tag:blogger.com,1999:blog-14479656057938489962024-03-08T06:47:49.257-08:00A Barrister's Banter - John Joseph Cascone, Esq.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.comBlogger30125tag:blogger.com,1999:blog-1447965605793848996.post-68473841482136158072013-10-21T05:22:00.000-07:002013-10-21T05:22:13.932-07:00What Are We To Do? Shutdown of government in the U.S. Banking and economic collapse in the EU. Nuclear rumblings in Korea and Iran. Uprisings in the Middle East accompanied by mass arrests of anyone on the fringes of the fringe of those upset. Ethnic prejudice in French government.<br />
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We are the greatest country in the history of humanity! But, the proof is in the pudding and we sure aren't showing much of anything towards proof. Bridge and highway infrastructure dwindling like all man made things do when not "tended to" as it was said in the olden days. Public education, which is what set this country apart, has gone the way of the hoop skirt and spats. Leaders in high political office that dance like a marionette under the control of large contributors and special interests that have no care for the common good. What is the cure?<br />
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No one will be surprised to hear that I don't think there is a single cure. No, like most day to day heroes in America it is the little things that make great strides towards a better tomorrow. The problem is we can't get people to agree on what tomorrow or better means. For instance, union workers toil daily for an hourly wage and whatever benefits their leadership can garner. They are conservative, by and large, in their views on social issues, rights to possess weapons and our obligations as good citizens and neighbors. You would never expect them to support politicians that seek to limit their rights to collective bargaining, increase their tax burdens while eliminating them for those that make more money in some weeks than they will in their lifetimes, but they do.<br />
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As a society we have bought into the marketing ploys exercised by these small well-funded groups and we have ended up with the Ted Cruz' of the world having power beyond their station in life. We have splinter groups now driving the bus of State without benefit of a driver's license or the ability to reach the brake pedal. How did this happen? Marketing, and pardon me Ms. Willson and Mr. Lacey, it begins with M and M stands for MEAN! That is what has happened. Big dollars go to people willing to use their own truth, not facts, and say mean untruthful things about anyone that opposes the owners of the big dollars and their positions.<br />
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What is the answer? Making people responsible for their misrepresentations in the media. I recently read an article about how the Feds went after Roger Clements for allegedly lying to Congress over the use of steroids or human growth hormones. Acts that, in the grand scheme of things, amount to nothing more than the fact that he may or may not be a liar, cheater and profiteer. That is between him and Baseball, the fans, advertising sponsors and the Hall of Fame. The head of the NSA however, after receiving written questions a day in advance, directly lied to Congress over the gathering of data about regular run of the mill U.S. citizens. Then to complicate the matter even more he was offered a chance to clarify within a day or two and would not retract the lie. Then, even further still, he told two different versions of how he misunderstood a yes or no question, each contradicting the other and his testimony under oath. Now, guess who was prosecuted for his misrepresentations to Congress! Yep, Roger Clemens.<br />
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How does this happen? One man lies about issues of constitutional proportions and one man may or may not have lied about use of controlled substances - by the way a jury of his peers found him not guilty - and we use the full force and power of the American Justice system to go after one and not the other. We, the people, have let this get out of control. No one else is responsible other than the face in the mirror. Well, the people doing it hold some share of responsibility but that is because they lack a moral compass and will go wherever a dollar draws them. We need to stand up, look them in the eye and tell them no more.<br />
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Ted Cruz stands in front of his "Stepford Wives" like followers and tells them we have less than ten years as a nation and blames everyone but the face in the mirror. Do things need to change in Washington? Yes! Do we need the Ted Cruz' of the world with no experience other than his Ivy League education to direct him telling us how? No! A thousand times No! A college education doesn't mean you are smart enough to lead the world. It doesn't mean you are the smartest person out there or the best at something you have never done. If that were the case I would be going through the paces at Fenway getting ready to face the Cardinals Wednesday evening. Ted Cruz may have a high IQ but with him the emphasis is on the "I" and not the intelligence it takes to do the right things.<br />
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In spite of the Citizens United ruling of a few years ago we need to wrench power from the wealthy interests and re-direct government to doing the people's work. The common good does not necessarily mean eliminating taxes on the ultra-rich and allowing the lower end of the spectrum to bear their burden. Everyone needs to take up the load in equal and proportional shares and work for the betterment of the country as a whole. Some have talents with their hands, others with their minds. Why is one entitled to use those talents to suppress the benefits of a better tomorrow by denying a fair and equal chance to the other? A level playing field is what America was all about some two centuries ago. The ability for a man or woman to go out and, with all things being equal, make it on their own. We have lost that! Look at farming for example. Even 100 years ago corporate farms were non-existent. Today, they are everywhere, including the halls of congress with their hands out while we squeeze the small family farms to death. How did it happen? People using their own facts to create a facade of truth and veracity they are not entitled to, and with the money they throw around, have gained access and control of those with power over the public trough.<br />
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Regular Americans need to fight for good education policies, strong support for educational opportunities and requirements that the public business be conducted for the public good and not the good of the few with enough money to create their own truths which are not self-evident unless they are blindly accepted and followed. America needs to stand up and be counted. It needs to ask questions of the people taking public positions and not accept them because some talking head that uses big words has said them. Good public education made this country great and it will help us eliminate the falsities that have come to misdirect our ship of state like the removal of a misplaced magnet will lead a ship back to its true course.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-47741797127932711812013-07-26T03:54:00.000-07:002013-07-26T03:54:16.553-07:00Post Verdict Depression A second juror has exercised her right to speak out. Standard Jury Instructions in Florida tell jurors they can talk with anyone they like or no one at all, it is their decision alone. People within the court system come to understand the process over time, we are somewhat steeled against the frailties of a human system. As we should all know, humans aren't perfect and, therefore, their systems aren't either.<br />
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For this juror to ignore the truth of the outcome is somewhat revisionist. First and foremost, George Zimmerman is not guilty of murder! A jury of his peers, of whom she was one, has said he isn't. He might be, could be, possibly is are all speculative assertions that have no place in a courtroom. I always discuss that with a jury in closing arguments. Each one of those positions equals "NOT GUILTY" in a legal sense.<br />
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What this latest juror is experiencing is the regret that a young man died, another man ten years older killed him and in the eyes of the law as it stands in Florida, and most of the "common law" countries of the world, he is not guilty of a crime. The verdict form in Florida ends with something along the lines of "so say we all" to verify that the verdict is unanimous. Judges offer for either side to have the jury polled following the return of the verdict. Judge Nelson did so in this trial. This juror told the world it was her verdict. Shame on any juror that returns a verdict that is not the truth. Innocent people can end up convicted and serving time and guilty people can go free.<br />
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Now, if what the juror meant to say is that neither of the charges, murder in the second degree or manslaughter, were proven "beyond and to the exclusion of each and every reasonable doubt" then she was right. This new and improved moral judgment, exclaimed to the world on national TV, is some manner of search for peace in her soul. It also, in my opinion, crosses that biblical line of "judge not...!" None of us were there with Messrs. Zimmerman and Martin! None of us knows who the physical aggressor was! The job of a juror in a criminal trial is not to make moral judgments but to serve as the "judge of the facts" and apply the law as given to them to those same facts. Nothing more and nothing less!<br />
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The question that comes to my mind is whether or not these people that are speaking out, the two jurors so far, are being compensated for telling their stories on these so called "news" shows? If they are I think the networks and cable channels have an obligation to make that known so the viewing public can review their stories through the same "prism" the talking heads discussed on all the "post-game" Monday morning quarterbacking shows. If they are telling their story as part of their feeling of an obligation to let the public know that is one thing. If they are being paid then they are no better than the carnival hawkers of old and shame on them! John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-83890188541325223662013-07-25T03:18:00.000-07:002013-07-25T03:18:57.580-07:00Jury System Works Picked a jury on Monday in Jacksonville. A simple battery, misdemeanor, no big deal. Except it was a big deal! Juan Martinez is a family man who is 25 years old, not native born and works in the produce business - picking in the fields and selling in the farmer's market in Jax. Never been in trouble in his life, a life that is work from can't to can't. That is can't see in the morning until you can't see at night. He is living the American Dream making a home for his wife and two kids, seeing that the children are educated and he is up and at it before dawn seven days a week.<br />
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While the jury was deliberating the Judge informed me he would be taken into custody, in all likelihood, if found guilty. Nothing like a little pressure to add to the worries of waiting for a jury to come out with a verdict.<br />
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The State had three witnesses, one a JSO officer and two females who had never met but frequented a motel bar on the westside of Jax. I was unable to speak with jurors after the verdict but had to believe the character of the two ladies were the telling factor along with their ever changing and improving version of events. Their stories crossed each other only in the geographical location and the identity of this terrible sex driven man who brutalized one of them.<br />
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Two witnesses, a police officer who arrested Mr. Martinez, admissions of alcohol consumption, what more could prosecutors ask for in a case? The answer itself was simple - truthful witnesses!<br />
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The uproar over the Zimmerman verdict isn't being replicated here because there is no Al Sharpton or Benjamin Crump to thump their chests, ignore the facts and scream from the top of the bell tower how unjust the system is all in the pursuit of the "great green American." You will rarely find a defense lawyer who says the system is unbiased or blind in its treatment of defendants. But, what you will find is prosecutors who have witnesses that aren't truthful, or disrespectful, or rude or exhibiting a number of other behaviors that are offensive. I believe such behavior benefited Mr. Martinez in that jurors did their job in evaluating the witnesses and found their credibility to be greatly lacking. The fact they had each led lives of criminal activity was, I have to believe, certainly a contributing factor. The fact they lied about some little things, either at the time of the incident or in court, had to be another.<br />
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Just like Rachel Jeantel in her Zimmerman trial testimony, the behavior of a witness is a factor. Maybe a factor of great weight! Had Ms. Jeantel behaved on the stand as she has on the TV shows where Piers Morgan and Nancy Grace pandered to her like the long lost savior of humanity the verdict may have been different. Her story may have held water like a bucket rather than a sieve had she shown respect for the system and, more importantly, herself and her deceased friend.<br />
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No, I don't expect Mr. Martinez to be the focus of marches, attacks on legislation or sit-ins at the governor's office. But, I do wake to another day where my faith in the jury system has been bolstered anew by six honest citizens doing their constitutional duties and protecting individual rights against the government. God has truly blessed America!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-73856946686521817232013-07-14T07:56:00.000-07:002013-07-14T07:56:23.942-07:00Response to Verdict It has been roughly twelve hours since the verdict in the State of Florida vs. Zimmerman was returned. The response has been amazing! People across the country are weighing in without any concern for the truth as it has now become known.<br />
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There was "never, ever," to quote Mark O'Mara, a case of second degree murder against GZ! Simple, cold and hard truth that the facts weren't there for the State's run at GZ. Thank God for the Mark O'Maras and Don Wests of the world, along with all the behind the scene lawyers, clerks and paralegals that were doing the yeoman's work that kept them afloat for all these weeks.<br />
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A jury of competent citizens, GZ's peers if you will, found the evidence presented by the State to be inadequate in the end. There was no proof that GZ did anything illegal or that would have legally prevented his claim of self-defense. Both he and Trayvon Martin were legally allowed to be where they were. GZ did what a responsible person would do, he called law enforcement. What was not permissible was the use of any violence, one toward the other, that escalated to the point of necessity for self-defense. The commentators ignore the facts that there were other possibilities for TM - 9-1-1, knock on a neighbors door, shouting for help before a confrontation occurred - that he chose not to avail himself of. It was a fatal mistake that will impact the community, the families and our nation as a whole.<br />
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GZ will never spend another day without this weighing upon his conscience. Prosecutor McDreamy was right, the blood of TM will always be on GZ's hands. I don't believe anyone who has taken another person's life ever forgets! Look at the soldiers, law enforcement officers and others who are put in a position of taking a life. They all carry that burden for ever! GZ will be no different and I hope it doesn't result in a downward personal spiral that others will use to justify their attacks on him.<br />
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All of these public figures making claims of disgust, shock and stupefication at the result are false prophets of false claims perpetrated by lawyers on a mission to capture the brass ring of millions in fees. Benjamin Crump could not wait for the system to perform its duties! No, he had to try and drive the bus. Crump used PR spin an attack on the reputation of others to attempt to crawl up the ladder of financial returns for his own benefit. Where is the ill will of Singleton, Serino or Lee in all of this? What about the 18th Circuit SAO? Did they stand to derive a benefit from allowing this death to go unprosecuted? The answer to those questions is a resounding NO! Crump on the other hand is looking for a payday that justified, in his mind, skewing the process and stirring the pot of racial hatred and tension to increase the likelihood of return.<br />
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This is not the simple story of a young man going to the store for skittles and a soda. It is the story of a young man who was new to a neighborhood and not recognized by a member of that community. Is that profiling? I don't know but for the sake of argument lets just assume it is. From there what happened? The million dollar question that a jury resolved last night, after what was obviously a well considered and long discussed decision, is that it was a reasonable belief that self-defense was necessary! The evidence of injuries to GZ and his version of the events, somewhat bolstered by the testimony of Rachel Jeantel, tell a story much different than that being related by the people who have been misled by the Crumps in this tragic story.<br />
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All of the attempts to skew the process were for naught. Yes, they cost GZ, his family and Seminole County a year and a half of problems, worry and concern. But the end result was the long established common law claim of self-defense was again upheld under facts peculiar to this case. Claims of racial prejudice herein are baseless unless we are going to say every interaction between people of different ethnic backgrounds, no matter the result, are racially based! I say that is balderdash pure and simple , nothing more and nothing less.<br />
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There will always be people who utilize whatever technique is available to further their causes. That does not make it right! Whether they are haters or profiteers they are wrong and when they cause strife in society for their own ends they are even worse. There is no room in a free, mature society for these people to walk around without responsibility and blame for their actions. They need to be held accountable, just as GZ was. He weathered the tests he was subjected to, I hardly think Crump et al could do the same.<br />
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Keep TM's family, along with GZ's, in your prayers! They each need closure and an opportunity to move on. Stand up and be counted in making this case be the start of an improvement in our society and let the race baiters, haters and profiteers drown in their own bile. The beauty of America is we can be better and we should each try daily to make that happen.<br />
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John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-65995383900854555132013-07-13T11:10:00.003-07:002013-07-13T11:10:50.844-07:00Zimmerman Trial Having followed this incident since a day or two after the actual encounter between George Zimmerman and Trayvon Martin I have read so much information and heard so many talking heads discuss the facts that I feel I could recite the events verbatim. However, my thoughts here are from afar and not fully informed since all my information has come from the media sources that everyone else has also had access to during this seventeen to eighteen months.<br />
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Evidently that portion of Seminole County had trouble with property crimes and it had caused enough of a concern that a Neighborhood Watch program had to be initiated. That in itself is not to be treated lightly because citizens and professionals in law enforcement had to come together to make that happen. Next GZ is part of the "watch" program and the neighborhood is comparatively compact so anyone living there should be fairly familiar with the premises and those who frequent them.<br />
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That theory, right or wrong, means someone who has just arrived in the neighborhood and is not known to the other residents will stand out. A young man of any color or creed walking around alone, after dark in the rain, would reasonably be out of place to a regular resident when he hasn't resided there for any significant length of time. Nothing about the circumstances up to this point is out of sync with rational thought to me.<br />
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Even though GZ wasn't "on duty" as a "watch" person he was out and about and saw something out of the ordinary. Think about what we are told on the news almost daily - report anything that seems suspicious to you. GZ did just that! But, he went further and followed the unknown young man, going as far as getting out of his car to continue following. Sensible? Probably not! Illegal? Absolutely not!<br />
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From that point forward no one knows what happened between the two. We have the testimony of the young lady, Rachel Jeantel, who was on the phone with TM and her one side of the events from down in south Florida. Unlike the jury, we also know about pictures on TM's phone, some messages he sent, his school status, prior behavior and the presence of marijuana in his system. They do not paint a picture of a young man that is exemplary by anyone's standards. Neither do they paint a picture of a gangster, a criminal or a person of such a violent nature that one would have trembled in his presence.<br />
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We do have Ms. Jeantel's version of the sound of someone being struck which somewhat coincides with GZ's version. She also told us TM was close to his father's then current residence. Why he did not go inside and report the incident to his father is a great unknown. Why didn't he hang up from Ms. Jeantel and call 911 if he was experiencing the greatest fear of any child - a stranger following him home - is another. You can draw a number of conclusions from those failures to act in what I would believe to have been a rational manner. None of the conclusions I would draw from that would support the idea that TM was a "frightened child" attempting to flee a pursuer. During my career I have represented too many young men of his age group that are all "ten feet tall and bulletproof!" Youth has a certain lack of ability to rationally perceive circumstances that crosses all socioeconomic strata. Personally, I hate dealing with teenagers because of their inability to understand that actions have consequences and the shock they express at learning that lesson.<br />
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At this point in time nothing had yet been done by anyone that was illegal. Even if there were an exchange of words between the two there was nothing outside of the law as it is known to me. Something changed quickly though and erupted in a way that no one in their circle of families and friends will ever forget.<br />
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From the evidence as we know it there was no physical evidence of hitting TM. No black eyes, broken noses, cut head. The only injury I have heard referenced is the bullet hole that led to his death. GZ, on the other hand, had a broken nose, blackened and swollen eyes, cuts to the back of his head, wet jacket and grass or other debris on his back. Logic indicates, from those facts alone, that TM was the physical aggressor. Whatever went before, right or wrong, is indicative of no criminal behavior by GZ.<br />
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The legal question that then is left is whether or not his fears leading to his use of a firearm were reasonable. No other issues are of true import, no matter what Crump et al have to opine. No matter what the SAO argues about blood on GZ's hands. Those are emotional presentations that are inappropriate in the legal arena.<br />
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An overriding issue that has weighed upon my mind since learning it is why TM's father, who was residing in the neighborhood where he died, never heard any of the commotion - gunshot, police, fire and rescue, people talking and moving about in the seemingly compact neighborhood. Finally, why did he wait until the next day to report his minor son missing? I don't consider that to be a rational act of a parent!<br />
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The tragedy is that young men the age of TM are prosecuted routinely for adult crimes. Our society has seen an increase in this kind of activity both by the young men and by the justice system and has turned a blind eye to the development. It needs to stop, from both sides!<br />
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I cannot predict the verdict and will not pretend to have a crystal ball that gives me an advantage over non-lawyers. There were six people in the jury box. My prayers are with them! I pray for justice every day and will continue to do so until I no longer have the ability for rational thought.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com1tag:blogger.com,1999:blog-1447965605793848996.post-64618689183821358292013-07-13T06:08:00.000-07:002013-07-13T06:19:54.278-07:00Criminal Trial as Sport<h2>
Criminal trial as Sport</h2>
It is 0830 Saturday July 13, 2013. That is important because it is 30 minutes before the jury in the Zimmerman trial returns to the courthouse in Sanford. This could be a day that becomes historic in the modern annals of America. I want to write before the verdict is returned because it is important to me that there be no perception that a verdict had any impact on my thoughts and positions regarding this matter. At some time, I am sure, I will feel the necessity to record my ideas on what and why the whole Trayvon Martin/George Zimmerman incident occurred and escalated to this position of importance.<br />
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Many years ago our system of government was established with an eye to keeping a judiciary, and therefore the judicial system, separate from the other influences that government was subject to on a daily basis. Those brilliant thinkers could have never foreseen the impact of the modern media because it has gone well beyond the pamphleteers of their day. We suffer immediate and continuous inundation on every topic known to humanity while they often waited weeks, or even months, for news of the latest developments.<br />
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I spoke with a lawyer who I hold in high esteem, and who was part of the defense team that represented Casey Anthony, in court the other day. She was then, and now, not one to be drawn to the cameras like a moth to the flame of a candle and played the most important part in the acquittal of Ms. Anthony because she was the brains behind the jury selection and was responsible for the punishment portion of the case should it have come to that. Anyway, she opined that she didn't think it proper for lawyers to be commenting on trials in which they play no role. That is a position we share and I have offered many times. Her co-counsel though do not share her ethical approach to what lawyers are supposed to do. The exposure, or face time as they call it, on national television shows is more important than the oath we all took to be members of the bar.<br />
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The lawyers I mention first because without them the television networks would be without any "color commentators" ala Harry Caray, Vin Sculley or Brent Musberger. But, TV executives are just as culpable for this modern phenomenon, and, like the nattering nabobs, all in the quest for the almighty green American dollars. This has led to a bastardization of the process we call "criminal justice." The spin doctors are in control and if you don't believe it look back to the beginnings of this matter. I was aware of this incident from the first time it made the news in central Florida because my daughter was a student there, and probably unbeknownst to her, scoured the websites for the events surrounding her community just to assure myself of her relative safety. As a parent, a holder of a concealed weapons permit and a criminal defense lawyer I had a great deal of interest in this matter and the first time she mentioned it to me over the phone I had been fighting the urge to form my opinions and maintain an open mind.<br />
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The local officials were proceeding with the investigation in a professional and workmanlike manner that did not meet the needs of a society that feeds on immediacy. That caused alarms to go off for people who had no working knowledge of the criminal justice system and they decided they would go about directing the path this case should follow to meet their own desires. The pictures of Trayvon Martin went from the 17 y.o. young man to a 13, 14 or 15 year old kid. Information about his disappointing behaviors became as scarce as hen's teeth and the opposite became the case for George Zimmerman. The national news media leaped on board like it was the last life boat leaving the Titanic. The victim of this conscious decision to "direct" justice wasn't just Zimmerman it was our system and society as a whole.<br />
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Never having had to suffer through trying a TV case I have never been subject to the pressures of satisfying the public with my brilliance and cute sayings that make headlines. However, when the prosecution, knowing the cameras are rolling, refers to the poor 17 y.o. child like they have never prosecuted teens even younger for crimes more heinous it makes you retch. This is the same office that prosecuted a 12 y.o as an adult and was proud of it! Maybe that was truly a pursuit of justice but, if so, their presentation in this TV trial is a perversion of that same pursuit. Television effects many things in different ways - some positive some not!<br />
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There needs to be a revisiting of courtroom procedures and processes for trials that end up a modern day Roman Circus. Criminal trials should not be entertainment and they should not be commented on by lawyers with no skin in the game other than their TV exposure and whatever paycheck they get for their efforts.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-91689538352798421372013-06-13T16:32:00.001-07:002013-06-13T16:32:05.928-07:00¡Viva la Cuba, Nelson that is!
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<span style="mso-tab-count: 1;"> </span>I
have known Nelson Cuba professionally for a number of years.<span style="mso-spacerun: yes;"> </span>He has always proven to be straightforward,
ethical and dedicated to his assigned tasks.<span style="mso-spacerun: yes;">
</span>Furthermore, he has proven to be good at what he does since the
Fraternal Order of Police lodge has flourished under his leadership.</div>
<div class="MsoNormal" style="line-height: 150%;">
<span style="mso-tab-count: 1;"> </span>Can
he be abrasive?<span style="mso-spacerun: yes;"> </span>Name a successful person
who isn’t accused of that at some point in his or her career.<span style="mso-spacerun: yes;"> </span>Has he made mistakes?<span style="mso-spacerun: yes;"> </span>Nelson Cuba has never claimed to be
superhuman or perfect to my knowledge and I have never noticed holes in his
hands.<span style="mso-spacerun: yes;"> </span>Has he undertaken his assignment
with gusto and a liveliness previously unknown in Jacksonville?<span style="mso-spacerun: yes;"> </span>Absolutely!</div>
<div class="MsoNormal" style="line-height: 150%;">
<span style="mso-tab-count: 1;"> </span>Two
hundred plus years ago many patriots put their lives on the line so that we
would not be subject to convictions without meaningful trials.<span style="mso-spacerun: yes;"> </span>Is Nelson Cuba not eligible for those
protections because of who he is or what he does?<span style="mso-spacerun: yes;"> </span>It is easy to accuse someone of a crime,
charge them, arrest them and hold them up to public scrutiny.<span style="mso-spacerun: yes;"> </span>All of these things can be done without the
benefit of a trial by their peers and much harm is often suffered by the
individual who has been accused.</div>
<div class="MsoNormal" style="line-height: 150%;">
<span style="mso-tab-count: 1;"> </span>Only
when a jury of people from the community sit in a courtroom under the direction
of a Judge and hear evidence under the guidelines and rules promulgated by our
society can a decision be made about his guilt or innocence.<span style="mso-spacerun: yes;"> </span>Until then I suggest everyone sit back and
allow him his time in court.<span style="mso-spacerun: yes;"> </span>Nelson Cuba
has worked a career to provide everyone else that opportunity and he deserves
no less.<span style="mso-spacerun: yes;"> </span>The tragedy to me is, if and
when he is acquitted, will the bell tolling these allegations be “unrung,” will
the Press talk as loudly and often of his innocence?<span style="mso-spacerun: yes;"> </span>Time will tell!</div>
John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com13tag:blogger.com,1999:blog-1447965605793848996.post-47963693155406162032012-11-18T09:45:00.000-08:002012-11-18T09:45:39.335-08:00<i><b>Clydesdales and Downtown </b></i> <br />
<br />
The weather outside was frightful but discouraged no one! They were due at Central Park around 2 p.m. and by 1:30 people were already waiting. When the distributor's rep was at the corner of 11th and Atlantic the buzz was kind of low level and then the first truck came into sight around the bakery and Red Otter.<br />
<br />
They came, one after the other, and the three were absolutely amazing as they filled the small parking lot near the now removed log cabin VFW hall. The two with horses on one side of the parking lot and the one with the beer wagon along 11th Street. What a production!<br />
<br />
Four horses to each of the first two vans. They were impeccably clean and outfitted for the purpose like a submarine must be to house its crew. Not only are these horses special, they live like it and are certainly accustomed to it. The tack and hardware was kept in the same van as the wagon and in position in the parking lot before the first horse was removed. They came out one by one, wrapped in their customized traveling blankets, and were brushed and powdered and pampered as if they were ready to compete with the toddlers in tiaras. The Clydesdales are much better behaved though and obviously used to the individual attention lauded on them by their crew - at our house the dogs refer to us as staff when they think we aren't listening.<br />
<br />
What a crew too! They are well prepared and equipped to cover any necessity including the inevitable scooping that is necessary amongst livestock of any caliber, even these beauties. Hitched to the side of the semi-truck trailer combo for grooming some of the horses even lifted their hooves in anticipation of being brushed and powdered. Once harnessed and awaiting the remainder of the team they appeared as athletes loosening up for their expected exploits and performance. It may have started as a gimmick to surprise Mr. Busch but the Clydesdales have become an icon that can't be matched.<br />
<br />
The crowd gathered downtown and as the anticipated trek down Centre Street at 3 p.m. slid closer to 3:15 people were stepping into the street looking for the blue lights of the police cars leading the procession. As the first car neared Centre and 8th the crowd began to hum with joy as - pardon the cliche - children of all ages lit up the streets with their smiles. The horses were amazing!<br />
<br />
Driving an eight horse team is an overwhelming task anywhere I'm sure, but throw in the confines of downtown Fernandina with the cars and people everywhere and it was an accomplishment of herculean proportions. Once in position outside the Palace Saloon we were allowed almost arm's length access to the beauties. Eric, the driver who disembarked to deliver the fresh brewed beer to the Sheffields, was busily attending to his horses and answering questions from all comers. The time passed much too fast for all but the horses, and the crew too I'm sure. We made it back to Fourth and Centre in time to watch Eric at the reins negotiate the tight turn eastbound and could see the horses as they toyed with the load that had to be light to them as they clomped in unison heading back to their mobile stables and the ride back to Jacksonville's Equestrian Center.<br />
<br />
Our luck was the misfortune of Mayport NS who had a conflict and could not accommodate the opportunity of the Clydesdales. The reception that greeted them was probably unexpected with such short notice and lack of any long term publicity. Thanks to the distributor, North Florida Sales, for having the foresight to realize the potential for such a visit to our little Paradise by the sea. Holly Hajdu, the Marketing Manager for North Florida Sales, had the wherewithal to pursue the permits and ensure the success of the show in spite of the short time span to accomplish her goal. We should all be thankful for the Clydesdales' visit and the cooperation of the locals, including the city government at all levels, that ensured the success.<br />
<br />
What a show! What a team of horses! What a city!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-19173666553009370812012-10-02T05:00:00.004-07:002012-10-02T05:00:24.863-07:00<b><i>Observations on an October Morn'</i></b><br />
<br />
The morning "Charlie" walk serves to remind me of the beauty of our little community! The rain has cleaned the air, the sidewalks are rinsed almost as clean as the streets and the air is just a tinge cooler. What a beautiful way to start the day, especially after yesterday cooped up in the new courthouse in Jacksonville and fighting the rush hour traffic to get back to Paradise.<br />
<br />
Charter captains were prepping their boats for the anglers on the way. Most likely a trip to the jetties for some heavy pulling on the running bull reds. If the cloud cover is heavy enough even some after sun up top water action on the way past the fort. Don't get me wrong, chartering is hard hard work. But, what an office to work out of on a daily basis!<br />
<br />
The railroad tracks at Front and Centre are riddled with rotting cross ties. Why? Don't try and sell me that routine maintenance on those tracks is part of the Forward Fernandina financial debacle. First Coast Railroad or CSX needs to get off their glutes and replace them. NOW! Watch a young mother with an infant in a stroller try to get past the holes created by the rotten and broken timbers. Watch an elderly person with a walker negotiate the traps of a rail with no timber abutting it as they are supposed to be. Or, almost as bad, a relatively healthy and strong wheel chair bound citizen puzzled by how to get around the crevices yearning to be canyons. Those tracks have been unfriendly to anyone that isn't erect, walking on two feet and willing to adjust their steps to avoid the travails of the rails. Someone needs to get a grip on reality and fix them pronto.<br />
<br />
Work continues on the former Pompeo's restaurant. Even at the early hour of seven a.m.! Luca has suggested October 15 as the target date for opening. Two weeks is not a long time in the construction or restaurant businesses. It is a virtual eternity if you're starving for Italian food.<br />
<br />
The early morning paper had references to debate parties from St. Augustine to Fernandina. I have been tired of these debates since the 80's. They are simply orchestrated attempts by each camp to cast their candidate in the best light, no matter the truth of their performance or positions. We need someone who will get up their and give us the straight skinny, no balderdash and flash. Tell us the cold hard truth! Americans are a resourceful sort and have, in the past, overcome all types of adversity. We can, and will, again.<br />
<br />
The unfolding debacle at FSCJ grows more troublesome by the day. It was known as FJC when I attended. Its purpose was to serve a segment of the community that couldn't, for whatever reason, leave to one of the big schools. It had a reputation of being very community oriented and helpful to the student body. No one dreamed of $500,000.00 salaries, expense accounts, car allowances and travel expenditures. There was a simple purpose with a simple path to follow - good stewardship with education dollars to help further the communities skills, education and talents. Now it seems to be an open check book for a select few who have warmed up to the power that considers himself to be beyond question. I have met Gwen Yates, the incoming chair of the Board of Trustees and know her and her husband to be very community oriented. But, with sadness I have to say they all need to go. It sounds unduly harsh but this is the same board that just weeks before the scandal broke renewed the contract of an already overpaid and, apparently, pompous president. The Board, Wallace and other insiders need to go. As a great book has been often quoted, if its your hand that causes the problems, lop it off!<br />
<br />
Our community is a viable, living organism. It has to grow, change and prosper to survive. There area variety of functions within the community that have to co-exist for that to happen. City workers have to keep the downtown clean and attractive to attract the tourists that want to fish, eat in our restaurants, shop with our merchants and possibly even seek their higher education locally. We need to recognize these things, speak out to improve them and support the right kind of progress that respects the past, lives in the present and prepares for the future.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-71348631565258002342012-09-30T10:09:00.000-07:002012-09-30T10:09:06.269-07:00<i><b>Fernandina in the Fall</b></i><br />
<br />
<b> </b>Jimmy Buffett has a song, "The Weather is here, Wish you were Beautiful!" that describes fall along the Northeast Florida coast. Fernandina is at its finest, weatherwise. Tourists are in shorter supply than most other times of the year and that does not bode well for the local shopkeepers and restauranteurs. But, it is really great for the locals who have born the weight of traffic, lines and crowds around town.<br />
<i><b> </b></i><br />
<i><b> </b></i>What a weekend it has been though! Weather beyond expectations, especially following the short and weaker northeaster than was here just a week ago! Cooling down but certainly still warm by anyone's standards this side of Hades.<br />
<br />
Had the opportunity to attend the Mighty Fighting Pirates football game Friday night. They pulled off a wonderful victory against cross county rivals the Hilliard Flashes. Early going didn't look too well but Dale Burford called it with a "we'll wear 'em down" prediction that proved true by the second quarter. The coaching staff put together by Travis Hodge is performing well above most people's hopes so soon into his tenure. They have put together a team of young men who have bought into the hard work pays off approach to football which will carry over into life in general for most of them. The team is made up of seniors down to freshmen which bodes well for the future. The Pirates have come a long long way since the downsizing of the school as a whole, and the sports programs specifically, since the opening of Yulee High School. They are certainly much leaner than the old days but are up and coming as a team and program.<br />
<br />
The marching band is still a wonder to observe! Johnny Robinson is living proof that hard work and dedication can produce amazing results. I am in a state of awe every time I contemplate the number of young people he has touched through his distinguished career at FBHS. The dedication of the students is equaled only by their parents that are the backbone of the program. <br />
<br />
Friday evening was followed by a wonderful early morning excursion to the new and improved Farmer's Market. "Who'd a thunk it?" It has grown by leaps and bounds and continues to improve weekly! Makes you wonder how good the old one could have been had its leadership had a little more open minded approach and foresight. The City Commission and Mr. Gerrity are to be commended in their quick response to the treasonous abandonment of the old group and implementation of the new and improved version. There are vendors comparable to what we have only seen at markets in much larger communities and the crowd seemed to grow as the day got older. I hope there is a quid pro quo for the vendors and shoppers. We certainly got our benefits from our visit and have to believe the whole thing will only grow stronger and prosper for our community as a whole.<br />
<br />
Having spent time in larger places I am troubled though by the lack of numbers that do support such programs. Small town life is about pleasantries and benefits of enjoying your neighbors - both close by and across town. The high school activities and events offer an excellent opportunity to show our younger citizens that we care about them and their future is the ultimate quest of our community. You would be surprised who you can run into at the games, and at the Farmer's Market also.<br />
<br />
What a beautiful place we call home! Get out and mingle. Participate in some of these events that you have long ago abandoned. The faculty, band leaders, coaching staff, parents and, especially, the young participants all appreciate your presence.<br />
<br />
You have a chance to be "community" by going out for a couple of hours. Pair the evening with an early dinner at one of the many restaurants and a ball game. Or a Saturday morning with breakfast or lunch and the Farmer's Market. Walk downtown, or the beach, and mix in some exercise with our beautiful little Eden of the First Coast. You will be surprised at how much richer your life is with just a little participation in these "hometown" activities. That is what Smalltown, America is all about!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-38926973377140920592012-09-12T06:18:00.000-07:002012-09-12T06:18:59.843-07:00<i><b>Farmer's Market Fireworks</b></i><br />
<br />
<i><b> </b></i>There have been multiple letters to the editor of the <u>News-Leader</u> regarding the departure, growth, needs of the old Fernandina Farmer's Market that began in Central Park and moved downtown to the unit block of North 7th Street. First and foremost, a Farmer's Market is a plus and a community enhancer. It brings people together, out of their cars, homes and shells, and they interact. That is a great gain for all of us. Kudos to the City Commission and Mr. Gerrity for making the interim market happen last weekend! I was unable to attend due to family obligations but am looking forward to this Saturday with anticipation.<br />
<i><b> </b></i><br />
<i><b> </b></i>Second, the manner in which the market was moved to the Plantation was shady at best and smells like a heap of rotting fish truthfully. Failure to communicate with the City about the permits for operation appears intentional whilst planning was going on to kowtow to the Omni hierarchy for someone's benefit other than the citizens of Fernandina who were responsible for the success of the market. The fact that a press release pre-dated notice to the City that the market was gone as of the following Saturday - that's right, no advance notice to the governmental entity that helped it prosper - speaks volumes about the intent and interests of its leaders. Letters to the Editor of the paper indicating anything to the contrary are merely revisionist history and probably authored by someone with close connection to its operators or at least unwilling to see the truth.<br />
<br />
Is a move necessary? Possibly! Anything that would enhance the future market will be good for all of us. The waterfront? I don't think so because of the possible conflicts with boats, the boat ramp, trailer parking and the like. Near the waterfront? Absolutely!<br />
<br />
As opposed as I usually am to committees I think the commission should appoint a select committee with a limited lifespan and specific duties regarding a new farmer's market operation within the city. Representatives should include the historic district, the remainder of the city, downtown business members, a city official and probably either law enforcement or fire and rescue or both. Recommendations should be returned by a date specific to Mr. Gerrity who could then present the options to the commission as a whole and guidelines could be set in place to more effectively operate a market that benefits the city as a whole and not just some self serving strong arm who does things at his or her whim.<br />
<br />
A committee such as that with a deadline of mid-January would allow for a fresh start - forgive the pun - next spring and allow us to flourish as we progress through the growing season for local, or near local, vegetables and fruits along with the other items that have become commonplace among the Farmer's Markets across the south.<br />
<br />
Fernandina is a beautiful community! There are more pluses than minuses and if you eliminate the differences over political approaches to government it is the true gem of the southeast coast. We aren't as big as Savannah or St. Augustine. Not as touristy as Daytona or Myrtle Beach. Prettier than all of them in our natural resources. The benefits of various points of view can me melded into a great future for our little town. Some of the ideas already being espoused are excellent and show a deference to the existing businesses with brick and mortar commitments and an intent to improve the offerings of a market to include other local artisans on occasion. It does not need to become a flea market, as Commissioner Bunch opined, but it could include a periodic art element along with other contributions that lead to its vitality.<br />
<br />
Every cloud may not have a silver lining but this one sure appears to for all of us. We got lemons so lets make lemonade!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-58583995735977021692012-08-26T13:07:00.000-07:002012-08-26T13:07:19.674-07:00<i>Fiscal Responsibility - Finally!</i><br />
<br />
<i> </i>Two City Commissioners - Pelican and Corbett - have consistently been against the keeping and expenditure of the borrowed $1.8 million that was tied to Forward Fernandina and the optional projects that are the hangover of the Czymbor era. The "cheap" money, as Bunch, Filkoff and the Great Hoohaa Poynter referred to it, is now showing its true colors.<br />
<br />
A significant increase in the electrical franchise fees was necessary in the coming year to carry the debt load associated with the loan they secured. There is little or no money left in the depleted special taxing district called downtown. No monies yet from the gas line that FPU is in the process of completing to contribute to meeting the debt load. And now because the Great Hoohaa is facing an election challenge, he has abandoned the program that he not only embraced but excitedly expounded by voting against the increased franchise fees.<br />
<br />
The Great Hoohaa has been a force behind the unbalanced budget for the last three years when our reserves were spent to fund his, and Czymbor's, favorite projects. All of a sudden, when someone who is a true fiscal conservative steps forward to challenge him, he doesn't like a budget that raises taxes and requires more from each electrical user to pay for his special projects. He just isn't a pay as you go type of guy! Of course there are those out there that are in lockstep with him that point to this as his desire to do the right thing. Balderdash! He's trying to save his commission seat in the face of the realities he created.<br />
<br />
Now the City is in a quandary over what to do! Poor Mayor Filkoff. She doesn't understand the problems she has been part and parcel of and was in a "twiddle her thumbs" mode following the still sensible positions of Pelican and Corbett. What is one to do?<br />
<br />
It is very simple, fiscally sound and would change the course of city government over the next twelve months. Give the unspent balance back to the bank and pay for what we have used so far. Not rocket science by any means but a straight forward way to run our government in a manner that is financially responsible.<br />
<br />
The buffoons that write for the <u>Fernandina Observer</u> try and paint this as a flip flop on the parts of Pelican and Corbett but they are so encumbered by their special interest agenda they are engaging in the Orwellian double speak they have become known for using. The Great Hoohaa had the first vote regarding raising franchise fees to pay for his pet projects and he voted a resounding NO! The die had been cast and he was upside down with all of his old cronies because Pelican and Corbett held true to their own souls and voted against funding the debt they believe is unnecessary. Thank God for common sense!<br />
<br />
The budget issues will continue to face the City Commission until he either retracts his vote and steps forward to keep spending money like the drunken sailor contingency Czymbor brought to our little hamlet or the borrowed money is returned to the bank. Let's hope it is the latter!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-25297554146963585112012-08-26T04:50:00.001-07:002012-08-26T04:50:09.782-07:00<i>First Rule of Nature </i><br />
<br />
The end of August approaches, the summer tourists have begun to slack off and the weather has an appreciable change - only a degree or two, but appreciable all the same. Isaac is somewhere in the vicinity of Castro and drawing a bead on Key West. The supposed destination around Mobile with possibilities still so far up in the air the hurricane hunters are still flying routinely.<br />
<br />
Weather is a constant fascination for me. I love to watch it, check the changes, the progressions and the similarities as I add years to my experience. Having lived my entire life in the South, all but ten years in Northeast Florida, I have watched with undivided interest the numerous storms that have threatened the peninsula I call home. Fortunately, as I learned from George Davis shortly after locating in Fernandina, we are the westernmost point on the east coast of North America. Some will think "why would such an idle piece of knowledge be of any interest?" The answer is simple - hurricanes.<br />
<br />
Look at a map of the east coast. We stick in somewhere underneath Cincinnati, or thereabouts, while North Carolina's east coast is out there with the Canadian Maritime Provinces. Good for us usually! But this year has been different. We had tropical storms well before the official season. The winter was a warm one after two successive very cold ones. And, so far, very few storms at this time of the season. Will the season intensify? Will we get the projected number of storms? Only Mother nature knows for sure. But if nothing else comes of this it reminds me of the first rule of nature - nature wins!<br />
<br />
We live on a barrier island and not a very big one at that. By their very nature barrier islands are living, shifting things that won't be the same next week as they are this week or were last week. All the man made adjustments, the preventatives and preparations are all for naught. The ocean and winds and tides and rivers and rain and heat will do with this place as they see fit. Sometimes in conjunction with each other and sometimes alone. But, always as nature deems fit!<br />
<br />
Prepare for the worst, hope for the best and keep a keen eye on the weather websites. <br />
Everyone has their favorites and the meteorologists they respect. But, whatever you do, keep an eye out for the coming changes. The next couple of days will mean constant fluctuation and varying levels of potential danger. So just mind your p's and q's, watch the weather and be ready to run.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-89423317857702884552012-08-13T17:38:00.002-07:002012-08-13T17:38:31.184-07:00<b><i>The Light at the End of the Tunnel</i></b><br />
<br />
Oh say can you see..., forgive me Frances Scot Key, the end of the Weinstein/Bean race to the bottom of the barrel of politics. If for no other reason I am glad August 14th will be here manana because there will be a lull in the negativism that politics has become. Every conversation I have had in the last three weeks that even skirted around politics has at least included a discussion on the terrible ads run by and for both campaigns. One astute friend who knows them both said it was evident that they would never serve the people of NE Florida if elected. It was clear to him they would be beholden to the political entities that put up the millions of dollars to get them in place for the respective bids for the Senate presidency.<br />
<br />
Shame on all of them for their purely self interested approach to governance and service! And to hell with anyone who says I am simply naive for thinking so and childish for saying it. What is the end goal here? The betterment of Florida? I would dare say not! This is simply egotistical posturing for the selfish poppinjays that have become politicians in our fair state.<br />
<br />
Then, on top of that, I heard that the Janet Adkins campaign went after Cord Byrd with allegations he was gay! No, wait! It'll never stick, he's married. Damn, what do we do now? I know, suggest someone on his campaign staff is gay. Really? Is this what it has come down to in the NE Florida of 2012? This is the primary campaign and it is already this bad. What have we become? We want to serve the public so bad that we will belittle mankind for the privilege of getting to the top. If this is indicative of what it takes to get to the top there must be something much better up there than what is let on by those already in Tallahassee. Is membership in this privileged club so rewarding that you sacrifice all to get there? Maybe, those vying to get there had nothing to sacrifice in the first place. You know - morals, ethics, integrity!<br />
<br />
The ends do not justify the means! Not in a world based on thousands of years of Judeo-Christian philosophy and teachings. These charlatans who proclaim their Christianity from one face while the other one, or in some cases one of their others, is doing all those things anti-Christian with their next breath. Do they not realize there is a reckoning day - I call it a come to Jesus day - that we all face as we leave this life? There is more to be lost than some local political race and it is their eternal souls. For those who don't understand eternity it means forever, damn it!<br />
<br />
I hope there is voter turnout of an unprecedented level tomorrow! Let these buffoons know they are being watched. There are consequences for their actions and the voters are the ones who will permanently tattoo those consequences on their behinds. We need good people who are going into public service with an emphasis on service to the public not their bank accounts and self interests. <br />
<br />
Vote!<br />
<br />
Do your civic duty and let the fools know there are people who care! Be the good Samaritan not the high priest who walked by because he couldn't get his hands soiled.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-72367042832751444882012-08-03T18:20:00.000-07:002012-08-03T18:20:17.280-07:00<b><i>"We are the people our parents warned us about!"</i></b><br />
<b><i> </i></b><br />
What have we become? I know Florida is a keystone state for the Presidential election and recent history, the last twenty years or so, have meant presidential politics is negative politics. But why the local races?<br />
<br />
The worst by far is the State Senate race between Aaron Bean, the local boy made good, versus Mike Weinstein. I have known both for more years than any of us would care to admit. Away from political races they are both nice guys, people you would not mind spending time with at a party, barbecue or special event. Watching their ads on TV turns my stomach though! I don't want either of them representing me in Tallahassee if this is the way they have to get the job. If even half of the ads are true neither should be allowed to hold office and both should probably be investigated for the allegations that are being made against them.<br />
<br />
Other local races are equally troublesome. The judicial race for Judge Brian Davis' seat. Truly a gentleman, scholar and well qualified member of the judiciary. However, the audacity of seeking a federal appointment, for which he is well qualified, has opened him to an attack of epic proportions. Three or four lawyers are running against him and, but for the federal issue, would never consider taking him on in an election.<br />
<br />
County Commission candidates. Come on, where is the necessity to stoop to low bred behavior to serve on our commission? Ronnie Stoots, a relative newcomer with enough of a traveling history that he should be banned from calling himself a resident of any community, conveniently prints signs that show him as a County Commissioner and not a candidate for that office. Seems trivial but it is against Florida law and it is misleading and it is deceptive at a level that smells. The handwritten "for", so small and in such thin pen strokes that it is not visible from the roadway is more of a joke than his claim to being a spokesman for the taxpayers. A search of the property appraiser's website shows no properties owned by anyone named Stoots in Nassau County. There was a time that people had to be landholders to vote. They should at least be required to tell the truth about their tax paying status to run for office. But, Mr. Stoots has affiliated himself with a group in Nassau County that doesn't adhere to standards of common ethics or decency. That is a shame! It speaks volumes about him and the kind of person he is and representative he would be.<br />
<br />
Jimmy Buffett had a song about being the people our parents warned us about. If the behavior of people seeking office in Northeast Florida is a reflection of us it seems we have become those we didn't want to be.<br />
<br />
I long ago left the political parties because I was appalled at the behavior they not only tolerated it seemed to me they encouraged it. If all politics is indeed local then it is a terrible thing to peer into the mirror politics offers of us as a community. Someone needs to tell these people that scurrilous behavior is not going to be tolerated. The best way to do that is vote on Tuesday, August 14 and let everyone know that their course of action is not worthy of our trust.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-90766203008785135232012-07-27T18:20:00.000-07:002012-07-27T18:20:14.152-07:00<i><b>Send in The Clowns...</b></i><br />
<br />
<i><b> </b></i> Fernandina Beach has been blessed by many different resources. We have the historic district full of old homes and old stores and warehouses. We have the rivers and marshes and, of course, the beach. We have public pools, tennis courts, a golf course and a city owned marina. It is a virtual empty canvas, small town America at its finest, a place where you can paint your life's dreams. More importantly we have wonderful residents who, in their diversity, make this a place just about anyone could live.<br />
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But, that could also be part of the problem. People move here and decide they need to fill in that canvas for all of us but not with their pocket book. What attracted them isn't good enough after a few months or maybe a year. We can do this better, or "the best way is this!" they tell you. I always tell friends who buy new homes and want to immediately renovate they should wait a year or two and live in the house and with the house before they make major changes. A new hometown should probably be even longer. Cycles of a community aren't just four seasons there is much more.<br />
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We have had more than our fair share of newcomers whose two cents towards improvements have cost us as a community. Not just monetarily, which they certainly have, but in camaraderie and neighborliness. The Independence Day celebration where a city commissioner had to brag about his donation after the public reaction was wholly negative towards him. How divisive he turned out to be! How interesting that Sammy Alvarez, a hometown boy who went off and came back after a military stint was finally outed as a Green Beret, the elitest of the U.S. Army. "Who'd a thunk it?" was repeated many times after his letter railed against the Great Hooha. <br />
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How about the $44,000.00 in "uplights" that didn't. They didn't "uplight" at all! "What happened?" everyone wanted to know. Well, another case of someone who had a brighter idea, pun intended. A city employee certainly outside her field of expertise that let downtown deteriorate and decided that it would be easier to remove the tree lights and reward a specific company by writing the request for a product for their benefit. Made her life easier, to hell with the appearance of our beautiful historic downtown.<br />
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Parking meters! Again, and again and again ad nauseam. They were done away with decades ago because they weren't good for the community. But no, we can spend thousands and thousands of dollars to buy these things, administer them and repair them in hopes of generating a few dollars. All while our city's budget is swollen beyond its seams and ready to burst ala California.<br />
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Two rec centers! "Too many" if you're the Great Hooha and have no respect for our community's history. Sometimes there are deeper currents than a few dollars that don't regenerate themselves. For instance, does the police department pay for itself in dollars into the city coffers? I would bet its not even close but who thinks you do away with police protection. Same with the Fire and Rescue! Those are people who help make our city what it is but we need to pay for them. Programs for children are in the same group. May not pay for themselves in dollars but the community benefits far exceed the dollars spent.<br />
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No, our leadership for years has been of the opposite school of thought, Ignore what makes this good for the people and that we can afford. Spend money on other things! McGill Aviation for instance! And don't forget their lawyers, almost a million dollars later. Our City Attorney assured us we would prevail on appeal, it was money well spent. What she meant to say was that in her opinion it was "our money" well spent. What agreement did she have to share in the loss? Pay half of the additional costs in interest, transcript costs and attorney's fees. I bet not! She won't lose a dime for her "leadership" on this issue.<br />
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How about the money we're spending on Forward Fernandina. Bursting budget, rising taxes, increased user fees and, I'm willing to bet, another increase in the taxes we call franchise fees to pay for all of this. "Hey money is cheap," they tell us. Of course that was the prevailing opinion in California also - four towns in bankruptcy and the whole state government one foot in the same hole and the other on a pile of banana peels. Don't worry left coasters, Fernandina is following in your footsteps.<br />
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How about our recent interim city manager. The one we paid an additional month's salary because his contract for a temporary job - isn't that what interim is supposed to be - included a thirty day notice clause. It was only seven or eight thousand dollars you will be told. Yeah, that's right, but it was our seven or eight thousand dollars. Not a stewardly way to spend tax dollars!<br />
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I am certain Frank Sinatra is delighted with government in Fernandina. If he had it to do all over again he would certainly live here where our city anthem has to be one of his old hits, <u>Send in the Clowns</u>. How else do we attract them all? Zoul and Czymbor are only two examples there have been others. Lawyers, engineers, building officials are all part of the parade. We need to change this pattern and return to a simpler, sounder and safer way of governing.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-17288567686200873182012-07-21T15:57:00.000-07:002012-07-21T15:57:07.234-07:00<b><i>The Gift...</i></b><br />
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The gift that keeps on giving! No, its not learning how to read, or fish or tend a garden. Those are all gifts we should be thankful for. Ones that good people took their time to make sure we got. Whether it was that first grade teacher, or our dad or grandmother or that sweet neighbor that spent time with you when she knew you were on your mom's last nerve.<br />
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No, the gift I'm talking about is that one we Fernandinans got from Michigan - Michael Czymbor! He led our community down the primrose path and we now stand at a Grand Canyon sized dilemma called financial ruin. He robbed Peter to pay Paul. He treated our utilities like a never ending bank account and had the ability to do so because the "Five Buffoons" took his balderdash hook, line and sinker.<br />
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I remember the day then Mayor Susan Steeger tried explaining the proposed budget with a line item showing $500,000.00 from parking generated fees. "Ya'll don't understand, budgets are fluid," she told a friend and me. Fluid certainly, the kind that is flushable because that is exactly what the situation was worth. Czymbor sold the greatest commission of all time on that approach and it didn't matter that the $500,000 was never going to come about, for purposes of selling the public on his abilities it showed a balance sheet in agreement. Like the emperor with no clothes though, it all fell apart. Thank God!<br />
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Citizens finally had enough last November and threw two of the bums out. That was enough to re-gift our great leader and send him on to Palatka. Putnam County beware! Caveat emptor! Czymbor is on the loose and your bank accounts are in danger. We found that out here in our little outpost on the edge of the continent.<br />
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How does a City Manager hide a $429,000.00 obligation from the board he serves at the pleasure of. How does a board continue to show their face when they allowed it to happen. It is at the very least misfeasance but quite possibly malfeasance! A breach of their fiduciary duty to this community, their constituents. Those they were elected to serve have instead been served up whole hog style, apple in the mouth and roasted to a crisp.<br />
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I feel like a four year old on a family road trip. "How long before November mommy?" is the question I keep asking though. The three remaining commissioners, in good faith, should each resign with this kind of Damoclean sword hanging over our collective heads.<br />
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John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-31112499840848739912012-07-19T16:28:00.000-07:002012-07-19T16:28:08.397-07:00<i><b>TV Interviews</b></i><br />
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<i><b> </b></i>Last night was a particularly troublesome night for me. It was the night before a jury trial which is usually a night with little sleep, a lot of work and even more stress. What made it worse is that two particular TV interviewers that I don't particularly care for had guests on that I had to see - at the same time.<br />
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Piers Morgan, the Brit wannabe Larry King, had Justice Antonin Scalia and some professor who co-wrote a book. I more often than not disagree with Scalia, his way of thinking and, more so, his way of writing decisions. But, I'll be damned if he's not a great guy and someone I would love to spend time with away from a courthouse. He is a classic of his generation of Italian male Roman Catholics. Justice Scalia is funny, intelligent, well spoken and definitive in his positions. If you don't know where he stands its simply because you choose not to know.<br />
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Sean Hannity, on his Fox News show, had George Zimmerman and Mark O'Mara. I have to admit my first thoughts on hearing that were why any criminal defense lawyer would let his client go on national television and be subjected to questioning. Others I know wonder why the Judge hasn't issued a gag order? Well, color me surprised! GZ not only handled himself well he answered questions appropriately, made eye contact and was seemingly thoughtful at the right times as the interview progressed.<br />
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Being a near troglodyte when it comes to electronics I couldn't record either of them and had to count on the fact that each would be replayed during the wee hours when I knew I would still be awake and working. I guess it was a rather lucky break. I got to see both! Enjoyed them both immensely for entirely different reasons and was impressed that there was something worth watching on weeknight television.<br />
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GZ's disposition last night will serve him well if he has to take the stand in a second degree murder trial. He did well! O'Mara was there to divert areas of conversation that were potential minefields such as the perjury charge against his wife and to touch on some legal issues that Hannity raised. I do realize if there is a potentially sympathetic audience it would be Fox News and their usually conservative leaning watchers. But, all the same, GZ did what he needed to do and did it well.<br />
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What a great night for TV. Too bad it isn't being replayed tonight I 'd watch again!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-63006836889887868482012-07-17T18:00:00.000-07:002012-07-17T18:00:03.226-07:00<b><i>The Rush Is On...</i></b><br />
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The allegations are out! Now George Zimmerman has gone from racist murderer to sexual abuser. "I always wanted to keep it quiet..."<br />
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Let's suppose what GZ's cousin is saying is wholly true, every sordid bit of it. Why now? Piling on, they call it in football. It's illegal in football and should be in life as a whole. If the young lady wanted to keep it private then she should have done so. No public accusations until there is a news level she never dreamed of in her life. Why would you do it? Bring yourself under the scrutiny of the world press in a matter that is of no relation. Is it her fifteen minutes of fame? Some would say it must be true or she wouldn't have made herself a public figure and expose herself to the probably unending attention of anyone and everyone who has already made up their mind about the guilt of GZ.<br />
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But, that willingness to come forward may carry some credibility with it when you do it for the purely simple purpose of exposing an abuser. Once that person achieves some level of fame or infamy your reasons are now questionable. I have told many people that if you dreamed something as a ten year old and told your best friend there are prosecutors out there who will try to indict you for a conspiracy. Watch the reaction now! Is this a prior bad act that will subject GZ to impeachment if he testifies? There is already talk about this showing his true character. Balderdash! There is no talk out there in the community of him being an abuser. No one else has said this openly. But watch what happens, the fruitcakes will be espousing every imaginable accusation about him. The bugs will be coming out from the woodwork because they can.<br />
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Look at it for GZ. How does one disprove a negative? No one has said anything about this in his entire adult life. He has gone about life, married, enrolled in school got jobs all without this issue ever raising its ugly head. Now, out of nowhere he is blindsided by a hit and run driver who he can not defend himself against. If he stands up and calls her out the reaction is "methinks thou dost protest too much!" If GZ sits by in hopes that it dies a quiet death "he knows its true or he'd do something about it" is the argument. A true Catch 22!<br />
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This is a case that should be decided on the facts alone. Nothing else! Not all the talking head lawyers who offer their opinions on a situation of which they have little or no inside knowledge. Not the lawyers for the dead young man's family - they have a monied interest in this matter - they are advocates and their position has a slant to it that they are pursuing for their clients. Not the rabble rousers who have come in seeking their few minutes of fame on the back of the deceased young man's corpse - both sides by the way. Not the idiots that post on all the newspaper websites with their racist views, illogical rants and half baked legal theories unsupported by the law - again both sides.<br />
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Criminal trial as sport has risen to a level of distaste that impacts the finest criminal justice system known to humanity. OJ made it a daily drama and it has now sunk to new lows. Cases that would have suffered the fate of all non-celebrity matters are pushed to the forefront of each news cycle. Why? Simple answer - green American dollars! Hype sells. Sordid hype sells big!<br />
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The NFL in its earliest days had professional football players who held second jobs during the off season. Who can forget Bart Starr and his Cadillac dealership. There were many others also. Now, criminal trial lawyers - defense and prosecution - will be attending acting classes along with marketing 101 and hiring clothing consultants and getting the $400 John Edwards haircuts. Book agents and ghost writers will be next! We were once a simple group, close when necessary, solitary ships most of the time. Like the NFL of old, we were regular Joes and Janes going about our life, unrecognized by most of society. Not any more!<br />
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Did anyone learn from the Casey Anthony trial? The world was convinced she would be found guilty and die in jail. Her peers decided otherwise and there was an uproar because the rush to judgment had been ignored by jurors who didn't do what the people wanted. I guess what it amounts to is a modern high tech, instantaneous information lynch mob. We've made up our mind now find a way to justify it.<br />
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That isn't justice and it isn't the American Way. Let justice be done! Everyone shut up, sit back and let the criminal justice system funnel this case through the process. Like sausage being made it may not be pretty, but what comes out is pretty darn tasty most of the time.John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-57543542792751391052012-07-13T18:30:00.000-07:002012-07-13T18:30:37.573-07:00<i><b>If you Can't Afford To Live Here..</b><b>.</b></i><br />
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<i><b> </b> </i>Can Fernandina afford to limit services for our youth?<i> </i>The biggest criticism I have heard about our town in my 20 plus years here has been the lack of entertainment opportunities for our youth. I guess it doesn't matter if you're the Great Hooha. He's got his, tough luck kids!<br />
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The Great Hooha - Tim Poynter for those who don't know of his lack of concern for our traditions, being from Cincinnati or some other such God forsaken place - wants to know what we can afford. Well, the first answer that flies to my mind is if all the business people, especially those holding public office, acted as the stewards of the community they are supposed to be we would be able to do a lot more for those who need it. Other restaurateurs are told $550.00 per seat but the Great Hooha pays none. When you're counting your nickles and dimes $30,000.00 is a lot of money. When you have to beg money from the citizenry to honor our traditions, our veterans and our forefathers it is even more money. The Great Hooha himself bragged about his "early" donation of $1,000.00!<br />
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I call balderdash on his homunculus self! I say the Great Hooha made a three per cent (3%) investment of what he owed the city in hopes that no one would know of his scheme to avoid impact fees. <br />
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I call double balderdash on the idea that we cut money by cutting programs from children but we continue to mortgage and spend in the wake of the financial woes that have beset us. Three California towns have filed bankruptcy recently, but only two because of overspending and declining revenues. Lucky for us! The third one filed because of an airport lawsuit... Oh hell, what do we do now? We have a lawsuit over our airport we've lost at every turn and continue to spend good money after bad trying to get it back. Gamblers call that doubling down. I hope voters will call it irresponsible actions by commissioners and city lawyers!<br />
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Reading the reputedly responsible views of the <u>Fernandina Observer</u> I learned that franchise fees are different than the taxes the commission is talking about raising. Triple balderdash it is! We pay money to an independent - wink, wink - company who our government gives an exclusive franchise to operate within our city limits. They in turn give that money to the city for the privilege of operating within the city. By any other name that is a tax! Yes it is a tax collected by a middleman who probably gets to keep a few cents per hundred to add to their burgeoning bottom line but city government is taking our hard earned money in the guise of a franchise fee. I thought the franchisee paid the fee to the franchisor. We are the city of Fernandina and yet our elected leaders are tapping us like a bottomless well.<br />
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Sorry, I digress. We are using franchise fees to pay for Forward Fernandina so that is okay in the Great Hooha's way of looking at things. It isn't raising taxes to pay for this program its raising franchise fees. As he told us some time ago, speaking from the mount to us peons below, "if we can't afford to live here leave!" I guess we could apply that to the increased franchise fees and if you can't afford them just disconnect the electricity. After all refrigeration, lights, air conditioning and the other modern conveniences are not all that important.<br />
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What is important? Simple question and a sensible one too. Downtown! That's what is important. The trouble is all you people who don't have businesses downtown, or live down here need to realize its your obligation to pony up to make sure we stay on top down here. You peons be damned! Think about it, not just oh gee whiz we've been talking about this for so long, etc, etc, etc. Forward Fernandina, what does it do for your neighborhood? The franchise fees, what are they going to do for your neighborhood? Does the waterfront come alive off Atlantic, or off Citrona or even Jasmine? Does a library that is the responsibility of the county really have to be downtown? Does it have to be downtown at the expense of $50 for every man, woman and child in Fernandina? And, on top of it, since we are borrowing that $50 we have to pay interest on it too! That is not responsible government!<br />
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Now is the time for all good people to come to the aid of their community! Step back Great Hooha because you have proven you aren't good and this isn't a community you belong to, you see it as your servants. Your affection for Forward Fernandina is almost incestuous! It makes me wonder if the first word is really Forward and not another f-word. From you, I wouldn't doubt it for a minute.<br />
<br />John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-28815469609650466862012-07-07T08:17:00.002-07:002012-07-07T08:17:44.271-07:00<i><b>The Right to Remain Silent</b></i><br />
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<i><b> </b></i>Comedian Ron White tells stories of his apparently checkered past and relates events where he had the right to remain silent but not the ability! That failure to exercise your rights can be more harmful than most realize. I cannot tell you about the number of video tapes I have seen of suspects in custody, handcuffed in the back of a patrol car, who share information that they would never want to be heard by anyone else, especially law enforcement.<br />
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The proceeds of a robbery safely hidden or disposed of to never be found again, but for the foolish loose lip syndrome that infects people when confronted by law enforcement.<i><b> </b></i>Drugs hidden in a place they would never be found, even with the help of a dog, given up by the back seat discussion of co-defendants in custody.<br />
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There is no constitutionally protected right to privacy in a public place or the backseat of a patrol car. I don't care what you saw on TV. It doesn't matter what Judge Judy said! You have no expectation of privacy in places other than your home or other such protected locations. Digging a shallow grave in your backyard in full view of your neighbors is not protected behavior!<br />
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Talking on the telephone from a jail cell is not the place to invoke a poorly created code to cover some nefarious action you wish to discuss. With modern equipment and digital recording there is very little you can do that won't come back to haunt you. Have you ever looked at the light posts in shopping mall parking lots. Yes those are cameras on top and yes they can take videos of you on their property without your permission. Yes it is dumb to drive the stolen vehicle to a mall and enter a store using the credit cards you found inside. <br />
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I am not attempting to counsel people on committing crimes but I am telling you your actions, your speech and your behavior can carry consequences that you don't anticipate. The reason there are criminal defense lawyers is that law enforcement can take innocent intentions, words or actions and view them in a way that you end up in custody. When that happens people are often astonished! How could they arrest me? It happens routinely across our great country and innocent people end up in a system they don't understand expending their resources, or those of their families, getting out of the hot water they so casually stepped in without thinking.<br />
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FACDL has a T-shirt I wear frequently that provokes comments. The front says - "You have the right to remain silent...!" The back finishes with - "Now use it!"<br />
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Don't think for a minute that is insignificant advice. Look at George Zimmerman and his actions in the days after the unfortunate death of Trayvon Martin. He was a good law abiding citizen. Had nothing to hide! Wanted to cooperate with the police. If I asked for a lawyer they would think I was guilty! They said I probably didn't need a lawyer it was just a few questions! I have heard them all from all kinds of people that have wandered into my office because they are either under investigation or have already been arrested.<br />
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It starts out quite simple, "you wouldn't mind explaining to us how it went down would you?" Having nothing to hide people voluntarily comply. Now, no one thinks that the situation they are describing was emotionally charged, happened so fast and has been replayed in their mind so many times that it is no longer a picture perfect rendition of the events. Then the questions start that pick your story apart and you change a word or two, where you were standing or how something might have actually happened instead. Soon thereafter you hear "please put your hands behind your back and turn around." Next its handcuffs snapping shut! Eventually cell doors!<br />
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Our Constitution is there for a reason and it serves purposes for all of us. When you fail to avail yourself of its protections you can end up in hot water and, even worse, sometimes jail or prison. Just think about the number of times you see law enforcement officers facing charges. Who is always next to them? They will "lawyer up" in a New York minute and zip their lips with alarming speed. I will bet you George Zimmerman wishes he had done the same. You should!<br />
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John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-66161673486241735252012-07-07T07:43:00.000-07:002012-07-07T07:43:00.180-07:00<i><b>Life's Lessons</b></i><br />
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When in the course of human events it becomes necessary for people to learn the hard lessons of life it can be painful to watch. As a criminal defense lawyer it is often made more painful by the repercussions individuals suffer for their actions that they never contemplated. It is not unusual for people conferring with their defense lawyer, for the first time at least, to be reticent in their recitation of events that have led them to seek counsel.<br />
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I tell people there are two different kinds of lies - commission and omission. Willfully misleading is a lie of commission - for an example consult the news about Mrs. Zimmerman and her pending perjury charges. Failing to disclose is a lie of omission - Mr. Zimmerman's testimony in the first bond hearing that failed to correct his wife's lie of commission. Both are lies and both have consequences!<br />
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The difference of an additional month in jail plus an increase in bond amount of $850,000.00 is a large consequence by anyone's standards. Further, Judge Lester's ruling suggested the Zimmermans had misled Mark O'Mara, one of the defense lawyers who has been there for them. I tell clients if they lie to me and I make a representation based on their falsehood I will look like a fool for a few minutes and they will most likely end up in jail. Now, I have the Zimmermans to use as an example of that very premise.<br />
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The moral of the story is don't lie! Don't color the truth or ignore someone else who has misled when you have the opportunity to set the record straight. The failure to do the right thing at the right time for the right reason can bring you harm.<br />John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-72425513009734278342012-07-02T10:52:00.001-07:002012-07-02T10:52:22.002-07:00<i><b>Politics At Its Worst</b></i><br />
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A few years ago I read a quote about Congress that was not attributed to anyone in particular but it described our current political status better than anything I've heard or read -"The problem with Washington is we have too many Democrats and too many Republicans and not enough Americans." That pretty much sums up the story. The obstructionism in Washington is unparalleled in history. There is no interest in doing the business of the people for the best interests of the people it is all about achieving whatever goal the leaders have set.<br />
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One should wonder why independent minded men and women who were strong enough to get elected to Congress would worry about the thoughts of their peers on what they are doing. Simple! Money. The root of all evil. Filthy lucre. Thirty pieces of silver. Call it what you will, that is what happens when the congress gets together. The ones in power control the money through the PACs and the money doesn't go to Representatives that buck the party leadership. It goes to those who go along.<br />
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Senate Minority Leader Mitch McConnell admitted a couple of years ago his single most important thing to achieve was making Barack Obama a one term President. Whoa! Hold on there Mr. McConnell I thought the business of Congress was to run the country for the best interests of the people. That hasn't been the goal since probably the days of President Nixon but for certain not since Ronald "Dutch" Reagan. During Reagan's tenure he and Tip O'Neill got together on a regular basis for some old fashioned fun. They and a few others had a few adult beverages, played some cards, smoked some cigars and agreed where they could and agreed to disagree when they couldn't agree on some policy position. But, it was about the country as a whole not their particular parties. No, not Mitch McConnell's Congress! Not the House of John Boehner!<br />
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What brings me to this is the recent Supreme Court ruling on the Patient Protection and Affordable Care Act or whatever the official name of Obama Care is called. "This is the wrong thing!" "It needs to be pulled out by the roots and start all over!" That is what the Republican politicians were saying on the Sunday morning news/talk programs across the channels. There was no room for negotiation or modification or improvement. No, just plain old we have to get rid of it and do so now. The attacks that it was done in a partisan manner are ringing on deaf ears. Everything in Washington now is partisan! If there was a better way and a more fair approach why wasn't it taken when the Republican's had the majority in both houses or there were more congenial working arrangements? This whole issue originated during the Nixon administration and the lobbying dollars were against it so the politicos were too. That is what is driving this bus, the same old thirty pieces of silver.<br />
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The Supreme Court ruled! John Roberts, the Chief Justice that the neo-conservative right embraced with open arms was the deciding vote. Get over it! Move on! Use the FIDO approach - forget it, drive on. There are other more important issues facing our country than whether or not the health insurance industry is happy with the health care model we are going to use. What about employment? What about our slipping education system? What about our military and its diverse set of fronts it is now engaged on? What about Veteran's benefits for all those who have suffered in these multi-front battles we are waging?<br />
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Congress needs to heed the advice of a WWII flight instructor to a scared cadet soloing for the first time. "Grab your left ear with your right hand, your right ear with your left hand and pull your head out of your ass and fly the plane." We are a country in great need of someone willing to fly the plane!<br />
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John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-47845632131649856292012-06-30T11:14:00.000-07:002012-06-30T11:14:43.756-07:00Legal News Dominates<br />
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This week has seen a huge slate of legal related news on both the local and national levels. I guess the biggest news would have to be the Supreme Court's - SCOTUS on the news wires - ruling on health care. Chief Justice Roberts showed his concern for the legacy of the Court and his tenure as Chief with his ruling that literally split the baby, Solomon like. He stood for the supremacy of the legislative process in our scheme of government by siding with four justices in saying that the "individual mandate" was a tax and within the constitutionally established powers of Congress. He crossed the road and stood with four other justices and made certain everyone understood the same "individual mandate" was not within the scope of the Commerce Clause and therefore did not meet constitutional muster. While that may seem inconsistent to both sides of the aisle if you read some of the better respected legal minds from academia you can see the importance and distinction in the positions the Chief Justice took. He literally upheld the constitution in its basest form and allowed the legislative branch its due while telling it, on the other hand, it had gone too far. From a purely historical and legal point of view justice was done. The Chief Justice is to be commended for that!<br />
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Locally the first two days of a suppression hearing culminated Friday with one of the world's most respected authorities regarding the mental processes and abilities of children telling Judge Cooper, and the world, why Christian Fernandez could not have understood or exercised his rights when he was questioned by the Jacksonville Sheriff's Office. Having been around the legal system in Northeast Florida for longer than I care to admit I have to sit back in admiration when I see the names Hank Coxe and Buddy Schulz mentioned in the same article. When you realize they are on the same team and standing between the child and the massive State you know there have to be some serious issues being batted around for lawyers such as them to be stepping to the plate. The Assistant State Attorneys are good lawyers, well experienced and respected. But, we are talking true Hall of Famers with Coxe and Schulz! You can read the blogs and comments all over and hear all the nastiness people vent against the bar, Judges, the law and lawyers in general. But knowing that the pezzonovante are looking the Honorable Angela Corey in the eye and saying no to prosecuting twelve year olds makes me proud to be an American, a Floridian and a lawyer. Thank you Messrs. Coxe and Schulz.<br />
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Semi-locally, at least from the point of view of the prosecution, George Zimmerman dominated the cable channels Friday with the newest attempt to get him out on bond pre-trial. Judge Lester may have been rightly upset that Mrs. Zimmerman had allegedly lied about the monies they had access to when she testified. But just as the sins of the fathers are not that of the sons, the lies of Mrs. Zimmerman have no more impact on the bond criteria for George Zimmerman than I do on the path of the sun through the daytime sky. Is George Zimmerman a danger to the community? Other than the pending charge and some minor scrapes a few years ago there is nothing to suggest he is a man to fear. Is George Zimmerman a flight risk? Not only no, but hell no! He was told by Mark O'Mara, a man who appears to be a true lawyer of respect, that he had forty-eight hours to surrender and return to jail. He was in an unknown location, had two days and some funds and still did the right thing. He surrendered and has been in custody for the better part of June! George Zimmerman is not a flight risk and is willing to exercise his constitutional right to trial. He needs to have a bond set that is not punitive in nature and secures his appearance in court. Hopefully, Judge Lester will do the right thing next week and set a reasonable bond. This case needs to proceed and let the legal process work like it was prior to the introduction of public pressure and politics. The interference of people with little or no knowledge of due process and local rules does not bode well for the appearance or achievement of justice.<br />
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All three of these issues were media circuses in their own rights - emphasis on the circus. The Solicitor General had been chastised, ridiculed and parodied over his performance during the three days of argument earlier in the year. Where are the accolades for him now that his narrow argument regarding taxation carried the day and captured the support of the Chief Justice in doing the constitutionally correct thing? Thank you Geoffrey Toobin for admitting your short comings and jumping the gun, now tell your colleagues in the media to belly up to the bar of public scrutiny and admit their errors. Politics will now set in to dominate the issue of national health care. Sadly, the other two will continue to suffer the three ring atmosphere that has cast doubt on the integrity of our system of justice!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0tag:blogger.com,1999:blog-1447965605793848996.post-37791958903593488932012-06-21T10:28:00.002-07:002012-07-13T18:33:37.400-07:00Deficit Budgets<br />
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How do you run a deficit budget three years in a row? If you are Tim "Hooha" Poynter and his prior fellow members of the Fernandina Beach City Commission you simply ignore fiscal responsibility. Now there are rumblings of an additional deficit budget - one where we draw down the reserves or emergency funds - and no talk of salary cuts or other budget restraints.<br />
The city has enough take home vehicles to create its own traffic jam on our underused downtown streets and byways. Where are the plans to stop that? Even with the price of gas dropping it is simply too expensive to have everyone and their assistant driving city cars. Why are the people who have allowed us to be drawn into law suits, overspending and overpaying still drawing their high salaries. Their love for this community should be exhibited in assisting with the belt tightening! If there is no love, then there will be no love lost with their departure.<br />
We have borrowed a whole lot of money - $1.8 million - for discretionary spending. Opening of another railroad crossing that will benefit few, one being "Hooha" himself and his businesses. It wasn't bad enough that he used the city parking lot at 2nd and Alachua for a private staging area for the recent improvements to his new enterprise, now he wants us to pay to open another crossing. At what expense to the taxpayers? The payments on the loan are approximately $12,000.00 a month of our tax dollars. The money was borrowed quickly after the November elections to prevent the newly elected commissioners from putting the halt to it. That money has been largely untapped since then to the tune of $72,000.00 so far this year. But "Hooha" didn't want to expend $13,000.00 to celebrate the birthday of the greatest country yet known!<br />
The double talking about fiscal responsibility and fiscal restraints sounds good at the end of the Commission meeting but doesn't ring true when held up for evaluation against the prior actions. "Hooha" has been willing to mortgage and spend our future, especially when he benefits, but not when the community as a whole does.<br />
We need people who will be stewards of our resources not protectors of their own interests. People need to let the Commissioners know!John Joseph Casconehttp://www.blogger.com/profile/11960867479185363289noreply@blogger.com0