go check out this great piece by Matt LaBash about how Detroit is doing. (thanks to Will Collier over at Vodkapundit for the heads up here.)

In fact, just stop everything and go read LaBash's piece right now. It's one of the great ones.

12/23/2008

Expert Challenges Should Be Considered Long Before the Courtroom

In today's Wall Street Journal, there's an opinion piece discussing how many believe that lots of plaintiffs' lawyers are pursuing baseless claims based upon asbestos toxicity (assumedly, mesothelioma cases), entitled Colombo the Asbestos Sleuth.

Pointedly, the article describes the following - which any civil trial lawyer will quickly recognize as a Daubert challenge advanced by the defense in this case:

"Judge Colombo has been overseeing asbestos cases in which defendants were trying to disqualify Michael Kelly, a physician who had diagnosed thousands of people with asbestos-related disease on dubious grounds. The judge made clear in court that he didn't appreciate the national attention of our editorial, to put it mildly. But in the end he did the right thing by granting a hearing into Dr. Kelly's diagnoses. Tellingly, the plaintiff attorneys immediately withdrew all but one of their suits.

"The judge plowed ahead anyway, helping to expose another asbestos scam. Defendants presented evidence that Dr. Kelly was neither a radiologist nor a pulmonologist and had failed the test that certifies doctors to read X-rays for lung disease. They also showed that the overwhelming majority of hospital radiologists who had reviewed Dr. Kelly's patients found no evidence of disease. An outside panel of radiologists who looked at Dr. Kelly's work found abnormalities in only 6 of 68 patients; Dr. Kelly had found abnormalities in 60 of those 68.

"More than 90% of the lung function tests Dr. Kelly performed failed to meet basic standards. The defendants also showed that Dr. Kelly submitted nearly identical reports for every patient he saw, yet he failed to note that some of his patients also had heart disease or renal failure. Asbestos attorneys apparently don't pay for doctors to observe the Hippocratic Oath.

"In his ruling, Judge Colombo laid out the facts and found that "the only conclusion in the face of such overwhelming medical evidence is that the opinions of Dr. Kelly are not reliable." He then disqualified him from the case. The effects will be dramatic -- and salutary to the cause of justice. According to Michigan records, Dr. Kelly has been responsible for reporting more than 7,300 cases of asbestos disease. It is unclear how many of those cases have already been adjudicated, but what is clear is that no new suits bearing the doctor's name will see the legal light of day. Some 95% of Michigan asbestos cases are filed in Wayne County and come to Judge Columbo."


Here's My Question

Over my 20 years in practice, I've seen some silly stuff regarding experts. For instance, I've seen lazy or cheap lawyers in both the plaintiff and defense bar thinking they'll settle out, so why spend the cash on top-flight, expensive experts -- and of course, I'm giving them the benefit of the doubt here.

I know that it's true, sometimes lawyers are just plain stupid when it comes to picking experts. Heck, I've seen them delegate the chore to some pretty little paralegal who got promoted from legal secretary two years back, and doesn't understand the gates anymore than she can speak Swahili.

She picks someone off the web who is nice to her. Someone whose advanced degree is from DeVry University or better yet, one of those online, unaccredited, pay for the degree places. Stupid, stupid, and no I'm not kidding here. True story. True, true, true.

But from the Columbo piece, I'm wondering why the heck a plaintiffs' firm would actually pin its pocketbook on this guy -- good old Dr. Kelly doesn't seem to have hidden the ball here. Dr. Kelly hasn't been exposed by the FBI or Geraldo Rivera -- his credentials (or lack thereof) have been there, for all to see ....

I'm wondering why they didn't submit their expert to their own internal Daubert challenge long before they revealed him as a testifying expert and starting depending upon him to help win their case at trial.

Lesson learned. Do your own Daubert review before you reveal your expert.

12/01/2008

Is It Really News that We've Been in a Recession For a Year Now?

Today, some big muckity mucks announced that we've been in a recession since December 2007 and they predict we're gonna have continued bad times until the middle of 2009.

All the media outlets are covering this, announcing that it's now official. We're in a recession.

Was this news? Really?

11/29/2008

Killers on the Loose: They're Looking for the Shoppers in the Wal-Mart Trampling Case

Showing my age, when I first heard the story about the Wal-Mart clerk being trampled to death by crazed bargain hunters on this Thanksgiving's Black Friday, my mind immediately recalled those 11 fans trampled to death in the mob's rush for the best seats at a Cinncinnati, Ohio open seating concert for The Who back in 1979.

Being trampled to death must be very painful, and terrifying, don't you think?

The Authorities Are Considering Criminal Charges Against the Shoppers Who Trampled the Clerk

This morning, I read that law enforcement is going over the WalMart surveillance video, and looking to charge those folk who ran over this poor guy on their way to their DoorBusters. The headline reads almost like a Wanted poster, and I'm wondering when CrimeStoppers will get involved (only halfway tongue-in-cheek):

Sought: Wal-Mart shoppers who trampled NY worker.

They're saying that criminal charges are possible -- if they can figure out the identities of those who actually ran over the poor man.

I think about who these people must be, and what they are thinking about right now. Are they going over that horror in their minds, with regret? Or, are they focused on whether or not they are going to be caught, based upon those surveillance videos?

Some Shoppers Got Mad the Store Was Closing Due to the Death

I suppose it's somewhat good news to report that there were those who tried to help - and got hurt in the process. But this is far from making me feel better at the thought that materialism and a Good Deal were so important that people ran like cattle over this clerk. What is this telling us as a society? Is Elmo that important?

And, can you believe that there were shoppers who actually got angry because WalMart announced the store was closing due to this man's death? WHAT? Did they expect to carry their bags out, and manuever their carts, around the yellow crime scene tape? Did this death mean so very, very little to them?

This saddens me. And, it makes me wonder about what's going on in the minds and hearts of those who did this deed. No one's come forward with mea culpa. Are they still as self-absorbed as they were on Friday morning?

Sensationalism On the Heels of Materialism

It also saddens me that lots of sensationalized media stories will end up making advertising dollars for various publications, online and not, based upon this holiday tragedy.

One bright note: early on, if you wanted to check out a cellphone video of the event, you could see it online. Then, YouTube took the video down for Terms of Use Violation. Thank you, YouTube.

Who Was the Guy Who Got Trampled? The Clerk Who Opened the Door

By the way, it was a 34-year-old man named Jdimytai Damour who died in that shopper's rush. He was the guy who unlocked the doors for these people to enter the store to shop for the early-bird specials.

Rest in Peace, Jdimytai Damour: 1974 - 2008.

My sincerest condolences to the family and friends of Jdimytai Damour. I hope and pray that somehow, someday your holidays - especially Thanksgiving, a day dedicated to recognizing one's blessings with gratitude - can become something of joy and peace once again, despite this terrible tragedy and the horrific memory you must now carry with you.

Again, I am so sorry this has happened to you all.

11/24/2008

Trend in Pro Se Representations Continues, But Have You Heard of Bundling?

In today's paper (I read the San Antonio Express-News), there is an AP snipnet about the growing national trend of folk representing themselves in a variety of matters. (Here's the link if you want to read it.)

Not big news. Robert Shapiro's been on this bandwagon for awhile -- surely you've heard about LegalZoom by now. And, sure, there are others out there. (Check out my post over at Everyday Simplicity discussing these self-help law mills.)

Bundling Legal Services Is News To Me

However, one thing did catch my eye in today's article: this new idea of "bundling." Seems attorneys in some states (haven't heard of this in Texas, though I could be wrong) are narrowing their representations down to only a segment of a case, or transaction.

Say, for example, you file the pleadings but that's it. You don't do the discovery.

Or, you draft the contract or incorporation documents. Nix on the other stuff - like making sure the annual minutes are done correctly.

Interesting. This way, the lawyer does get paid some fees, and the client does get some professional advice, even though it's far from complete.

I Still Vote that You're Gonna Wish You Had Sprung for a Lawyer

Guess something's better than nothing. And, I'm still holding to the old adage -- these folk thinking that they can avoid a lawyer and represent themselves in major life issues like child custody or property distribution after death have fools for a client.

It's an old litigator joke: do it right at the start, and the trial lawyer doesn't have a job. (Trial lawyer chuckles with glee.)




11/20/2008

Bankruptcy - Auto Industry: Mitt Romney's NYT OpEd Piece Is a Must Read

In his op-ed piece today in the New York Times, George Romney's son Mitt lets it fly right with the title, "Let Detroit Go Bankrupt". It's worth the read.

Mitt Romney points to how his dad George turned a dying American Motors around, back in the mid-'50s, and takes that history together with his own two cents worth to offer some solutions for the Big American Automakers.

He's blunt.

"Management as is must go." New labor deals so workers here have pay and benefits analogous to Toyota, Honda, and BMW. A long-term perspective on investments, no more "starving research and development." Do what it takes to keep your top sales people.

Meanwhile, there's lots more talk about conditioning any corporate bailout to a filing of Chapter 11 (reorganizational) bankruptcy -- particularly when those in D.C. already see outlines of the steel, airline, and retail industries on the horizon as the auto makers set before them, hat in hand, their private jets awaiting them over at the Washington airport.

Can you believe those CEOs had the nerve to fly their private jets to Washington? I loved the video of the Congressional hearing when they were called on it. Great stuff.

Nerve? Maybe stupidity. Either way, when Romney writes to throw the rascals out, his words sure resonate with me.

11/03/2008

Curiouser and Curiouser: I Didn't See Any Obama Signs Today

Today, the day before Election Day, I was driving around a good part of southwest and west San Antonio for work - and because I wanted to have fun with the new navigation system in my car, I chose the "least obstacles" route and let it have its fun.

My car's version of HAL took me on a nice tour of that part of San Antonio better known as the "west side." It's a cultural experience unique to our community. You can buy agua frescas (don't even try and knock these if you haven't tried one, they put smoothies to shame), you can smell barbeque cooking as you drive the streets if you've got the windows down, and signs are often written in Spanish instead of English.

Bright colors are everywhere, especially pastels -- pinks, greens, yellows -- it's always a little bit Easter here. There are still small mom and pop groceries and taco joints, and while I sat at a long red light, I watched a man in the front yard of his family's body shop, white tee shirt and jeans, expertly taping newspaper over the exterior of what appeared to be a 1940s sedan (think Humphrey Bogart's two seater in The Big Sleep) in preparation for painting it.

My drive was far from efficient, and I got a pretty good tour of the area from HAL. And here's what I found so very interesting today:

There wasn't a single Obama sign, anywhere.

Here in what everyone assumes is a Democratic Heartland, zip. No "Change" signs, no "Obamanos" bumper stickers, no traditional "Obama/Biden" yard signs or fence banners.

Nothing. Just nothing Obama at all.

But there was McCain stuff. There were flags with McCain signs next to them, and I saw one of the biggest McCain signs I've ever personally laid my eyes upon pretty close to where Division dead ends, pretty near the Pan American Mexican Restaurant, where my daddy took me to have my first puffy tacos when I was 4 years old.

Curious, isn't it?

Over at The Drudge Report, I clicked a link where some pundit is pontificating on not just whether Obama will win, but whether he'll win by a landslide -- like Reagan over Mondale, or Eisenhower over Stevenson.

Maybe my ride today means nothing. But if Obama is such a sure fire winner, you would think I'd would have seen some support for him during my ride today.

I think this is something to ponder.

11/02/2008

Following Casey Anthony on Websleuths

If you want more information, almost on an hourly basis, on the Casey Anthony case, then you may find Websleuths to be a godsend -- or a curse.

Its forums are filled with the latest news, as well as rumors (is Cindy Anthony on the site? what about those crosses from J.C. Penney's?) and there's lots of traffic.

Some of the membership actively track the story on the site each night while watching Nancy Grace ("NG" on the forums)....

It's not the best site for downloading documents or getting video feeds, but it fills a need. Or an obsession.

10/22/2008

Polls? What Polls? I Don't Need No Stinkin Polls!

As the election get closer by the hour, I'm seeing more and more polls popping up - and no two are alike.

Well, no one's called and asked me a thing. No one that I've asked has been asked to reveal who they're voting for, either.

And, truth be told, the majority of us would decline to answer any survey on who we're voting for, if we were asked.

Why? I can't speak for other folk, but for me -- who I vote for is not anyone's business. It may be just my vote, but it's what I've got to give, and I take it seriously.

I'm tired of all this spin and media hoopla surrounding the citizenry choosing the person to lead our country, not to mention the most powerful man in the free world (or so they tell me).

It's not like I'm picking Best Picture of the Year at the Academy Awards. Or I suppose I should say, the People's Choice Awards since I'm not a SAG member. Geez.

I wouldn't trust a pollster to use what I reported accurately. Period. And this includes exit polls, too.

They talk about greed running rampant in our society, well - I see dishonest and self-serving spin running rampant, too. And all these polls, polls, polls -- just a buncha hoohaa if you ask me.

You know what? Bottom line, I wouldn't give them the time of day if they called because as a voter, I feel so ... well ... DISRESPECTED.

Whew. I feel better.

10/12/2008

I Want To Know Every Tidbit of Truth Here and I Want To Know It NOW

http://www.washingtontimes.com/news/2008/oct/12/obamas-kenya-ghosts/

The Washington Times has a story about Kenya - and Muslims killing Christians (women and children) - that is getting some coverage but far from enough for me to be satisfied.

It includes information about Barack Obama that I want to know about RIGHT NOW, and I want all the details, not some pat on the head.

I share the reaction of one of the commenters: this is horrifying.

And, I am sure I also share this attitude with others: I have a good mind and a great ability to think and judge for myself, and I am sick and tired of the Main Stream Media along with countless Hollywood celebrities assuming otherwise.

Just gimme the facts, and shut up.

9/29/2008

Was Casey Anthony Working at an Escort Service?

Over at WebSleuths, they've got lots of discussion over the web sites that Casey Anthony surfed -- including a long list of escort sites, from around the country. Nancy Grace's show has shown the list, but I haven't been able to find the actual document in any of the discovery materials available for download.

One post at WebSleuths gives information about the missing children link that's getting a lot of air time -- apparently, the link's name is intentionally misspelled and the link is really a portal to sites that most of us really, really don't want to go visit. If this is the only missing kid link on the website surfing history, then all the talk about premeditation based on Casey Anthony investigating missing children sites on the web goes away.

I've also noticed that no one is clear on how Casey Anthony was making money when she was purportedly "working at Universal." Just last Friday, on Nancy Grace, bounty hunter Leonard Padilla skirted the answer when asked ... although he's always said that there is always a grain of truth in what Casey Anthony says.

So, I'm still wondering -- what was Casey Anthony doing for money during all this time she said she was working? I still think she was going to a job, somewhere - and I think that it will be very relevant to what happened to Caylee.

See:

Where Was Casey Anthony Employed?

9/16/2008

Dr. Phil Show on Casey Anthony - Who's Next?

Well, it's been announced that Dr. Phil is going to be having a show this week dealing with the Casey Anthony case:

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2008/09/dr-phil-to-take.html.

Of course he is.

You gotta wonder who'll be next to jump on the media bandwagon ... Inside Edition? Oprah? Jerry Springer? 48 Hours?

For a good post on what all this media play means to you and me, check out Dallas criminal defense attorney Mike Lowe's post of September 15th.

9/01/2008

CASEY ANTHONY: Investigation Discovery Has the 400 Pages of Police Docs for U

Read Newly Released Court Documents in Casey Anthony Case is the title to Investigation Discovery's August 26th post - and within it, are four batches of documents available for download that contain the 400 pages everyone on TV has been referencing (especially the Nancy Grace show).

Everything in here is interesting, but if you only have time for a few reads, then go to the first batch, where the transcripts of police interviews of Casey Anthony are provided. Yep, the actual interviews.

Also of interest: interviews with friends and acquaintances, including a friend that reports Casey had around 300-400 photos of Caylee on her MySpace site and she took most of these down in June. (Casey has an interest in photography.)

Another tidbit: long before all this happened, she had a friend who worked at Sports Authority. She told her mother SHE worked there, never did, and took $400 from the friend to support this lie to her mom. Friend never pursued the theft, "she needed it more than I did."

You gotta read this stuff.

8/24/2008

The Public Library of Law

I just discovered this site (The Public Library of Law) while I was surfing around for the new 5th Circuit case impacting CPS here in Texas (the Gates decision).

Sure sounds nice, but I'll need time working with this site before I get excited about it. It's free, that's good. But, heck, Lexis is offering lots of free stuff these days, too.

Reviews?
Law, Technology & Legal Marketing blog likes it

8/20/2008

Casey Anthony Getting Out on Bail

Leonard Padilla (here in Texas we still say "pa -dee - YA" not "pa -DILL- ah") is getting to be as famous as Dog "Duane" Chapman, with all the interviews he's doing about getting Casey Anthony out on bail ... and yet, here it is on Wednesday afternoon and Casey Anthony is still setting in jail.

Last night, on Nancy Grace, Padilla mentioned something about a ruling being needed by Florida's regulatory agency on his nephew's ability to do business in Florida and he also mentioned the SEC, interstate commerce, and civil rights .... This afternoon, on FOX.COM, mention is merely made of "paperwork" problems, with Casey Anthony remaining where she is.

As an attorney, I'll be amazed if there's an agency ruling on this issue in a 24 or 48 hour turnaround ... agencies have set schedules and calendars, due process requirements to meet for notice of hearing, and other time-eating requirments. Also, there's not any emergency need to expedite things here, to provide an exception to the general agency protocol.

If the family really wanted to get Casey out on bail fast, what could they do? Go get a local bail bondsman to handle things - circumvent this agency brouhaha. Padilla could do this, too, I think.

Of course, this opportunity has been open to the family since Casey Anthony was first arrested, of which they apparently have not taken advantage. Wonder why?

And on another issue, let's be clear:

the U.S. Constitution prohibits "excessive bail" in this country. It does not specifically give a right to bail, althought state constitutions or state or federal statutes may impose this right. For a good, succinct discussion of this issue, check out Justia.US, the U.S. Supreme Court's website, and its references to the high court's opinion in US v Salerno, 481 US 739 (1987).

8/14/2008

Casey Anthony Latest - Greta's Got the Best Coverage: Is the Melinda Duckett Case Holding Nancy Back?

In my opinion, last night nailed it: Greta's got the best coverage of the Casey Anthony - Caylee Anthony story by far.

Greta Van Susteren's Coverage

Not only has Greta taken cameras into the Anthony home, as well as their backyard, along with interviewing George and Cindy Anthony repeatedly, but last night she had even more scoop: an interview with Tony the boyfriend's roommate, who was the DJ on the night that the "hot body" photos were taken, as well as being there when Casey and Tony met -- and living in the apartment, witnessing Casey being there, both before and after Caylee went missing.

From Tony the boyfriend's roommate, Greta got:

  1. confirmation thru live interviews that Casey was telling Cindy that Caylee was with the nanny, at the same time she was telling Tony and his roommate that Caylee was with her grandparents, Cindy and George;
  2. confirmation that Casey met Tony through Facebook, and that their relationship started around the last week of May;
  3. confirmation that Casey left around 8:30 am each morning, telling Tony and his roommate she was going to work (just as she was telling her grandparents she was going to work); and
  4. confirmation that after the last weekend in May, or the first week of June at the latest, Caylee was not seen by Tony's roommate at the apartment.
The DJ/roommate also stated that Casey appeared to be a "good girl" to everyone; that she was partying like there wasn't any problem at all during the "hot body" contest night; and that when she was with Caylee, she acted like a good mother - and that the mother and daughter had what appeared to be a loving, caring, close relationship.

Nancy Grace's Coverage

Meanwhile, over on Nancy Grace, the big interview last night was with psychic Gail St. John (another interview was with St. John's assistant) which gave us absolutely nothing new. I must admit, thought, that the cadaver dog was very cute, and had the best personality of all the psychic team members.

Nancy Grace and the Melinda Duckett Missing Tot Case - has Nancy been reined in?

Granted, Nancy Grace may be gunshy - or maybe the CNN legal team has set some clear show boundaries, given that she's being sued for her aggressive questioning of the mother of another missing tot, who committed suicide shortly after the interview.

Just like Casey Anthony, Melinda Duckett was the only "person of interest" regarding her missing son, Trenton. Trenton is still missing today.

Melinda was questioned on videotape by Nancy Grace, who vigorously questioned Melinda on why she didn't take a lie detector test, and why she was so vague in her answers to questions regarding Trenton's location. (One can only imagine how a similar interview would go between Nancy Grace and Casey Anthony.)

After her interview with Nancy Grace, but before the show aired on TV, Melinda Duckett committed suicide.

The Duckett family is suing Nancy Grace and CNN for the wrongful death of Melinda, as well as for their own allegedly severe emotional distress as well as media and public harassment after CNN and Nancy Grace aired the interview after Melinda's death.

Just this month, the judge okayed the case to go forward, denying CNN/Nancy Grace's motion to dismiss the lawsuit on the grounds that it would "severely chill" media coverage of stories involving similar missing children (or missing persons).

Interestingly, the Duckett lawsuit is filed in a federal district court in Florida, the same state in which the Anthony investigation is taking place. If another Florida family were to file a similar suit, they would be under the same state and federal circuit jurisdiction.

So, has Nancy Grace been "chilled" by the pending litigation? It's something to ponder ... though (ahem) I'm no psychic.

Don't get me wrong, though -- there's nothing I'd like better that to watch Nancy Grace interview Casey Anthony.

I'm just thinking that while the Jenny Jones show had its $25,000,000 verdict reversed on appeal, litigation is very expensive in time and money, and while television shows need to be responsible, the argument that their coverage can be "chilled" by even the possibility of being sued is also something valid.

8/13/2008

Has Rielle Hunter Been Illegally Paid John Edwards Campaign Money?

First, I think the irony that the National Enquirer broke this story is delicious. It's almost as fun as Matt Drudge and Monica's stained dress ....

That aside, wearing my lawyer hat, I'm thinking that the big, lasting story here is the money. Affairs aren't new for presidents or presidential candidates and sad to say, illegitimate children probably aren't either.

But this twist of "show me the campaign money" is new....

There are continuing news stories about Rielle Hunter receiving cash from Edwards' former campaign finance chairman ... and that this money continues to be provided to her.

CBS News is quoting ABC's Nightline interview last Friday of John Edwards, where he purported states,"I've never paid a dime of money to any of the people that are involved. I've never asked anybody to pay a dime of money, never been told that any money's been paid."

(Edwards is a lawyer, and this response reminds me of my first year at UT Law, where torts Professor Treece explained personal injury defense: "you weren't bitten by a dog; second, my dog doesn't bite; third, I don't own a dog.")

1. Rielle Hunter's undoubtedly got the argument that she was, or is, a campaign employee.

However, that only gets her so far -- the money she's received needs to be reasonably comparable to others in that same position. Easiest way to do that is to compare jobs: how much did Hillary's campaign videographer get paid? Mitt Romney's? Mike Huckabee's? Ron Paul's? Do they all have campaign videographers?

2. Another question here, for me at least, is not just the scope of her employment but its length.

Is she still employed by the campaign? In what capacity? (According to the National Enquirer, Rielle Hunter is still receiving cash payments from the Edwards campaign coffers.)

3. Was any of this illegal?

If Miss Hunter, the former Lisa Druck, has been paid campaign dollars for what essentially becomes custody, support, and/or consideration for a confidentiality agreement, then federal laws may come into play here, and to me, this is where the rubber meets the road on this story being different from the rest of the Gary Hart-esque dramas.

I think we're looking at a federal crime when someone's dollars, given to advance a political campaign for president, are instead used for the personal expenses of the candidate's pregnant girlfriend.

Maybe it's fraud. Maybe it's theft. Maybe it's a violation of federal campaign funding protocols. But it's something.

8/11/2008

CAYLEE ANTHONY - NOW THEY'VE HIRED PSYCHICS

Today's news has Cynthia and George Anthony hiring a psychic named "Gale St. John" to try and find Caylee Anthony. (Casey's still in jail, refusing visits with family.)

So, I went and surfed around on "Gale St. John" and she doesn't seem that impressive to me. Her website has a list of cases, not that many, and of thosae, only a few that appear to be successful ... and there's no specific references to any particular police matters where Gale St. John has saved the day.

I know that the Amazing Randi considers all psychics as shams, but if the Anthonys were going to hire someone, couldn't they at least go get Allison DuBois, who at least has a Harvard professor backing her up? (Yep, that Allison DuBois - the one that they made the TV show about, starring Patricia Arquette ....)

8/09/2008

Where Was Casey Anthony Employed?

There's video of George Anthony describing the last time he saw Caylee -- Casey and Caylee were leaving the Anthony home while George was watching his usual Food Network television show, before he left for his job. Casey was purportedly going to work, and dropping Caylee off at the babysitter (I just cannot use the word "nanny" here ...). This was on June 16th.

There's video of Cindy Anthony talking about Casey referring to Caylee's "nanny" over the past year and a half before Caylee went missing.

There's audio of Lee Anthony explaining that Casey worked for two companies (Kodak, CVision) that contracted with Universal, which would explain why Casey Anthony's name was not on the Universal payroll roster.

Then, there's the search warrant affidavit (see link below) -- Casey Anthony was fired off the Universal lot over two years ago, her alleged coworkers and former boss don't exist, and she's got no payroll stubs, etc. to show any past employment history.

So, here's my question: as bizarre as the Anthony family appears to be, they do seem cohesive in their assumption that Casey was going to work. For an extended period of time.

Where was she going, with her child, on a regular basis - in work attire?

I can't find the answer anywhere on the web.

Sources:
Sun-Sentinel.com
FoxNews.com
InvestigationDiscovery.com"

8/08/2008

Read the Search Warrant in Caylee Anthony Case

A local television station in Orlando has published the entire search warrant in the Casey Anthony case online, go read it here:

http://www.wftv.com/download/2008/0807/17124703.pdf.

7/29/2008

The Best Caylee Anthony Coverage is by David Lohr

I have not been able to find a site that is doing a better job of covering the Caylee Anthony disappearance than David Lohr over at Investigation Discovery - this is just excellent work:

Full Coverage - Table of Contents for ID's Full Coverage of Caylee Anthony

ID's Timeline of Events which is kept current and intersperced with links to videos, audios, etc.

ID's Audio File Collection including the jailhouse phone conversations and the 911 calls

ID's Document Collection including court filings, press releases, etc.

7/11/2008

Is Your Local Starbucks Closing?


Well, Google is always so Johnny-On-The-Spot ... thanks in large part to StarbucksGossip.Com, Google Maps has a list of rumored Starbucks closings (you know, Starbucks already issued its press release that it's closing 600 stores but has failed to delineate which stores comprise that list):

click here for the Google Map of Rumored Starbucks Store Closings

Whew. None in San Antonio. Yet.

7/08/2008

Why Not Blow Off Jury Duty?

I don't know about your jurisdiction, but here in San Antonio, it's really not smart to blow off jury duty. Just ask Liz Chavarria, who didn't show up for the first day of trial after she was picked as a juror for a criminal case.

Yep, everyone had to set around and wait on her that day: the judge, the clerks, the court reporter, the attorneys, the witnesses, the defendant, the bailiff, and the 11 jurors who did show up.

So, Judge Vasquez-Gardner ordered her to over 100 hours of community service - in the Central Jury Room, where everyone who's called for jury duty sits around, waiting to be called for a panel - but no fine, because the Judge figured that Liz's parent would end up paying it. Liz also has to write 14 letters of apology: one to each juror (including Liz's alternate, who replaced her) and one to each of the attorneys (prosecutor and defense counsel).

Me? Cool Judge, I particularly like the letters of apology, and Liz is lucky she didn't get jail time. Other judges here simply send out the Bexar County Sheriff to arrest those who fail to show up - they are in contempt of court - and let them spend some time in the local jail.

6/17/2008

They Settled Virginia Tech Today

They've reached a settlement in the Virginia Tech killings, and the Judge approved the agreement today. I'm not sure how I feel about this, or what I think.

I hope that these 24 families get some closure from today's ruling. What happened on that campus was such a horror, with so many of the victims, so young. So many years stolen from them.

I think about the legal fees. I wonder what the cut was. Forty percent - fifty? Plus expenses before the families see a dime? That's not unreasonable, that's sorta standard these days. How much of that $11 million will the 24 families really get?

I think about litigation from a legal perspective, and how being an attorney turned into a business somewhere in the past 30 years or so, and reading this newstory today makes me sad.

Did anyone sue the University of Texas after the sniper, Charles Whitman, shot students at random from the Tower? Did anyone ever seriously think to do so?

How responsible can any university truly be when someone with a severe mental illness turns violent?

Do we, as a society, really think money is this powerful and important?

Just some of the things I'm pondering this evening. My condolences to everyone who was harmed by the Virginia Tech Tragedy, as well.

5/27/2008

Starting Over Heroes: Colonel Sanders and William Shatner

Colonel Sanders did not even BEGIN his chicken-selling business until he was 66 years old. I like that -- and he did so out of need: he had been running a service station and selling his fried chicken on the side for several years, when an interstate highway was completed that routed traffic away from his station and forced him to close. He used $105 from his first Social Security check to fund his new project, and began his KFC business out of his pickup, driving around and selling chicken that he was frying up in the back of the truck. Within a couple of years, he sold the franchise for $2 million and remained involved as company spokesman until his death at age 90.

William Shatner was a Shakespearean actor who had appeared several times on Broadway when he got the role of Captain Kirk on Star Trek. After its three-year run, he couldn't find work elsewhere - he'd been typecast as Kirk - and concurrently with the show ending, his wife divorced him. Soon, Shatner was living out of a camper-covered pickup truck, and finding gigs doing special appearances at kid's parties to make ends meet. He had to start over at age 44 - he kept on moving forward, and appeared in guest star slots in Columbo, and other tv shows, as well as on game shows, and got his second big break when he was 51, in the TV show TJ Hooker. He's gone on to write lots of science fiction books, win Emmy and Golden Globe awards for his role as Denny Crane on Boston Legal, achieve respect in horse circles for his thoroughbred ranches, and while his spoken-word album has been the source of lots of laughs, he's actually gained respect in jazz circles for his second album, which had lots of famous folk participating in it (Joe Jackson, Ben Folds).

5/21/2008

Now Here's An Innovative Judge - $1000000 for 1 month

Wow. Lou Pearlman, con artist of boy band fame (Backstreet Boys, 'NSync, O'Town), was sentenced today to 300 months incarceration - with the proviso from the Judge that one month would be knocked off the sentence for each $1,000,000 that Pearlman provided in restitution.

Since Pearlman was found to have looted $300 million from his victims, the Judge pointed out, this was conceivable a Get Out of Jail Free card.

I'm lovin' this Judge -- of course, Pearlman has to still HAVE the money for this to be anything more than cocktail party fodder.

For more info, including the sentencing statement and the judge's comments from the bench, go here.

5/20/2008

While You Watch American Idol I Will Be Watching NCIS

What is it about American Idol -- Idull --- I just don't care anymore.

I don't know that I'd watch this finale week anyway, but I know that there's no decision to be made now, CBS has made it for me:

I've got to watch the two-hour finale of NCIS.

I love Mark Harmon, I admit it. Plus, all the characters are moving along nicely.

And, fine: I admit to playing Man from Uncle as a young child, back when Ducky was so cool and hip as Illya Kuryakin. (I got to play the Girl from Uncle when we were tired of riding our bikes thru the streets, towel-capes flying, playing Batman ... I was Catwoman ...ah, the good old days.)

Okay, back to reality. We all knows that one of the main cast members is being killed off. I'm voting that it's the Director that dies tonight. Makes good sense plot-wise, and besides: I will sooooooo ticked off if it's anyone else.

5/19/2008

Kenny Chesney - Right or Wrong?

You know, when I first read that Kenny Chesney was all over the way he won his 4th Entertainer of the Year Award, I thought "idiot ... now I understand why Renee Zellweger dumped this guy...."

In case you missed it, Chesney said (according to Reuters), "I don't think it's right that they picked the one award that means the most, that all artists sacrificed the most for, and turned it into ... a sweepstakes, to seeing who can push people's buttons the hardest on the Internet. It's a complete disrespect of the artists. I think because of that it really diminishes the integrity of the work."

Then I thought about it, considered the whole, boring (and am I the only one who wonders if American Idol is rigged) American Idol finale this week, and I've decided he's right.

Lawyers know who the good lawyers are -- artists would be the best to pick the cream of their crop, too.

5/02/2008

Right vs Wrong -1: TMZ Identifying Underage Sex Crime Victim is WRONG

Things are muddy and getting muddier in our society, and there are times when lines should be drawn in the sand and kept there. Here's one of them.

Earlier this week, TMZ not only reported on the alleged sexual relationship between a female adult, age 22, and a 14 year old boy - they posted his name and published his photograph.

What was the big draw for TMZ? The boy's father is a famous Academy-Award winning movie star, with an even-more-famous ex-wife (with her own Oscar, by the way).

What does TMZ's Harvey Levin say about this? According to AP, Levin's response is: "[t]he story speaks for itself."

Well, Mr. Levin - that's not passing muster - in fact, your response seems a tad smug to me. Shame on you.

Minor children need to be protected, and I for one, predict that TMZ (along with its owner, TimeWarner) gets sued by the parents of this boy, on his behalf. In fact, I would applaud the filing of such a lawsuit.

Why? It seems apparent that having to pay big bucks seems extremely appropriate here as a way of communicating that it's just plain wrong to reveal the names of minor children who have been victims of sex crimes. This is the very essence of allowing punitive damages in our judicial system, by the way.

While things are pretty murky in our country these days, there are still some bright lines on what we'll tolerate - and what we won't. Protecting children seems a no-brainer, even if there's a celebrity factor and even if it's a teenage boy - presumably a 9th grader - who may think it's cool to have a 22-year-old girlfriend.

How long will this boy be used before someone stands up for him?

3/26/2008

A Unique Solution to the Overcrowded Prison Problem

In South Texas, a woman weighing 1000 pounds (that's not a typo) has been arrested for capital murder. Where's she going to be incarcerated? The officials have no answer for that -- they say they'd have to remove a wall to her bedroom to get her out of there, so right now the judge has released her on a personal recognizance bond.

The mind reels at the due process considerations here. Where will the hearings be held? The trial? If she's found guilty, where will she be placed? Permanent house arrest? Looks like she's already done that to herself.

Still, I can already hear it: let's force feed other prisoners ....

3/25/2008

I GOT A NIGERIAN 419 SCAM LETTER with a $4921 Check!!!!

Last week, I wrote an article on these Nigerian Scam Letters, also called Advanced Fee Fraud or 419 Scams - and zowie! In my mailbox yesterday, one arrived.

Scary in how legitimate the check looks, it's very nicely done. Envelope has no return address, a floral postage stamp, and has been mailed from Canada.

The letter tells me that they've been trying oh-so-hard to find me - I've won a lottery! And by the way, I must send them a little over $2000 by Western Union, to cover the taxes which are already past due on my winnings. I need to call some accountant guy immediately -- it's oh so important. The letter actually implies that I'm in trouble with some taxing authority about these lottery winnings.

Yeah, right. I'm turning all this over to the Secret Service. I know what a Spanish Prisoner is, byjiminy.

Oh, and yeah - I did mean the Secret Service, you know, the same guys that protect the President. That's what the FTC instructs (see link below) -- if you get one of these, too, look up your local Secret Service office in your phone book, or surf over to their website to find your closest Secret Service field office.

For more information:

Federal Trade Commission Consumer Alert
United States Secret Service
NigerianScams.Org
Wikipedia - Advance Fee Frauds

1/22/2008

Murder of the Pregnant Marine: Would Cesar Laurean Be Extradicted From Mexico?

Of course, here in San Antonio everyone is checking out everyone else -- in grocery store lines, at the gas pump, in the Wal-Mart parking lot.

We're close to Mexico, and we've got a huge Hispanic community as well as a large military population. Cesar would fit right in here.

Does that guy look like Cesar Laurean? What if you discount the red hair and the glasses and the limp, then could it be him? What was the reward again?

Maybe it's because we all remember the manhunt for Jose Del Toro, the young man who left here for Florida to kill San Antonio Quad Mom Sheila Bellush, and made it into Mexico before being found and extradicted.

Yes, a deal was made with Mexico for Del Toro's return - no death penalty. He's currently serving two consecutive life sentences in Florida.

It Took Almost 2 Years to Get Del Toro Extradicted

Over the 20 months that the extradition deal was being negotiated, Del Toro sat in a Mexican prison after being located by Mexican authorities. That negotiation took lots of time, and involved both the U.S. Congress (there was a congressional hearing on the matter) and the Mexican Supreme Court (Del Toro appealed in the Mexican courts) in the decision to allow Del Toro back into U.S. jurisdiction for trial and sentencing. Del Toro's decision to admit guilt was purportedly a factor in his return to the States.

Laurean Might Well Win a Mexican Extradiction Fight

If Cesar Laurean has made it across the border, and if he is discovered in his native Mexico, then it's going to be a big legal fight to get him back here. If Del Toro's case is any gauge, Laurean could be remain in Mexico for a very long time.

I'm thinking that not only will Laurean not take responsiblity for murder, as Del Toro did, but that Laurean is also a Mexican native - which Del Toro was not. Two big factors that might sway the Mexican courts to keep him in Mexico, unlike their Supreme Court decision in Del Toro's case to allow extradiction.

1/19/2008

Tom Cruise Scientology Video - What All That Lingo Means

I'm assuming by now that you're heard about the Tom Cruise Scientology video, and that odds are high that you've seen at least excerpts from it. This means that you've heard Tom Cruise mention such things as "KSW" and those darn "SPs" -- insider lingo, right?

Well, those folks at MTV.COM are so very helpful.

They've posted a nice explanation of the Scientology language used on the video, their "Tom Cruise Scientology Video Glossary," which is entertaining in its own right.

Check it out.

1/16/2008

Britney Pregnancy Watch - Maybe I Should Go to Vegas

One day after I posted my prediction that Britney Spears will be pregnant by April 2008, look what shows up in People magazine and over at Fox.com --

photos of Britney shopping for a pregnancy test with her new paparazzi-boyfriend. Woooooooo -- Scarey.

1/15/2008

I'm Betting Britney Spears Is Pregnant Before April 2008


Having worked with enough mothers facing termination of their parental rights, which is different and more serious that a custody fight in a divorce case, I have a different take on all the Britney Spears hoopla.

I've seen mothers shave their heads, and all their other body hair. Why? To avoid a hair follicle test which would reveal their alcohol and drug usage over the past 3 months.

I've seen mothers not see their babies for weeks, or months, at a time. It's not a big issue for them, it's a different perspective.

And, no, I can't say that I understand it. And, yes, lots of these women have serious issues - sometimes, it's mental (bipolar disorder, schizophernia, etc.) and sometimes it's physical (alcoholism, drug additions). Sometimes, it's both. Many folk suffering mental illness tend to self-medicate with booze and drugs. There are also the ones who don't fit into these categories, and just aren't fazed by the separation. There's no easy explanation for this category of mom....

Here's the thing: I've seen a lot of these CPS-case mothers simply get pregnant again. Sometimes, it's with the same husband or boyfriend (the lingo is "paramour" in the courtroom), sometimes it's someone new.

And, having watch Britney's behavior - especially over the last few weeks - I'm betting that she will be pregnant very soon. Without a husband this time.

And, I'm betting that California's Department of Child Protective Services will become involved at that juncture ....

Let's see if I'm right.