Open Thread Discussion: 8/27/2014

August 27, 2014

Wednesday, August 27, 2014

Good morning:

We have pressing errands to run today and will be in and out.

I have three sobering articles for you all to read to begin the discussion.

The first article is from Mother Jones by Mark Follman. The title: Michael Brown’s Mom Laid Flowers Where He Was Shot—and Police Crushed Them.

The second article is from the New York Times written by Campbell Robertson and Joseph Goldstein. The title: In Aftermath of Missouri Protests, Skepticism About the Prospects for Change

The third article is from Firedoglake written by Massacio. The title is: Studies Confirm Huge Wealth Loss of Middle Class.

See you in the thread.

Fred


Featuring: LLMPapa with Four Witness Verification Audios in #MichaelBrown Shooting

August 26, 2014

Good morning.

LLMPapa has posted four witness verification audios to YouTube. The audios contain a recording of the shots fired, along with four witness statements to press. The witnesses describe what they heard, and the audios afford an opportunity to listen to recorded shots at the same time. Many thanks to LLMPapa for turning our attention to the recorded shots and their correlation to witness statements.

Witness Verification Audio #1:

Witness Verification Audio #2:

Witness Verification Audio #3:

Witness Verification Audio #4:


Rest in Peace #MikeBrown, You will not be Forgotten

August 25, 2014

Monday, August 25, 2014

Good morning:

Today is Mike Brown’s funeral.

May peace be with you.

I believe you were executed by a man who has lost his way and more than once I have felt an urge to call upon the darkness to obliterate him from the surface of the Earth for what he did.

I have had the same urge to put a pox on the house of every person who has contributed money to the man who killed you.

I am not going to do that.

I have turned my back to the darkness.

I am going to follow the path of light.

And from this place expose the truth.

Darren Wilson cannot hide from God.

He will be held to answer

And so will all of his supporters.

Rest in Peace.

You will not be forgotten.


Public Schools in New Orleans 1958-1959

August 25, 2014

Old Kenner High School via Wikimedia Commons

Letty Owings, age 89 and the author of this post, recalls moving to New Orleans and teaching in a public elementary school in 1958.

New Orleans 1958-1959

Cultural experiences abound in this land of ours, but none can surpass living in New Orleans for just one year. The mockingbirds singing in the magnolias were left behind in Atlanta, along with red dirt and Stone Mountain. Ray went ahead of the six of us to begin his year of duty in the New Orleans Public Health Service Hospital. He got established and rented a house before the kids and I loaded the car and followed to what we found to be a strange locale.

As we drew up the drive to the hospital, moisture dripped from the huge vine-covered trees. A big crab inched his way across the street. Ray was sweating bullets because his “room” had no air conditioning to tame the heat and humidity. I remember his coming to the car and saying, “I don’t think you should have come here.”

Our rented house proved to be nicer than we expected. It did have its moments, however. An alligator came to the carport to lounge around, and the neighbors whose house practically touched ours fought half the night. That could be entertaining in the days before TV if they had only known when to shut it off. Our house, built on a concrete slab, sweated the floors sopping wet at night. Walking around could be precarious. Clothes that touched the floor or shoes left in the closet turned green with mold.

The quarreling neighbors told me to stay out of the yard during the day for fear of heat stroke. I blew off that advice since a veteran of the Midwest dust bowl could not possibly have a heat stroke. I did not have the stroke, but I did get mighty sick when I gardened in midday—only once. That once was all it took to pay attention to the natives. I never made my peace with the heat and humidity, but we did build immunity to mosquitoes.

School in Jefferson Parish where we lived came as an impressive challenge. One day right before enrollment time, the neighbor lady—not the battling one—asked me where the kids were going to school. Considering that a question with an obvious answer, I told her they would go wherever the local school was located. She was quick to inform me that nobody that was anybody sent kids to public school, and, in fact, it was unthinkable. Without either money for private school, which meant Catholic in New Orleans, or a desire to try to change plans in a strange location, we forged ahead with public education. Our oldest was ready for high school. When enrollment day came, we found the high school, if it could be dignified by that name.

The school building, completely buried in a summer’s growth of tall weeds, appeared as though it had been a long time condemned and given over to hopelessness and rot. The principal, a hefty Italian sweating profusely and flailing his arms around, trying to impose order on the chaos, hardly seemed to notice our inquiry about enrolling a student. In fact, students appeared to be the least of his worries. The attendees chiefly consisted of those who had been disciplinary cases thrown out of Catholic school or sons and daughters of the dock and levy crews. The kids that slept on the levy were called “levy kids.”

Two of our kids served their time at John Clancy elementary school. We never learned about the John Clancy behind the name. Perhaps he was a crooked politician. That would make sense in an area where the biggest bridges were named after Huey Long, the infamous former Governor who was shot dead on the capitol steps. His brother Earl Long served as Governor in 1958, although his mind had long since left him. Sanity was not a requirement to be Governor of Louisiana.

John Clancy, newer and even more crowded than Kenner High, had a principal who had not even the benefit of a secretary or a counselor. He was the staff. Always hurried, harried, nervous and angry, his was an impossible situation. In fact, all of education in the state of Louisiana was impossible. With one of the highest tax bases in the country paired with the lowest teachers’ salaries, the diversion of funds to pockets of politicians assured a hopeless public education system.

Cooks held the most important jobs in the school system as far as the students were concerned. Many of the kids depended on the free school lunches for their daily bread. The principal stood like a prison guard at the lunchroom door, right by the tray return. His rule of “you take it, you eat it” went unchallenged. The cooks put their pride and their energies into making great meals for the hungry hordes. Biscuits hot from the oven and plenty of red beans and rice made for hearty, nourishing meals. If they deviated from the menu, the kids looked askance at the food. School fare was the same as what the kids ate at home, if they came from a home stable enough to have meals. The lucky ones might add to their fare some crawdads caught in the ubiquitous drainage ditches.

Classes at Clancy averaged around 50 students of varying ages. Since social promotion as a concept had not yet caught hold in Louisiana, students could fail as often as teachers cared to fail them. Some big guys roared up to grade school on their motorcycles. Some others were rounded up and dragged in by the local cops since truancy was petty crime. “Special education” classes for those who could not or would not learn were not an option in schools where most students would have qualified for special education. Teachers tried to survive, one day at a time.

So desperate was the need for teachers that I finally agreed to take a sixth grade part of the year. We could use the money, meager as it was. The $278/month was an improvement due to the recent reorganization of teachers’ unions. A Catholic Brother from one of the orders taught a sixth grade with 55 students. Not all the chairs fit in the room. Teachers and a few students, in that room and a number of others, were relegated to filling the hall next to the room. One day the Brother decided he was out of there while he was still functional. As unstrung as he was, he probably went out and crawled in a hole. I took the class for a number of weeks that ran into months. It was rather horrible, although I found the “kids” of all ages responded to kindness and consideration—attributes they seldom encountered. I liked them and they cared for me. They would beg me to read to them since many of them had never had the privilege of owning a book of their own or actually learning to read. Books suffered the same shortage as all other supplies.

Ray’s work at the State Street Marine Hospital had him catching babies and treating families of the shrimp boat captains. Since their health care was free, they brought gifts to the doctors on occasion. And what would a shrimp boat captain bring but shrimp—huge shrimp, a generous and unusual gift. We never went down to see the fleet blessed when the boats set out, but I believe that continues to be a custom.

Then, the floods came.

…to be continued, with a recollection the flood, and of Mardi Gras…


Iceland’s Bárðarbunga Volcano Eruption Begins

August 23, 2014

by Crane-Station

The National Icelandic Broadcasting Service, Ríkisútvarpið (RÚV), is reporting that a small eruption has begun in Iceland’s Bárðarbunga volcano. The Icelandic Meteorilogic Office (IMO) has raised the civil aviation alert color code from orange to red, and airspace over the volcano is now restricted. IMO defines this alert: “RED: Eruption is imminent or in progress – significant emission of ash into atmosphere likely.”

There is a Live Stream of the volcano on YouTube here.

Related:

Seismic Activity in 3-D updated every 60 seconds. Shows location and depth. Super cool site!

Small eruption believed to have started

Iceland’s volcano has started erupting


#Ferguson: Darren Wilson’s prearrest silence may be admissible

August 23, 2014

Saturday, August 23, 2014

Good afternoon:

BettyKath asked the following question in the comments to yesterday’s post, Grand Jury should indict Darren Wilson because his claim of self-defense is contradicted by autopsy results and all eyewitnesses.

Didn’t the Supreme Court rule that maintaining silence before the Miranda warning, i.e. before being arrested, can be interpreted as a sign of guilt?

This is an excellent question regarding the admissibility of prearrest silence and my answer is the subject of today’s blog.

Yes, prearrest silence can be interpreted as evidence of guilt unless the suspect/defendant specifically invokes his fifth amendment right to remain silent. In Jenkins v. Anderson, 447 U.S. 231 (1980), the defendant did not report the killing to the police until he turned himself in to police two weeks later. He told them that he stabbed the victim to death in self-defense. At trial, the prosecutor cross examined him regarding his failure to report the killing and to claim self-defense when it happened. He also commented on his silence in closing argument claiming that it was evidence of guilt.

The Supreme Court of the United States (SCOTUS) affirmed his conviction rejecting his argument that the comments on his prearrest silence violated his fifth amendment right to remain silent. The Court held that his silence was admissible because a defendant must expressly claim his right to remain silent for it to apply.

See also Salinas v. Texas, 133 S. Ct. 2174 (2013).

Pursuant to Jenkins and Salinas, Wilson’s failure to fill out the incident report (i.e., his silence) will be admissible against him at trial unless he expressly refused to do so citing his fifth amendment right to remain silent.

Apparently, he did not do that because the cover sheet is filled out, but the section where his narrative report should be is blank.

If he orally invoked his right to remain silent when he turned in his blank incident report, his prearrest silence will not be admissible.

In any event, the prosecutor doesn’t have to comment on Wilson’s silence to get an indictment because, as I stated yesterday, he can obtain it by merely calling the eyewitnesses and presenting the autopsy report.

Although Wilson’s prearrest silence will not be admissible at trial, assuming he expressly invoked his right to remain silent, we also have to consider whether his oral statements to others that he shot in self-defense will be admissible.

No, they are not admissible because they constitute inadmissible self-serving hearsay.

That leaves Darren Wilson between a rock and a hard place.

He must testify in order to get his ‘bum-rush’ defense into evidence and a self-defense instruction. However, if he testifies, none of the eyewitnesses saw a ‘bum rush’ and if he tells a different story, he can be confronted with his ‘bum rush’ story.

Not an enviable situation to be in even with $225,000 in donations for his defense.

If you appreciate what we do, please make a donation.

Thank you,

Fred


Grand Jury should indict Darren Wilson because his claim of self-defense is contradicted by autopsy results and all eyewitnesses

August 22, 2014

Friday, August 22, 2014

Good afternoon:

The St. Louis County grand jury should indict Darren Wilson because the results of the independent autopsy and all of the eyewitnesses contradict his reported claim of self-defense and he has asserted his fifth amendment right to remain silent by refusing to fill out an incident report regarding the shooting.

Game within the Game

Darren Wilson has obviously been discussing his legal predicament with an attorney. As a result of that discussion, he decided not to fill out an incident report on the ground that his statement might tend to incriminate him.

That was a smart but risky move.

Smart because he has a fifth amendment right to remain silent and the members of the grand jury cannot assume that his silence is an admission of guilt.

Risky because he is the only witness who would testify that he shot Mike Brown in self-defense. All of the eyewitnesses have described a murder, not a justifiable homicide in self-defense. Therefore, if he does not testify, the grand jury will have little choice except to indict him for murder.

He could go for the brass ring by agreeing to testify before the grand jury, but he would lock himself into a story by doing so and could still be indicted for murder because his story is contradicted by all of the eyewitnesses.

Recall that the grand jury need only find that there is probable cause to believe that he was not in imminent danger of death or serious injury when he shot an unarmed Mike Brown multiple times, including twice in the head, killing him.

Yee olde bum-rush defense ain’t got no legs since none of the eyewitnesses saw Mike Brown rush the officer and his body was found right where he stopped and turned around to face the officer, 35 feet from the police vehicle.

Looks like he has decided to forgo testifying before the grand jury, in essence conceding that he will be indicted.

He’s in a very difficult situation, but I think he made the right choice.

Don’t forget that his lawyer could not be present, if he testified before the grand jury. There’s danger in them thar hills.

Meanwhile, he can derive comfort from the news today that people have contributed more than $225,000 for his defense at his beg-site.

Meanwhile, the racist right-wing-hate-machine marches on engaging in non-stop victim character assassination by lie and constant media repetition of the racist yee olde bum-rush defense in the court of public opinion until everybody forgets that Mike Brown was executed for jaywalking.

Welcome to Zimmerman II.


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