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f/k/a archives . . . real opinions & real haiku

March 5, 2008

snowjob: lessons from the other big vote

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 1:34 pm

U.C. v. G.R.S.

One candidate was quite icy, showing little emotion, and was the early choice of “party” regulars; the other was a giant and media star, with a famously positive demeanor and message. In mid-February, as early voters cast their ballots, the rivals were only one vote apart. If Barack Obama’s strategists had paid attention over the weekend, the results last night might have been very different.

You see, when the votes were tallied early March 1st, it was a rout: the candidate with rustbelt, blue-collar appeal had 66% of the votes, while the favorite of the elite college crowd only attracted 29%. It seems they can party, and caucus, and rave (and even make lots of videos), but those younguns just don’t show up when and where it counts to actually vote.

388 (29%) . . . . . . . 874 (66%)

It didn’t matter that the winner had in fact disappeared before election day. The Today’s Snowman worldwide Snowman Contest for February 2008 demonstrated once again the fundamental importance of having a big, wide base and then getting that base to the polls to vote.

march thaw
the dirty snow on top
melts last

….. by dagosan

[orig.] Now, the story behind the last-minute electoral tidal wave that catapulted the Great Rotterdam Snowman to an overwhelming victory over the candidate from the University of Colorado can be told. As an article last week in the Schenectady Daily Gazette reported, Jeff Older of Donald Drive, in the Schenectady suburb of Rotterdam, NY, built the now departed GRS, with his kids, while Chris Moskoff and a group of 12 U.C. alumni built the contender from Aspen. ‘Great Snowman’ leads in online contest: Local entry battling Rocky Mountain foe” (Schenectady Daily Gazette, by Justin Mason, February 27, 2008). Bob Eckstein (author of The History of the Snowman) has tracked the battle between the UC Snowman and GRS, who were the main contenders in his Today’s Snowman weblog February Snowman Contest. See “University of Colorado Vs. Rotterdam” (Feb. 17, 2008); “The Finger Pointing Continues” (Feb. 27, 2008).

In our posting on Feb. 24th, we told f/k/a’s readers about the contest, noting that there had been mud-slinging, with the UC crowd insinuating that a dad and his kids could not have lifted the top sections of a snowman that they claimed to be 12-feet tall. [Older rebutted that slur in the Gazette, explaining that they had taken “an atypical approach in their creation by first building a towering snow cone and then carving out the snowman.” Indeed, Eckstein drove for eight hours to measure the snowman in person a few weeks ago, and validated it’s size at a dozen feet tall.]

naughty child–
instead of his chores
a snow Buddha

….. by Kobayashi Issa – translated by David G. Lanoue

What politics? As you surely have noticed, the f/k/a Gang has been a little antsy since we sworn off political and legal-ethics punditry back on Christmas Eve, with a bit too much time on our hands. Our three-part snowman (r)evolution series was one consequence of our idle minds, and led us to discover Eckstein book and weblog. While we might have promised not to post about politics (hmmm, we did, didn’t we), we never promised not to work on a campaign in the real world, nor in another part of cyberspace. So, when we saw that the UC Snowman and GRS were only one vote apart as of Feb. 21, 2008 (see “UC vs. Rotterdam Update“), and realized that our local candidate was being slurred, and facing a bunch of web-savvy elitists, while getting no publicity here in Schenectady County, Prof. Yabut decided he had to help even the playing field (or maybe tilt it a bit).

in the howling wind
under the full moon
the snowman, headless

…….. by George Swede from Almost Unseen

[larger photo] A quick check at the Rotterdam Community Internet Forum confirmed that no one had brought up the topic of their local Great Snowman at that busy website, as of the morning of February 24, 2008, with only 5 days remaining in the election. Therefore, shortly after completing our posting on the subject, Prof. Yabut emailed Jo-Ann Schrom, the Board Moderator, to tell her about this epic battle. In a couple of hours, a new topic page appeared at the Rotterdam forum, entitled “Vote for the Great Rotterdam Snowman.” It printed the text of a couple of Eckstein’s posts about the contest, and linked to the f/k/a piece. That attention attracted the Gazette reporter, and resulted in Main Stream Media coverage. The rest is, indeed, snowman electoral history. From a virtual tie, GRS supporters gave the Rotterdam giant a 2 to 1 landslide (which is not a word usually used in polite snowperson society). (update: March 6, 2008: the Daily Gazette‘s reports on the victory of GRS, posted here.)

one smirking snowman
and one
hatless scarecrow

…………… by dagosan

What lessons? This post is already too long, and we’ve sworn not to pundificate about politics this election season. So, you will all have to draw the obvious conclusions on your own — hopefully before the spring thaw melts away any additional smiling giants. (If you have the stomach and appetite for more political punditry today, we suggest checking out Prof. Ann Althouse, who has just taken a vow of “cruel neutrality,” which might indeed be worse than either benign or malignant neglect.)

p.s. Jeff Older, the creator of The Great Rotterdam Snowman has told Today’s Snowman that “Our goal next year is to go for the tallest snowman/snow-woman in the world.” And, speaking of audiacity and hope, Bob Eckstein leaked that Jeff also “plans to build a college campus, by himself, larger than the University of Colorado, once the weather warms up. Updates will be provided here exclusively at Today’s Snowman.”

snowBuddhaChadGS – speaking of super-delegates: [ original photo by Alison Shumway, via Chad]

he’s holding one
snowball…
the Buddha

…. by Kobayashi Issatranslated by David G. Lanoue

February 27, 2008

An Almost Life — p/i lawyer Kevin Mednick’s fine first novel

Filed under: Book Reviews,lawyer news or ethics,Schenectady Synecdoche — David Giacalone @ 6:59 pm

An Almost Life” by Kevin Mednick (The Permanent Press, December 2007; 240 pp; ISBN-13: 978-1579621575; interview with the author; cover image)

Mini-Review: This first novel by lawyer Mednick is fully satisfying and genuinely successful. Its protagonist is a frank, witty, self-deprecating personal injury attorney in a small upstate New York city, who is going through midlife and mid-career crises. If you enjoy novels about (realistic) lawyers and lawyering, or you’re looking to be entertained by characters you care about, while learning a bit about the human predicament and the workings of an important (and often misunderstood) social institution, you should read An Almost Life. Despite having the “rather-be-napping” winter blahs all last week, I finished this book (which has no murderous socio-paths or life-and-death escapes driving the narrative) in two days, reading well past midnight, and wishing it were longer. (scroll down for the full review)

new novel
the sun sets
without me

… by dagosan/ david giacalone, The Heron’s Nest (March 2005)

Kevin Mednick is a plaintiff’s personal injury lawyer in the small Schenectady-NY-based firm of Bendall & Mednick, which has three attorneys and a branch office in Atlanta. His publisher says Kevin’s “legal career includes stints as an Assistant District Attorney, house counsel for an insurance company, associate counsel for a large personal injury defense firm, and law clerk for a County Court Judge.”

Mednick has been with B&M for 15 years. They call themselves “Real Lawyers for Real People” in low-key tv ads and at their informative and purposefully unflashy website. Among lawyers in the New York Capital Region, Bendall & Mednick is known for doing high-quality work in complicated p/i and medical malpractice cases. When I’m asked for the name of a p/i firm by friends or acquaintances, I always suggest B&M. Nonetheless, although Kevin is only a few years younger than myself, and I pass the lovely old house that serves as his office on my way to the supermarket each week, I’ve never met him, nor spoken on the phone with Kevin, and the only internet/email correspondence we’ve had consisted of my request for a copy of his book to review here at f/k/a, and his short reply saying he had no copies but would have one sent. (I did meet the firm’s founder, James W. Bendall, once around 1990.)

In fact, I only heard about Kevin’s novel during a chance meeting with a local judge I admire, in a line at the Post Office mailing Valentine parcels, about two weeks ago. When I did a Google Blog Search later that day and found no review of the book, and no mention of it on any blawg, I decided I owed it to our town and profession to check out this novel.

What I’m trying to say, of course, is that — despite our geographic proximity and this rave review — I did not pick up this book out of devotion or friendship for Kevin or his law firm, and I doubt that he even knew my name when I contacted his firm about An Almost Life (unless I’m infamous among his p/i colleagues for my stance on standard contingency fees, or lionized for my defense of lawyer advertising and battles against the Bar’s Dignity Police).

I first heard Kevin Mednick’s voice when he was doing his weekly Real Law segment, on Thursday, February 14, 2008, on the very popular Don Weeks morning radio show on 810 WGY-AM at 7:50 AM. That segment focused on baseball steroids and Slip and Fall accidents (hear it here), and I paid particular attention because I recently experienced a slip-n-fall of my own on a neighbor’s icy sidewalk. Kevin made good sense on that topic (as does the brief description of the issues involved in S-n-F cases on the B&M website). This morning, I heard Kevin again in this interview about his practice and his novel, at B&M’s under-used weblog (which is hosted by the firm’s youngest member, Atlanta lawyer and comedy-club owner, Jamie Bendall). Frankly, though, neither exposure to Kevin — the sensible, competent p/i lawyer — made me want to brave a Schenectady winter, with its mid-February crop of potholes and slippery roads, to head down Union St. to make his acquaintance and shake his hand. However, reading An Almost Life definitely did. The author who gave the character Mike Samuels his voice is clearly worth meeting.

An Almost Life” makes it easy to answer my two basic questions when reviewing a book: 1) Was my time spent reading the book a good investment? and 2) Who (if anyone) is likely to benefit from (or enjoy) reading it?

Time Well Spent? As simple “pleasure reading,” AAL was a constant treat. The main character, Mike Samuels (who surely has a lot of Kevin Mednick in him, even if they might have had different reactions when that exotic dancer wanted to show Samuels her breast-surgery scars in his office) is recognizable, insightful, likable and entertaining. Whether he’s trying to figure out just when most of himself “stopped bothering” and started to leave for places unknown, or how his secretary can always be in such a good mood and so often save him from himself, or how to feel about the ex-wife who left him for a Bigger-Better-Deal, Samuels charms, entertains, and endears himself to the reader. Ditto when he describes his relationships with a teenage son and daughter, or with an anti-anxiety medication that somehow causes both drowsiness and insomnia, while really taking “the edge off.”

As a novel about lawyers and lawyering, An Almost Life was even more rewarding for me. As Publishers Weekly reports, when Samuels “accepts the case of Evelyn Walker, who is suing her former employer over a debilitating job-related injury, Mike is forced to shake off his ennui and get focused to defend his client.” What we are allowed to see is not the tacky tort lawyer who assaults us in tv and radio ads, nor — thankfully — the self-aggrandizing martyr-champion of the downtrodden, the whiny victim of the nasty tort-reformers, the happy-face (or chest-beating) warrior who appears so often online, or the death-defying, miracle-working hero of blockbuster books and movies. Instead, a good lawyer and good man gives us a peek at his fears and insecurities, while pointing out the foibles of others, and painlessly explaining the psychology and strategy that goes into making a personal injury negligence case and bringing it to trial.

The review in The Independent got it right:

“Despite Medrick s narrative skill in keeping readers curious about the outcome of Evelyn s case, which will be tried in a small town in upstate NY, the book s most compelling and incisively funny – sections have to do with Mike s commentary and asides on lawyers, judges, justice and contemporary culture, including the inanity of golf, the psychology of the working-class in rural America, the pathetic comedy of small-claims night court, and the fear of jurors who want to run home and barricade their doors and remove themselves from a world that’s too complicated, too confusing and too dangerous.

Four authors are quoted on the dust-jacket of An Almost Life, and have spot-on remarks. Andrew Neiderman, who wrote The Devil’s Advocate, says “Kevin Mednick’s depiction of an attorney’s stream of conscious and his capture of a distinct narrative voice enables the reader truly to appreciate the American justice system. An Almost Life is a witty, entertaining novel and a great effort by a budding new talent.” Three lawyer-novelists add their thoughts, with which I concur:

  • Bruce Ducker, author of Bloodlines, deposes and says, “Kevin Mednick’s novel is that rare combination — a great read told in spot-on prose. The staccato dialogue, the sure sense of place, and the parade of quirky characters give the reader a telling insight into the life of a small-town courthourse lawyer.”
  • John Keegan, author of A Good Divorce, opines: “Mike Samuels breaks all the old lawyer cliches — he’s self-conscious, he’s tentative, and he’s almost human. It’s as if he’s just kicking a dented beer can down the street. Mednick has a gift for self-deprecating, intelligent humor. His book is a deft exploration of the schism between who we are and what we do for a living. An Almost Life sneaks up on you and won’t let you go.” And,
  • Peter Friedman, author of Ideal Marriage, swears to tell the whole truth: “I felt myself in the hands of not only a fine story teller, but also a lawyer with a wonderful grasp of the battles that rage over every case. I don’t recall ever reading such an engaging illumination of how a trial lawyer actually makes — or doesn’t make his money. I finished An Almost Life almost regretfully, as it reads so well.”

Speaking of the dust-jacket, it is the only thing about An Almost Life that I would change. Mike Samuels might have felt as if he were invisible, but no book should be stuck with a cover image that makes the novel nearly invisible in a store display. The cover photo was taken by Kevin’s senior partner, Jim Bendall, but the kindness of that gesture does not make up for its ho-hum effect. Let’s hope the second printing, or paperback edition, has more pizazz.

A Novel for Just About Everybody. So, who do I think would benefit from An Almost Life? Just about every adult with a sense or humor and justice, and five or six hours to devote to the pleasures of a fine first novel. Read it for the sheer entertainment; for its insights into middle-aging, or finding yourself, your mate, or your place in the world; or (whether you’re a non-lawyer or an attorney looking in from another part of the profession) to get a realistic impression of the job and the role of a personal injury lawyer who is in it for more than the money and glory. I’m glad I got to meet Mike Samuels and — since he works right down the road — hope to meet his creator, before Kevin Mednick flees to that lovely land where successful lawyer-novelists dwell.

snack room —
the litigator takes
one-third of the donuts

…………………………………….. dagosan
– looking for more lawyer-related haiku? well, click that link —

p.s. I must admit that the local setting (even if masked with fictitious characters and place names) made parts of Mike Samuels’ musing even more amusing and enjoyable for me. For example, like myself, lawyer Samuels is bemused over the “party hacks” (and sports heroes) who too often get to be judges around here, despite having virtually no experience in trying or negotiating a case. [We have elected judges, but I soon found out after arriving in Schenectady that county party chairmen at times select themselves for important judgeships, and the parties often cross-endorse each other’s chosen candidates.] Don’t fear, though, the book won’t leave you disenchanted with all judges, and your living outside of upstate New York won’t reduce the experience of reading An Almost Life.

– Below the fold, you’ll find a few great quotes from An Almost Life. –

(more…)

February 15, 2008

lawrence and the flamingos – a Stockade Valentine mystery

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 5:32 pm

[Daily Gazette, Marc Schultz, larger photo]

Valentine stroll
neither lover mentions
the pink flamingos

…………. by dagosan

Did you get flocked on Valentine’s Day? If you live in The Stockade, a tiny historic district in Schenectady, New York, it’s really hard not to get flocked by a flamboyance of pink flamingos on February 14 — and (virtually) no one knows who’s doing the flocking. As described in today’s Schenectady Daily Gazette, fourteen pink flamingos appeared overnight within the small traffic circle monument to Lawrence the Indian, and were gone when the sun set. See “Pink flamingos make annual appearance: Stockade residents have grown fond of Valentine’s Day tradition” (February 15, 2008). Reporter Kathleen Moore explains:

“Welcome to the Stockade’s Valentine’s Day mystery.

“For nearly a decade, someone has decorated Lawrence the Indian with pink flamingos on Feb. 14. Most have no idea who does it or why the day of love is being celebrated with one of the tackiest decorations available in stores today.”

At the Gazette Online website, you’ll find more details and some humorous speculation, but you will not learn the identity of the impish Mohawk-flockers. The only clue is cryptic: “The covert decorators are actually two middle-aged men, who asked for anonymity since they’ve kept their identities a secret for so long.” [Indeed, although he was recently sighted lurking in and around the Stockade with another middle-aged gent, and he has demonstrated a rather warped attitude about Valentine’s Day at his weblog, the mysteriously anonymous Editor of Blawg Review denies planting the pink plastic fowl, but wishes he had thought of it first.] As to their motives, one of the aging delinquent flamingo herders says:

“The goal was to show residents that change could be good,” . . . .

And, his cohort in crime said, “It was sort of a hoot.”

Currently, you can find quite a few additional pictures of the 2008 Stockade flamingo episode at the homepage of the Stockade Neighborhood Association.

follow-up-dates (February 13, 2009): See our post “Valentine flamingos return to the Stockade,” which has many new photos; and see more coverage, with lots of photos, of the 2011 Stockade Flamingos and the 2010 Stockade Flamingos, at our sister weblog “suns along the Mohawk.”

Why make Valentine’s Day into Flamingo Day? We get no satisfactory explanation in the Gazette. However, as a dateless denizen of the Stockade, I can appreciate the reaction of two interviewed Stockadians, when asked by the Gazette reporter:

Newcomer Katy Nestor, who came upon the flamingos on her way to Arthur’s Market, said the birds could be the last resort for the dateless. “If you can, you spend Valentine’s with the ones you love … if you have nobody, come be with the flamingos,” she said. “It’s great. They’re cute.”

Joyce Wachala, co-owner of Arthur’s Market, said the flamingos are particularly welcomed by single residents. “A lot of people down here are single. Valentine’s Day is so hard for people — and this is so nice,” she said. “I think it’s adorable.”

winter sunset
in the shrimp boat’s wake
pink pelicans

spring rain the cat’s pink nipples

……. by Carolyn Hall –
“spring rain” – 2003 Henderson Haiku Competition, Hon. Men.; Frogpond XXVII: 1
“winter sunset” – The Heron’s Nest (II:5, May 2000)

follow-up-date (February 13, 2009): See our post “Valentine flamingos return to the Stockade,” which has many new photos.

With the subject-matter vacuum left at f/k/a by our no-politics and no-legal-ethics pledge, Your Editor decided to dig deeper into the whole flamingo and pink theme. It seems that getting flocked by pink flamingos is not merely a Schenectady activity, although it has not apparently been associated with Valentine’s Day nor reached the level of “tradition” elsewhere. The folks at Get Flocked.com explain:

“Flocks of Flamingos are a great way to celebrate a special occasion such as a birthday or anniversary. Flamingo Flocking is a great way to raise funds for your church, group, or organization. By the pair or by the flock… Flamingos are just fun.”

Of course, Get Flocked only sells the Genuine “Don Featherstone” design pink flamingo. Much like my own Valentine date situation, this demand for classic quality has caused a large availability problem. You see, the Union Products Co., which produced Featherstone’s pink plastic icons for almost half a century, closed in 2006. (See “RIP: Pink Flamingo, 1957-2006” (South Florida Sun-Sentinel, October 20, 2006; listen to NPR coverage, Oct. 31, 2006) As a result, they’re even Out of Stock at Get Flocked (but you can settle for a substitute at eBay).

Nevertheless, do not despair. The f/k/a Gang has some suggestions for anyone still hoping to get flocked by pink flamingos in the afterglow of Valentine’s Day.

mother-in-law
at the tip of her swizzle stick
pink flamingo

visit home
the pink flamingo’s
cracked wing

……………………………. by Roberta Bearyspecially commissioned by f/k/a

  • (Feb. 16, 2008 update/insert): Our Honored Guest and friend Ed Markowski swooped in overnight with his own flock of flamingo poems for our Lawrence Flamingo Celebration. Here are a trio; check our Comments section below for more:

mobile home park
apple blossoms settle
on a pink flamingo

[Ed. Note: one poem temporarily removed.]

two pink flamingos
& a waitress named Sally…
summer begins

  • If money is no object, we sighted a pair of genuine Featherstone flamingos (along with a warning against fake signature versions from China), at Amazon.com for over $100; but another pair of knockoffs for $12.

For the more intellectual and history-oriented flamingo buffs, we suggest the book “The Original Pink Flamingos: Splendor on the Grass” (Schiffer Publishing, 1999, 98 pp., Paperback), which is co-authored by Don Featherstone, the designer of the most famous lawn ornament of our times (with apologies to the Virgin in a Bathtub). The book’s description notes:

“In 1957, Don Featherstone sculptured the first three-dimensional pink plastic flamingo, thereby making affordable bad taste accessible to the American public” –from Pink Flamingos. This is the tale of a wonderful bird, named by his creator phoenicopteris ruber plasticus; a new avian species, now known to all as “Pink Plastic Flamingo.”

“. . . If you’re a believer, or even a skeptic, take a look, see for yourself. This book is one of a kind, the documentation of American genius, homage to an icon, or, perhaps, a rare opportunity to observe a culturally tolerated symbol of taste gone awry. It’s great fun!”

Kitsch collectors should click this link for Pink Flamingos Gift Set (Running Press Mini Kits), for a pair of desktop mini flamingos with their own patch of lawn, and “a book celebrating America’s beloved bauble of bad taste as a symbol of kitschy fun in the sun.”

Also, from Get Flocked get a cap, t-shirt or other apparel.

pink mitten
at the curb –
warming one small red hand

historic district —
an old sidewalk trips up
the blossom gazer

another year
without learning their names –
trees with pink blossoms

………………………….. by dagosan

Or, perhaps this pair in flamingo pink [formerly] at Target is more up your alley (or, another flamingo bikini beauty from SwimHut).

parting her pink robe
–daybreak

……………… by Yu Chang, from A New Resonance (1999).

And, last but — certainly around here — not least, enjoy a flock of poems by our Honored Guest Poets, and dagosan, bathed in the hue of pink:

new lover
pink light sleeps
Amsterdam awakens

….. by pamela miller ness – from pink light, sleeping (chapbook, 24 p, Small Poetry Press, Concord, CA, 1998)

new pink sneakers –
grandma’s porch step
still creaks

………… by Laryalee Fraser – clouds peak #2

footbridge
pink clouds
between the boulders

…….. by Yu Chang – from Upstate Dim Sum

pink begonias
deepening
the grey fall

…………………….. by Barry George at simply haiku

country stop sign–
the pink glow of sunset
through .22 holes

…………. by Lee Gurga from Fresh Scent (Brooks Books, 1998)

st. patrick’s day
the foreman hands out
pink slips

………….. by ed markowski

in the pink dusk
with pimples
moon

…….. by David G. Lanoue from Dewdrop World (2005)

trespassing –
three pink tulips
in an unkempt yard

pink clouds in the crotch
of the bare oak
the street-walker stares

white to pink–
clouds repainted
while we sip our wine

………………………. by dagosan

breathing space—
the deepening pink
of alpenglow

sunny morning —
pink tulips in bloom
on the preschool’s walls

……………………… by Billie Wilson – The Haiku Society of America Newsletter XIX:1 (2004)

easter brunch sunglassesR
his daughter’s hair
a new shade of pink

……………………… by Roberta Beary, The Unworn Necklace (2007)

a present, a present
a New Year’s present!
her pink cheeks

…………….. by Kobayashi Issa,
translated by David G. Lanoue

it’s pink! it’s purple!
sunset inspires
more bickering

……………….. by david giacalone, Frogpond Vol. XXVIII, #2 (2005)
[haiga photo: Arthur Giacalone; see the haiga here]

faint pink lips
where someone kissed
the window

…………….. by David G. Lanoue from Haiku Guy: a novel

(more…)

February 12, 2008

Schenectady barbers want Mondays off

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 8:08 pm

CautionBadHairN As Carolyn Elefant has been saying for years (and argues in her acclaimed new book Solo by Choice), one of the great advantages of owning your own small business as a sole proprietor is having greater control over “quality of life” issues, such as which days and hours you will work. Of course, most solo lawyers don’t have perfect control of their time — court schedules, client emergencies and deadlines, and tasks that take much longer than expected to handle diligently, can at times make it quite difficult for a solo lawyer to keep to a rigid schedule.

[image from BarberPole.com]

The same cannot be said, however, for barbers. If you own a barbershop, you can pretty much call the shots when it comes to when you’re open for business. A customer’s bad hair day or important social engagement poses no big social expectation or ethical obligation to provide your services during designated off-hours. You post a sign and expect your patrons to abide by it. If you want to make an exception for a loyal client, you do. Sure, there will be marketplace forces that tempt you to increase your hours to attract or keep some customers, but each barbershop owner has to decide for himself or herself which values are most important, and whether work-life balance wins out over financial needs or desires.

With those assumptions in mind, along with my usual pro-consumer and pro-competition biases as a former antitrust lawyer, I was rather bemused seeing the lead business-section article in the Schenectady Sunday Gazette, with the headline “Clash of barbers: Should shops be closed on Mondays?: Unionized barber waging battle to keep traditional day off” (February 10, 2008). As reporter James Schlett explains, Richard DiCristofaro, owner of Wedgeway Barber Shop in Schenectady, considers it a “cardinal sin” that a barber in neighboring Rotterdam was open on the Monday before Christmas, and decries the “greed” of those who violate the 60-year agreement of local barbers not to work on Mondays, which allows them to all have a five-day workweek. The article explains:

“At least in Schenectady, Mondays are turning into the latest front in unions’ battle against the global and corporate forces that are trimming away the benefits organized workers fought for during much of the 20th century. At his 96-year-old shop on Erie Boulevard, [Richard] DiCristofaro is mounting a spring campaign designed to turn union supporters against barbers who offer haircuts on Mondays.

“For the past few weeks, DiCristofaro — the former president of the Schenectady Barbers’ Union Local 176 — has become more vocal about the Monday issue. He has run advertisements criticizing the practice in The Daily Gazette and sought support from the United Food and Commercial Workers Local 1.

“ ‘They’ve always done as they please, which is fine. What we want to do is make people aware that they’re not union,’ DiCristofaro said.”

BadHairDayG Perhaps the legal experts at Antitrust Review or the Employment Blawg will let me know if my analysis is off, but here’s my reaction to Mr. DiCristofaro (which I also made in a comment to the online Gazette article):

  • No matter what they call themselves, this group of barbershop owners is not a union — they’re small businessmen and, most important, competing sellers of a service, acting together in a trade association.

By agreeing not to open on Mondays, and by trying to force other shops to close on Mondays, the “union” of barbers is really a cartel engaging in collective action that appears to violate the antitrust law.

  • Antitrust law considers joint action by competing sellers — aimed at either other sellers or their customers — to dictate the terms of service (such as hours of business) to be unlawful boycotts. It doesn’t matter if the competitors are “little guys” or even “goodfellas.”
  • Thus, the U.S. Supreme Court agreed with the Federal Trade Commission in 1990 that a group of solo practice lawyers, who served as assigned counsel for indigent defendants, were competitors and could not engage in a boycott to get better terms of service, even if they were acting to protect constitutional rights. [see FTC v. Sup. Ct. Trial Lawyers Ass’n, 493 U.S. 411 (1990); and our posting about the Mass. Bar Advocates].
  • More important, in the late 1980’s, the Supreme Court confirmed the FTC’s conclusion that Detroit Area Auto Dealers could not agree to be closed on Saturdays, even if they did so to keep their employees happy, or to achieve other social benefits. [see “Car Dealers Lose Ruling” (AP/New York Times, March 3, 1989); “More dealers open Saturdays” (Detroit News, March 9, 2005); and continuing FTC action in Detroit Auto Dealers Association, Inc, Docket No. 9189]
  • Barbers are independent business owners, who have every right to close on whatever day they want to close or to allow employees to have two days off a week, in order to seek life balance goals. But, they cannot act together to deprive consumers of the choice of getting a haircut on a Monday, or to coerce competitors to limit operations to five days a week. Loyal clients will fit their haircut requirements into their barber’s schedule — or, as they have every right to do (and if that loyalty has not been earned), find a shop that accommodates their needs or convenience.

For me, calling themselves a union does a disservice to real unions (composed solely of employees) and the “unionized” barbers should not be pressuring members of genuine employee unions to help coerce competing barbers to close on Mondays. Over the decades (like auto dealers in Detroit), barbers have put bricks through the windows of many shops that stayed open on the “wrong” days. (I remember hearing about such efforts in my hometown, Rochester, NY, in the 1960’s, where barbers tried to enforce competitors to close on Wednesdays.) Let’s hope Schenectady’s disgruntled barbers have the courage to act individually on their convictions (even if it loses them customers), rather than behaving in ways that might get them convicted.

again, the bald barber
cuts my hair
too short

as the professor speaks
only his bald spot
is illuminated


BadHairDayG ……… by George Swede from Almost Unseen

holiday rush
the barber speaks wistfully
of the sixties

late day showers…
my hair gel
reactivates


…………………. by ed markowski


disinfectant jar –
there must be 14 or 15
barber’s combs

……………………… by Michael Dylan Welch
Shiki Haikusphere 10th Anniversary Anthology (2007)

barber’s sweepings
a touch of grey splits
man and boy


letting go…
cherry blossom drifts
into cut hair

. . . ………………… by matt morden at Morden Haiku

my childhood barber shop–
only the mirror
has changed


………………… by dagosan

p.s. The Wedgeway Barber Shop is located in the same building as The Grog Shoppe, the last place where “Ed,” the infamously anonymous Editor of Blawg Review, was sighted in Schenectady last week. (read Ed’s account here)

February 5, 2008

imagining Schenectady with no GE Sign

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 5:43 pm

It can now be revealed: My “three magi” poem in our “Holiday Haiku from Schenectady” collection was referring to the arrival of three haiku poets in Schenectady from distant points of origin, and was inspired by the venerable (not venerated) General Electric sign, which has long been a major symbol and icon for Schenectady, the birthplace of GE. As the Schenectady Gazette recently noted, the sign was erected in 1926 and placed on the National Register of Historic Places in 1975. “The company uses 1,399 bulbs to illuminate the 10-foot letters and the huge GE logo, which is 36 feet in diameter. The entire sign stretches 168 feet along the top of Building 37.”

At night, I can see the GE sign from my back yard along the Mohawk River.  It’s been on my mind the past few days, however, due to an article in last Saturday’s Gazette. Titled “Rule nearly brings down GE icon: Schenectady plan calls for removing ‘free-standing’ signs” (by Kathleen Moore, February 2, 2008), the article begins:

“A new rule intended to clean up the city’s streetscapes almost had the unintended consequence of eliminating the historic General Electric sign.

“The brightly lighted landmark nearly fell afoul of a new rule included in the proposed new comprehensive plan, which states that all illegal signs must be removed by 2010.

“The goal is to accelerate the city’s long effort to get rid of billboard-style signs in front of businesses. The problem is that General Electric’s 82-year-old sign is just as illegal as the oversized signs that have been more recently installed in front of other businesses.”

The Gazette [see its photo] says the city’s zoning and planning moguls were stumped when they first realized that their proposed comprehensive plan would require tearing down a beloved local landmark. You see, in addition to its excessive size, the GE Sign sits on a roof and, according to Zoning Officer Steve Strichman, “Rooftop signs are simply not allowed in Schenectady.”  Moreover, Strichman aims to rid Schenectady’s streets of highway-oriented signs that are “out of pedestrian scale.”

Therefore, despite really wanting to eliminate non-conforming rooftop signs over the next two years, the planning board decided on a rule that merely mandates “all illegal ‘free-standing’ signs be corrected by 2010.”

can’t quite get over
the high rooftop…
firefly

deep snow–
on the signpost
a crow caws

……………………. Kobayashi Issa, translated by David G. Lanoue

I’m really glad our civic leaders want to save this famous sign, which adds a lot to our rather minimalist urban skyline. But, as has often happened in my two decades as a resident of Schenectady, I’m scratching my head over the apparently inept (and often inapt) lawyering that goes into our law-making.   It seems to me that even a second year law school student, taking Zoning 101, could have come up with a quick fix for Schenectady’s comprehensive plan that would both 1) save a protected historic landmark that is situated on an enormous tract of land, in a (very non-residential) heavy industrial zone, and set far back from a broad one-way thoroughfare (with no neighbors across the street), and also 2) provide that nonconforming rooftop signs in or near residential and mixed-use zones, or along our narrow city streets be removed in the next two years.

show me yours.
you first.
barn roof creaks

……………..…. by Randy Brooks – from School’s Out (Press Here, 1999)

Of course, I first learned thirty years ago (when even Washington Post legal-beat reporters kept mis-stating the facts and law in cases I worked on at the Federal Trade Commission), that newspapers can get things wrong when describing laws and the details of lawmaking.   So, I’d be most pleased to have a more flattering account of what went into the efforts to salvage the future of the GE Sign.  Since I can’t image Schenectady’s skyline without it, I’m pleased indeed that this catastrophe, or the customary embarrassment around this town when inadvertent regulatory missteps are noticed too late, was avoided.

through a hole
in the fog billboard girl’s
radiant face

……………………………. by George Swede
from Almost Unseen (Brooks Books, 2000)

city lights –
the brightest are all
selling something

snowing hard
no road sign
to obey

………… . . by John Stevenson, Upstate Dim Sum

rooftop garden
she collects the rain
in saucepans

………………………. by Tom Painting – 2nd Place, July 2006 Shiki Monthly Kukai-Kigo

December 16, 2007

christmas and winter don’t mix

Filed under: Haiku or Senryu,Schenectady Synecdoche,viewpoint — David Giacalone @ 11:17 am

The Ides of December have once again betrayed our budding/brooding holiday spirits. Tens of millions of Americans, from Missouri to Maine, are waking today to the many horrors of a winter Nor’easter. See “Second Storm in a Week Moves East” (Wash. Post/AP, Dec. 16, 2007) Here in Schenectady, the Daily Gazette headline says “Wintry weather expected to take its toll on region” (Dec. 16, 2007). Not only are roads treacherous, with snow “expected to change to sleet and freezing rain by mid- to late morning,” but the hectic rush to complete holiday shopping chores will have to wait for snow removal duty — with shoveling made especially strenuous due to the heaviness of “wintry mix” precipitation, and snow blowers of dubious assistance dealing with the “dense, icy mess.”

wintry mix
we make a snow buddha
for Santa

—- by dagosan, in Holiday Haiku from Schenectady (Dec. 2007)

It looks like a Winter Wonderland, but it has me wondering yet again why we jeopardize our physical and psychic health every year trying to perform an already-stressfully long list of holiday chores – – and accomplish the related travel — in the time of year that is most likely to have the most inhospitable weather. Whenever I make that observation, I am told (in tones of total resignation), “it’s traditional.” To be honest, such reasoning almost never makes sense to me when a change can greatly improve a situation, and can be done in a cost-effective way that shouldn’t offend reasonable people.

sitting
where I sat as a child
I wait out the storm

……….. by Hilary Tann, in Holiday Haiku from Schenectady (Dec. 2007)
orig. pub. in Upstate Dim Sum (2004/I)

holy family. As you surely know, the historical person whose birthday is being celebrated on Christmas, was almost certainly not born anywhere near the 25th of December. As the website All About Jesus Christ respectfully tells us in Was Jesus born on December 25?:

“It wasn’t until A.D. 440 that the church officially proclaimed December 25 as the birth of Christ. This was not based on any religious evidence but on a pagan feast. Saturnalia was a tradition inherited by the Roman pagans from an earlier Babylonian priesthood. December 25 was used as a celebration of the birthday of the sun god. It was observed near the winter solstice.

“The apostles in the Bible predicted that some Christians would adopt pagan beliefs to enable them to make their religion more palatable to the pagans around them. Therefore, some scholars think the church chose the date of this pagan celebration to interest them in Christianity.”

The All About Jesus site also explains why it is far more likely that Christ was born in in the spring or fall than in a cold month:

“The Bible itself tells us that December 25 is an unlikely date for His birth. Palestine is very cold in December. It was much too cold to ask everyone to travel to the city of their fathers to register for taxes. Also the shepherds were in the fields (Luke 2:8-12). Shepherds were not in the fields in the winter time. They are in the fields early in March until early October. This would place Jesus’ birth in the spring or early fall. It is also known that Jesus lived for 33.5 years and died at the feast of the Passover, which is at Easter time. He must therefore have been born six months the other side of Easter – making the date around the September/October time frames.”

So, “tradition” surely need not be a barrier to choosing a more sensible time of year for staging our society’s biggest holidays — unless, we still want to make Christianity more appealing to the pagans among us and we are going to let the pagans dictate our schedules. Needing to have snow on the ground to be in a holiday mood seems, let’s be frank, a rather childish, and far too Northern-Euro-centric notion. We need to get over it — if only to help assure that as many of our loved ones as possible can travel in safety and with some assurance that they will arrive and depart when planned. As a bonus, we wouldn’t have to dig our cars out, before heading (in bulky, hot clothing unsuitable for indoor shopping), on treacherous roads with ineffective defrosters, to mall parking lots cluttered with space-stealing snow banks.

update (Dec. 21, 2008): Encore post “let’s move Christmas to May“.

red bows decorate
the ‘Closed for the Season’
sign

…… by Hilary Tann, in Holiday Haiku from Schenectady (Dec. 2007)

For now, we’re stuck with Christmas in December. If the current storms are impacting negatively on your holiday spirits or plan today, or you simply want to amplify your Christmas-season joy, click on our newly-created collection of “Holiday Haiku from Schenectady” (December 2007), which has two dozen poems written by three haijin who hang out in Schenectady: Yu Chang, Hilary Tann, and myself. [They are presented in a Word Document that can be printed on both sides of a letter-size sheet and made into a tri-fold brochure.] A few of the haiku and senryu are sprinkled in a joyously seasonal mix throughout this post. Many thanks to Hilary and Yu for agreeing to join in this project.

December rain
a starlet
sheds her tears

……………… Yu Chang, haiga in Holiday Haiku from Schenectady (Dec. 2007)

warm yule
the ice-fishing hole
mostly hole

……………………. by david giacalone

replacing
the paperweight –
another snowstorm

……………….. by hilary tann

Christmas snow
my father’s footsteps
bigger than mine

………………….. by yu chang

Holiday Haiku from Schenectady” (December 2007) – real haiku & senryu by Yu Chang, David Giacalone & Hilary Tann, from Schenectady, NY, USA – click to print the free brochure.

.

December 13, 2007

w.a.s. legal news #1

Filed under: Haiku or Senryu,lawyer news or ethics,Schenectady Synecdoche — David Giacalone @ 11:11 am

Whether we’re reporting on dui cherry cordials and the motorist with the “wrong kind of hot chocolate,” or memorializing the hijinks of the Musty Money Mob, the widow sued for calling an aging counselor a “so-called lawyer,” the sad “man in a tree,” or the deadly argument over treating a seizure victim, f/k/a is known for sharing the strange legal news out of Schenectady, New York, and the nearby Capital Region. [And see the picture-frame burglar tale.] Now, thanks to the unveiling on Tuesday of the revamped, again-free Daily Gazette website, we can confidently begin a regular W.A.S. — Weird Around Schenectady — News roundup, letting you know when the Daily Gazette or other media sources in our neighborhood have uncovered remarkable stories from our local justice system.

after the verdict
the tireless lawyer speaks
in falling snow

first murder trial–
the D.A. arrives
in new gloves

…………………………………………. by Barry George, J.D.

Due to a minor slip-n-fall accident yesterday, the f/k/a Gang is nursing a bum arm and will have to start slowly (and visit a friendly orthopod) this morning, with just two tales out of criminal court.

W.A.S. News #1:

Hiring a Stripper Could Get You a Sex Offender Label: If James “Jed” Conboy, the D.A. in next-door Montgomery County gets his way, 22-year-old Greg L. Soucia will be slapped with the label Sex Offender for “using a stolen credit card to hire strippers.” The Gazette explains, in “Case is Montgomery County’s first under new sex law: Defendant must register as offender” (Dec. 13, 2007), that Soucia “is the first defendant in Montgomery County to be prosecuted under a new law that stiffens penalties for sexually motivated crimes.” Gazette reporter Edward Munger continue:

Soucia [of the Schenectady County village of Delanson] told an investigating deputy that he took a Visa credit card from inside the [burgled] house and while at the residence, he used the credit card to hire two strippers from Sheer Pleasure in Schenectady.

The investigation report states that the two strippers “performed in front of him for about an hour,” and charged him $600 for the service.

Since there was a sexual motivation for the crime, Conboy said, Soucia was prosecuted under the “Sex Offender Management and Treatment Act,” which became state law in April. . . . “If you commit a burglary and your goal is because of your own sexual gratification, it’s a sexually motivated felony,” Conboy said.

The law in question is the SEX OFFENDER MANAGEMENT TREATMENT ACT (Laws of New York, 2007, Chapter 7, Article 10), which our Division of Criminal Justice says “establishes an Office of Sex Offender Management and creates a new crime of a ‘Sexually motivated felony,’ and provides for enhanced terms of post-release supervision for all persons who commit felony sex offenses.” SOMTA’s § 10.03 gives us the following definition:

(s) “Sexually motivated” means that the act or acts constituting a
designated felony were committed in whole or in substantial part for the
purpose of direct sexual gratification of the actor.

Of course, I’m not an expert in criminal law like Scott at Simple Justice and Jeralyn at Talk Left, or professors Yung at Sex Crimes and Berman at Sentencing Law & Policy, but I’m going to go out on a limb and use some fancy legal terminology and analysis: No matter how much of a hard-on politicians have for sex offenders, “stiffening” the penality for crimes — and saddling people with the Sex Offender Label and all the consequent registration and supervisory obligations — whenever a prosecutor “proves” that a felony was motivated in “substantial part” for the defendant’s “sexual gratification” is simply un-American. It will throw a lot of cold water on a lot of immature male hormones. Increasing penalties because a person commits a non-sexual crime while presently or imminently horny, is a rather broad-sweeping approach to stopping sex abuse and sexual predation. Prosecutors should consider reading a constitution or two, or taking a cold shower, prior to drawing up charges under SOMTA.

D. A. Conboy told that Gazette, that in the absence of the sexually motivated felony, Soucia could have faced a prison term of one to three years. Instead, he faces a three-year determinate sentence with five years of post-release supervision.” As with the sex offender residency laws covered so often around here, I’ve got to say that, if this kind of law makes you feel more righteous and — especially — like you’re making our children and women-folk a lot safer, you appear to need a major reality check, and a significant boost in your EQ.

Final Note: A recent article in the Arizona Daily Star, “Arrest made in sexually motivated crime cases” (Nov. 2, 2007), suggests that law enforcement agencies may be applying the same over-reaching approach across the nation. The Tucson Police Department told the Star that: “a sexually motivated crime could include obscene phone calls, pictures or indecent exposure.

mid-argument –
Her Honor
catches me staring

……………………………………………….. dagosan

update (Dec. 16, 2007): Columnist Carl Strock of the Daily Gazette reported today that “Law creates new way to become a sex offender” (at B1, Dec. 16, 2007). Here’s a little of Carl’s analysis: “This means that if I, as a horny American crook, break into a house and steal money so I can wine and dine a woman I have my eye on, with a view to getting her into bed, she being entirely willing, I too would be a sex criminal, per New York law, and if the residents of Scotia, for example, learned I was later living on their block they would put up yellow caution tape on their hedges and would not allow their grandchildren to visit for fear I might attack while their backs were turned. Elected officials would flourish tape measures at public meetings to show how close I was living to innocent children.”

medbag Respected House-Call Doctor on Trial: Another story in the local news deserves a lot more attention than I can give it today, but should interest aficionados of either criminal law or health care reform. Dr. David Hornick, 64, was well known and appreciated for making house calls to his severely disabled patients, and basically operating out of his “mobile pharmacy” car. He was arrested 18 months ago and charged with serious drug-dealing crimes (see “Doctor Charged With Stealing Pills From Patients” (North Country Gazette, June 7, 2006). He is now, however, facing “only” eight misdemeanor counts, alleging he illegally possessed painkillers and failed to document them properly. You can get a good taste for the story from the Daily Gazette, in “Defense calls prosecution of doctor a ‘witch hunt’: Hornick accused of mishandling meds” (Dec. 12, 2007), and in the Albany Times Union, “House call doctor may take stand in drugs case” (Dec. 12, 2007).

Here’s how the Gazette described the government’s approach to the case:

Prosecutor Michele Schettino portrayed Hornick in her opening statements as a doctor who didn’t follow strict rules for handling, dispensing and destruction of such medication. That medication included morphine, Oxycodone and Fentanyl.

“This case is about one man who thinks his license to practice medicine extends to him a blanket shield from criminal prosecution,” Schettino told the jury, “and a blanket shield to disobey the law.”

The Fentanyl patches found in his trunk, according to testimony, were sealed, but not in their normal boxes and did not include the required information about where they came from.

Hornick’s attorney had quite a different take, per the Gazette:

In his own opening statement, defense attorney Joseph Gardner called Schettino’s account of the evidence “quite optimistic” and the prosecution a “witch hunt.” The evidence, he said, does not support the charges. “This is persecution, rather than prosecution,” Gardner said.

Hornick, he told the jury, has practiced medicine for nearly 40 years and runs an unconventional practice. He sees severely disabled patients, many of whom suffer tremendous pain. The drugs, Gardner told the jury, were for his patients.

That, Gardner said, is something that he is allowed to do under the law. The investigators from the state Bureau of Narcotic Enforcement don’t understand that, he said.

If convicted, Hornick faces up to a year in jail. The effect on his ability to practice medicine is unknown (at least to me and the local reporters).

his side of it
her side of it
winter silence

………………. Lee Gurga – from Fresh Scent (1998)

update (Dec. 18, 2007): Dr. Hornick was convicted yesterday on on seven misdemeanor counts of illegally possessing and dispensing prescription painkillers. According to the Daily Gazette, in “Doctor found guilty on drug counts: Jury’s decision surprises Hornick” (Dec. 18, 2007), “The decision came as a surprise to Hornick, who could have pleaded guilty to one count of misdemeanor improper record-keeping before the trial began. Hornick refused the deal, saying he would bring the issue to trial “no matter what.” His lawyer, Joseph Gardner says Hornick will appeal. He will remain free on bail until his sentencing, set for Feb. 12. He faces up to two years in jail or $7,000 in fines.

update (Dec. 19, 2007): Should Dr. Hornick be allowed to continue his medical practice? Schenectady D.A. Robert Carney seems to have the right approach. See “Prosecutor: Niskayuna doctor should keep license” (Daily Gazette, Dec. 19, 2007). “What they ought to be looking to do,” Carney said of the state Department of Health’s Office of Professional Medical Conduct, “is allow him to continue practicing, but ensure that he follows the rules.” According to the Gazette, “A [Health Department] spokeswoman said a criminal conviction itself was considered misconduct. What consequences there would be could be determined after a hearing.”

update (July 3, 2008):  See the Daily Gazette article, “Doctor fined over drugs in trunk of car: Judge says case is about following rules” (July 3, 2008)  Although he did not fault Dr. Hornick’s motives, City Court Judge Vincent Versaci decided that there had to be a punishment because rules were broken. The District Attorney had asked for no jail time, but wanted the maximum fine to be imposed, $4000. The Judge imposed a total fine of $1,000.  Defense council Deborah Feathers indicated that Dr. Hornick plans to appeal to County Court.

We’re pleased that no jail time was imposed, and that Judge Versaci, according to the Gazette, “also admonished Hornick for his practice of keeping medication in his car [where they could be readily stolen], especially the powerful painkillers.”  The state Office of Professional Medical Conduct will consider sanctions against the 65-year-old Hornick because of the conviction, but both the District Attorney and the Judge hope the doctor will be able to continue the practice of medicine.

don't forget To Help Your Favorite Holiday Hostess: We usually only “do” haiku-like poetry around here, but I really want to share a poem I discovered yesterday. It’s from the book Selu: Seeking the Corn-Mother’s Wisdom, by Marilou Awiakta (Fulcrim Publishing, 1993). Flipping through Selu yesterday at the Whitney Used Book Store, I found the following brief verse that underscored my traditional pangs of guilt this time of year — when I notice that my female friends and kin seem to be doing almost all of the preparations for the holiday season.

Awiakta says “I think most of what I learned about being a woman and a poet can be summed up in one poem.”

On Being a Female Phoenix

Not only do I rise
from my own ashes,
I have to carry them out!

As Ann Althouse said yesterday in a different context, “I hear you,” working women and female poets of the world. dagosan shared a similar sentiment recently:

men washing dishes –
an early alarm
ends her Thanksgiving dream

………………………………………. dagosan

December 12, 2007

more Savage politics for schenectady county

Filed under: q.s. quickies,Schenectady Synecdoche — David Giacalone @ 7:09 pm

ooh We interrupt a planned piece of good news — about the new, once again free Schenectady DailyGazette.com website — to acknowledge the downside of having better, day-long access online to news about Schenectady: You get the bad news even faster. To wit:

Savage headed for third term as legislative chairwoman” (Daily Gazette, Dec. 12, 2007). Breaking online news this afternoon squelched any hope that we had that some “real” Democrats, with real backbones, would reclaim the Schenectady County Legislature and unseat Susan Savage, when they chose a new Legislative Chair this January, under Sec. 2.06.8 of the County Charter. According to the Gazette:

“County Legislator Susan Savage is expected to win another two-year re-appointment as chairwoman of the Legislature during its organizational meeting Jan. 1.

“The Niskayuna Democrat’s appointment would be her third as leader of the 15-person Legislature, heading an 11-member caucus of Democrats.

“Democrats unanimously selected Savage for chairwoman during a recent caucus, said Legislator Vincent DiCerbo, D-Schenectady. ‘She is a strong leader,’ he said.

“DiCerbo also said Democrats appreciate her prominent role in “enticing Ray Gillen to come to Schenectady County.”

The fact that Susan Savage rammed through the preposterously unconstitutional Sex Offender Eviction law last summer and its faulty amendments, and thereby helped lose the special election to the State Senate, and has since then stuffed the Sex Offender Council with her clones and created further disdain for the Legislature, and engaged in lots of other high-handed conduct (e.g., vis-a-vis the Community College music department) that makes regular folk wince — while she is delusional enough to think she should be elected to Congress to replace Mike McNulty — should of course just be ignored by the Caucus.

encore (from Oct. 26, 2007): A truly scary Halloween scenario from today’s Schenectady Daily Gazette — an All-Susan-Savage Sex Offender Council.

What I need to know is Just What Are Your Afraid Of? You are elected officials, and don’t have the excuses that timid civil servants and managers might have.

I want the public to know that former judge Michael Eidens, although elected as a Democrat and respected throughout the community, has been treated like a pariah by the Democratic Caucus since he spoke out against the Sex Offender laws. Indeed, although Mr. DiCerbo told the Gazette that the caucus met and unanimously chose Savage to again chair the Legislature, Mike Eidens was not present and indeed had never heard about the vote until I called him late this afternoon to ask him about it.

DiCerbo says they chose Savage unanimously. I say they chose Savage pusillanimously. And our Democratic leaders are asking for a revolt within the party by people with a conscience, a brain, a heart, and a spine. There are a lot of us.

update (Dec. 29, 2007): Fans of integrity and thoughtful law-making received another blow yesterday, when we learned that Mike Eidens was resigning his position on the County Legislature as of January 1, 2008. See “Niskayuna legislator resigns: Eidens takes job as judicial hearing officer” (Daily Gazette, by Kathleen Moore, Dec. 29, 2007). Eidens’ new role as a New York State judicial hearing officer prohibits political activity such as serving on the legislature. As the Gazette reported, Eidens was “One of the two Democrats on the Schenectady County Legislature who opposed the controversial legislation restricting where sex offenders may reside” and the only one to vote against the revamped version of the law, which he believed to be “fundamentally flawed.”

We’ve reported that Eidens’ decision to oppose the sex offender laws earned him ostracism by the Democratic caucus. So, one can only smirk at the response of Susan Savage to Mike’s resignation. The Gazette notes Savage “did not mention his defection on that issue in her statement about his resignation.” She did say “Mike Eidens has been a valued member of the County Legislature.” and — with even more than usual political irony — “His expertise in legal issues was very valuable to the County Legislature and will be missed.”

December 5, 2007

wendy cook’s plea deal gives her another chance at rehabilitation

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 1:38 pm

Wendy Cook Update: There’s a new chapter in the sad story of Wendy Cook, the 37-year-old daughter of Funny Cide owner Jack Knowlton, who was charged with performing sex acts and snorting cocaine with her then 2-month-old son and 5-year old daughter in the back seat of her car.

Cook was arrested in a bizarre prostitution sting in Schenectady in early October (see our prior post; scroll down page). According to Channel 13 in Albany, NY, in its noon report “Mom facing sex, drug charges takes plea deal” (WNYT.com13, Dec. 5, 2007):

“Felony charges against Cook were reduced to misdemeanors Wednesday. She is now charged with reckless endangerment and endangering the welfare of a child.

“Under the plea agreement she will spend nine months in a residential treatment center.”

For Ms. Cook’s sake and that of her children and entire family, we wish her the best of luck. If I had represented her children in this case, I surely would have agreed with this outcome.

update (Dec. 6, 2007): Today’s Albany Times Union provides further explanation about the plea and the reasoning behind it (see “Mother pleads guilty to endangerment charges: Wendy Knowlton Cook, 37, snorted cocaine off newborn son’s stomach, police say,” Dec. 6, 2007), saying that “As part of a plea deal, Cook must complete a rehabilitation program in Sullivan County which could last up to two years. Cook faces two years in prison if she fails to complete the program, according to Schenectady County District Attorney Robert M. Carney.” In addition:

“I understand why police investigators were so outraged by Ms. Cook’s conduct, but unfortunately, there was no provable felony here,” Carney said in a statement released by his office. “She was prostituting herself for drugs and using them in the presence of her children, but since no drugs were recovered, no drug charges could be brought.

“Police charged her with reckless endangerment in the first degree which requires proof that her driving created a grave risk of death,” he said. “Police did not see her driving, she did not have an accident, and no one was injured.”

update (April 30, 2008): See “Cook answers to probation violation” (wnyt.com, April 29, 2008).

update (May 30, 2008): See “Mother to be sent to drug rehab” (Daily Gazette, May 30, 2008) “Knowlton-Cook’s attorney, Jake Hogan, explained that her earlier reluctance [to continue in rehab] was that she couldn’t find a program that would allow her to continue to see her children. A program has been found, the DayTop facility in Rhinebeck, Hogan said.”

afterwords (Nov. 8, 2008): Read about Wendy getting her kids back and receiving probation, by scrolling down to the second topic at this post, dated Nov. 8, 2008.

home for Christmas: holy family.
my childhood desk drawer
empty

first Christmas –
our baby sleeps through
the unwrapping of his gifts

………….. by Michael Dylan Welch ..
“home for Christmas” – from Open Window – haiku & photo
“first Christmas” – frogpond XXIX: 2 (2006)


“easy to assemble”
I put it back and
grab a teddybear

…………………………………. by dagosan

December 3, 2007

“good cops” and the blue code of silence

Filed under: Haiku or Senryu,Schenectady Synecdoche,viewpoint — David Giacalone @ 2:49 pm

Our disdain for the Omerta Code among lawyers — the legal profession’s wide-spread Code of Silence and willingness to overlook the transgressions of its members, and its failure to diligently regulate itself — is no secret. [See, e.g., our discussion of the Silent Associate (concerning the 2004 Connecticut case Daniels v. Alander); ; the great contingency fee cover-up; and lawyer discipline and disclosure issues.] But, our motto “sometimes, silence is not golden (it’s yellow),” is perhaps even more appropriate, and the stakes are surely more important, when the tribal silence and guild secrecy is perpetrated by the very people society trusts to fairly and effectively enforce its criminal laws — the police. (But, see, our May 2004 post “scandal-ridden cops more popular than lawyers“)

in her silence
the tea kettle
announces winter

his headstone
rises with the moon
above the silence

………………………………….. by Andrew Riutta
“his headstone” – Full Moon Magazine (2005)

That’s why I want to draw your attention to a column written yesterday for the Schenectady, NY, Sunday Gazette, by its venerable, inveterate, often pointedly insightful, curmudgeon, Carl Strock. It’s called “Open letter to Sch’dy’s good cops” (Dec. 2, 2007). Here are some prime excerpts, which I hope will motivate you to read Carl’s entire piece, no matter where you live (emphases added):

StrockCarl Dear Good Cops,

I’ve heard a lot about you over the years, about how you greatly outnumber the supposedly “few bad apples” in the Schenectady Police Department, . . . so I’m writing to you directly to offer my regards along with a few suggestions.

You probably know who you are. You are the officers who go about your jobs honestly and conscientiously. . . . . You do the job that you are paid to do, without cheating, as indeed many other people do, and I salute you for it.

But here’s what I wonder about. We always hear about how brave you are, about how every day you lay your lives on the line for the rest of us, and yet you don’t seem to be brave enough to stand up to the laggards, the cheats, the crooks, the bullies, the malingerers, and occasionally even the criminals that you work side by side with. How is that?

How come you don’t have the courage to denounce and expose them? . . . It shouldn’t be difficult if you constitute a majority. . .

How come you keep quiet? And not only keep quiet, but sometimes, when one of your own is arrested and plausibly charged with criminal behavior, you make a show of defiant support on the courthouse steps, brows furrowed and arms folded, and consent to your union funds being used to pay for the accused’s legal defense.

Let me guess one possible answer: You’re afraid your fellow officers will resent you and will no longer cover your back when you’re in trouble on the street. They’ll call you a rat.

That’s what I have often heard, and it may be true, but it does call into question the claim that you are a majority and the bad apples are few. . . .

Anyway, I’m eager to believe that most of the members of the department are good, but maybe I have a more expansive idea of “good” than simply doing the job one is paid to do and looking the other way when it’s convenient.

. . . Simply going along to get along, after all, is what low-lifers on the street do. Sure, facing down an armed drug dealer takes courage. But so does standing up for what’s right on the job.

My one nit to pick with Carl is his suggestion: “Act with the same vigilance and the same integrity that the good members of other professions exhibit when they find corruption in their ranks.” That’s because, as far as I can tell, no self-policing profession does a very vigilant job of exposing its own dirty laundry. Of course, that is no excuse — especially when the profession(s) in question has as its core mission preserving the effectiveness, fairness and justice of our legal system.

For more information on the current problems in Schenectady, see “City Council will analyze police report” (Daily Gazette, by Kathleen Moore, Dec. 3, 2007), which describes a grand jury formed after Detective Jeffrey Curtis pled guilty to stealing and smoking crack cocaine, much of it taken from his own vice squad’s drug evidence safe. The Report cites a “secret society” and “a dysfunctional continuum” that dated back decades. According to the Gazette, the grand jury “strongly suggested that better supervision and promotion by merit, rather than seniority, are needed to deal with the ongoing problems at the department.”

after the big flock
silence
geese flying north

the village of nondrinkers erasingSF
is silent . . .
plum blossoms

……………………. by Kobayashi ISSA, translated by David G. Lanoe

his side of it
her side of it
winter silence

…………. Lee Gurga – from Fresh Scent (1998)

update (Dec. 4, 2007): Scott Greenfield at Simple Justice augments the theme of this post today in “The Blue Wall Revisited (Again).” Scott blames the public’s state of denial over whether we have a problem, saying “we believe that they are there to protect and serve, regardless of the evidence to the contrary.” In a Comment at Simple Justice, I suggest that a large portion of the public condones excessive force used by police, and would be quite unhappy with a police department filled with nothing but Dudley Do-Rights. Looking the other way when “deserving” bad-guys get a little extra justice, sets the stage for out-of-control policing.

Meanwhile, at his New York Personal Injury Law Blog, Eric Turkewitz reported yesterday on ” Medical Malpractice and the White Coat of Silence,” which begins “A study released today shows that almost half the nation’s doctors fail to report unethical, incompetent or dangerous colleagues.”

.. You may be amazed, and surely will be disappointed by the information found in “POLICE CODE OF SILENCE: FACTS REVEALED, ” which was presented to the 2000 Annual Conference of the International Association of Chiefs of Police, by Neal Trautman, Director of The National Institute of Ethics. Here are just a few of the survey results revealed by Trautman:

Facts About Academy Recruits

Twenty-five basic law enforcement academies from 16 states took part in the research by administering and collecting 1,016 confidential questionnaires completed by academy recruits. The findings included that:

· 79% said that a law enforcement Code of Silence exists and is fairly common throughout the nation.

Facts About Current Officers erasingS

The sampling of current officers was comprised of 2,698 fulltime officers from twenty-one different states. . . .
· In response to “Please describe the first time you witnessed misconduct by another employee but took no action,” 46 percent (532) advised they had witnessed misconduct by another employee, but concealed what they knew.

· In response to the question “At the time of the incident occurred, what did you think would happen if you revealed what had taken place?” the five reasons listed most often were: I would be ostracized (177 times); the officer who committed the misconduct would be disciplined or fired (88 times); I would be fired from my job (73 times); I would be “blackballed” (59 times); the administration would not do anything even if I reported it. (54 times)

· 73 percent of the individuals pressuring officers to keep quiet about the misconduct were leaders.

erasingSF The Report offers many recommendations. Here a just a few of the important

Conclusions

1. The police Code of Silence exists.

4. The Code of Silence breeds, supports and nourishes other forms of unethical actions.

6. The Code of Silence in law enforcement is more dominant and influential than most other vocations or professions.

9. Whistle-blowers are generally not supported by the administration of law enforcement agencies.

15. The Code of Silence typically conceals serious law enforcement misconduct for years before the corruption is revealed.

16. Some officers who participate in the Code of Silence rationalize their behavior by convincing themselves that what they are doing is not actually hurting anyone, while others intentionally replace the facts with a self-serving version because it is emotionally painful to admit the truth.

17. The majority of officers who have been in law enforcement for several years have directly participated in the Code of Silence.

18. The Code of Silence is prompted by excessive use of force incidents more than for any other specific circumstance.

22. The Code of Silence and the “Us versus them” phenomenon often bond together.

32. The “rotten apple” theory that some administrators propose as the cause of their downfall has frequently been nothing more than a self-serving, superficial façade, intended to draw attention away from their own failures.

See, also, Walking With the Devil: The Police Code of Silence (2004) by Michael W. Quinn

For additional illuminating materials on the problem of police and their Code of Silence, see:

  • POLICE CULTURE AND THE “CODE OF SILENCE,” by John Westwood, Ph.D (re: British Columbia, Canada)
  • Cracking the Code of Silence” by Stephanie Salter, San Francisco Chronicle (March 9, 2003), which begins “The public face of the San Francisco Police Department is angry and indignant in the wake of grand jury indictments of Chief Earl Sanders, his assistant chief, three deputies and five officers.”
  • Police Stress: Code Of Silence,” by Ronald Terry Constant. which has a good discussion of Tribal Values.
  • Finally, learn more about the most famous cop whistle-blower, Frank Serpico.

open mic
the silence after
a haiku sequence

death register
nothing fills silence
as the ink dries

……………… Matt Morden – Morden Haiku

As Martin Luther King, Jr, said in his famous Letter from the Birmingham Jail, “We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people.”

silence
the baby finds
the breast

……………………. Yu Chang from Upstate Dim Sum

A clear hot day
the silence
behind the butterfly

………………………………. by Rebecca Lilly, from Shadwell Hills (Birch Prees Press, 2002)

November 5, 2007

what’s a “lunch-pail lawyer”?

Filed under: Haiku or Senryu,lawyer news or ethics,Schenectady Synecdoche — David Giacalone @ 1:15 am

I like to call myself a lunch pail lawyer.” Rich McNally

Rich McNally is a lawyer who’s running, as a Democrat, to become the District Attorney of Rensselaer County, New York (which includes the City of Troy, here in the NY Capital Region). His opponent is Republican Greg Cholakis. The current District Attorney, Republican Patricia A. DeAngelis, is leaving the office in disgrace (see our post from Jan. 2006, “admonish D.A. DeAngelis“). The most remarkable thing about the McNally-Cholakis race is that both candidates are amply experienced and well-respected — due mostly to the fact that the Rensselaer County Republican Party machine, dominated by Senate Majority Leader Joe Bruno, has finally (“out of desperation“) chosen someone other than a politically-connected hack or spoiled scion to run for the office.

McNally vs. Cholakis [The Troy Record]

As TU columnist Fred LeBrun put it last May, “[E]ither way, Rensselaer County won’t be embarrassed by its district attorney. Isn’t that remarkable?”

For the record, the Albany Times Union endorsed Cholakis last week, saying “While we recognize the value of Mr. McNally’s experience, in our view the more important issue is which candidate offers the best hope of restoring order, trust and integrity to the district attorney’s office. On that basis, we endorse Greg Cholakis.” And, The Troy Record endorsed Cholakis this morning, preferring his plan to serve solely in an administrative role and no longer try cases, as well as his “passion for justice” and “progressive ideas,” but stating that “When Rensselaer County voters go to the polls on Tuesday, they will find two decent, capable men vying for the position of county district attorney.”] update (Nov. 6, 2007, 11:50 PM): With all precincts reporting, Cholakis leads by only 213 out of 36,683 votes (Albany Times Union); The Troy Record reports there are 2000 uncounted absentee ballots that will decide the election. update (Nov. 7, 10 PM): The race is still too close to call, but tallying mistakes were discovered that put McNally 202 votes ahead of Cholakis. see FoxNews23. update (Nov. 9, 2007) see Troy Record, “McNally has edge in DA’s race – for now.”

final election update (Nov. 16, 2007): McNally wins! See our post “McNally to be the Lunch Pail D.A.

Indeed, I wouldn’t be writing about the race now, except that my interest has been aroused by a phrase I kept hearing in McNally’s tv ads and seeing in newspaper stories. Rich McNally keeps saying:

I like to call myself a lunch pail lawyer.”

A fan of interesting turns-of-phrase, and all-around curious guy, I decided that I just had to discover what the unfamiliar term meant. However, when I Googled “lunch pail lawyer,” there were only four results, all relating to McNally’s campaign. It didn’t help that a reporter at the Troy Record got tripped up on a homonym and had McNally referring to himself, at the candidate debate, as a “lunch pale lawyer.” (“District attorney candidates square off,” by Danielle Sanzone, October 4, 2007). That rendition, with its suggestion of a Casper Milquetoasty kind of D.A., could not be what McNally had in mind — especially since both candidates have been far too professionally-dignified for McNally to be pulling the ethnic card against Cholakis with his self-sobriquet.

Of course, I do not even want to speculate on what a “lunch pal lawyer” might be.

coming to lunch
on the sleeping man…
mosquito

the farmer’s lunch
dangles…
on the scarecrow

……………………………………. by Kobyashi Issa, translated by David G. Lanoue

With little else to go on from within the legal profession, I decided to go directly to the source. At his campaign website, Rich McNally explains his use of the term:

“I like to call myself a lunch pail lawyer.

“The work of the prosecutor starts with the fundamentals.

“Hot dog lawyering and courtroom histrionics are the mark of an unprepared prosecutor. Blather and bluster do not win convictions; good sound case building, diligent preparation and vigilant watch for the unexpected wins convictions.” (And see, Times Union, “McNally launches bid for Rensselaer County DA,” June 12, 2007)

  • He has also said: “[Being district attorney is] a lawyer’s job. It’s not grandstanding. I call myself a lunch-pail lawyer, and what I mean by that is that I don’t want to be seeking headlines. I don’t want to be a media star. I want to be like the guy that plows the road in the winter. You’re not going to know my name unless I’m not getting the job done.” “Rensselaer Co. DA race is one to watch” (WNYT.com, Oct. 30, 2007)

Frankly, Rich’s explanations left me with an unclear picture and more questions — especially after visiting The LunchBox Pad (and its timeline); the Smithsonian’s Taking America to Lunch exhibit; Aladdin Company; Wholepop.com’s “Pailentology: a history of the lunchbox“; and The Lunch Pail fast food diner (with its photo album); and after finding this little item at McNally Books and eBay. For example:

lunch alone
without a book
i read my mind

…………………………..…………………… by tom clausen

…………………………… Gunsmoke?

Or Return of the Jedi, instead?

easter snow
a piece of egg shell
in the sandwich

…………………………………… by DeVar Dahl from A Piece of Egg Shell (Magpie Haiku Press, 2004)

last sandwich
from the loaf
the two ends

……………………………… by Tom Clausen – Upstate Dim Sum (2005/II)

  • Or, although McNally contrasts himself with D.A. DeAngelis, and insists he will follow the rule of law, with justice more important than any convictions rate, is he secretly a Kiss lunch pail (1977) lawyer, or heavy-metal, Marilyn Manson “I’ve got my lunchbox and I’m armed real well!” kinda guy?

lunch at the zoo
even among gorillas
some who sit apart

…………. by Peggy Lyles from To Hear the Rain (Brooks Books, 2002)

– Or, maybe a Knight Rider prosecutor (1981)?

. . . . . but surely not a Rambo

business lunch
starts with a compliment –
he raises his knife

………………………………….. by dagosan

Of course, when a candidate uses a phrase repeatedly in his ads, he is counting on the public drawing on its own understanding of the phrase. Undaunted in my quest, and wondering what connotations the term might have for voters, I soon discovered while Googling that “lunch pail player” is a sports cliche. Web surfing allowed me to compensate a bit for my sport-less lifestyle, and to learn that “lunch pail player” is used in many contexts, including:

  • hockeyIslanders Glenn Healy: “He was not blessed with Patrick Roy, or Dominick Hasek stats, but you can see that he was a blue-collar lunch pail player, who always gave his 110% every time he stepped out on the ice.
  • baseballG Baseball: 1) Arthur Rhodes is a “lunch pail player…meaning he gives all he can, and more…” 2) Per the PawtucketTimes.com (April 4, 2007), Jim Rice — “arguably baseball’s most dominant offensive force during his heyday” — “never looked for the spotlight. He was a superstar who acted like a lunch pail player.”
  • Football: 1) Jonathan Goodwin, 6-2, 290, Michigan is a “Lunch-pail player who plays well in space and can take on linebackers. Typical Michigan lineman . . . Isn’t real explosive or athletic. [from Sporting News] 2) NY Giants Jim Burt (per the New York Times) —

quarterback“Jim Burt,” said Coach Bill Parcells, ”runs two quarts low.” To which Burt replies, ”Bill Parcells runs a little low, too.” Actually, Burt is one of the coach’s favorites. Despite a new contract that will pay him $325,000 this year, Burt is a blue-collar, lunch-pail player whose success has come from hard work. That has been his hallmark since his first days with the Giants as an undersized rookie free agent.

3) Buffalo Bills ninth-year man Jason Whittle, whom Buffalo signed to a one-year, $1 million deal in free agency. . . is definitely not great, but he’s a so-called lunch-pail guy who does whatever the coaches ask, and he normally fares at least decently. 4) Per NorthJerseySports.com, “Looking at him, high schooler Cervini is not the eye-candy quarterback. He’s not 6-foot-3, 215 pounds (more like 5-11, 190), he’s doesn’t have the rifle arm, and he’s not a 4.5 40-yard dash guy. He is what coaches like to call a lunch-pail player, the type who will outwork you and maximize his potential.

  • basketball – 1) San Antonio spurs: Their nominal center Fabrico Oberto has become an indispensable lunch-pail player who sets perfect screens and seals off his man under the basket. 2) Lunch Pail Player of the Year (Blue Collar Athlete)–Mike Allocco-South Plainfield; 3) And, NBADraft.net says that

bballGuys “Adrien is the definition of a lunch pail player. He fights for every rebound, every loose ball, and puts his heart into everything he does on the court .”

4) And girl’s hoop MVP from Pinole Valley Marnique Arnold . . . is a classic lunch pail player, doing all the dirty work for the Spartans. She can score, rebound, handle the ball and play defense, but it’s her all-out hustle that really stood out.

boy shooting baskets–
deep snow piled
all around him

………………………. by lee gurga from Fresh Scent

  • tennis – Jim Courier [Tennis.com, “40 Greatest Players,” May 2006, photo by Michael Cole/Getty Images]

“The small-town roots, the baseball cap, the nose-to-the-grindstone work ethic— Jim Courier was red-blooded Americanism personified. He used his inside-out forehand to muscle the ball around the court like no player before him. Courier made you tired just watching the effort he put into his strokes. Not surprisingly, his blue-collar game gave rise to the knock that he wasn’t talented but simply worked hard. “That’s the biggest compliment anyone could give me,” the Florida native once said. . . . Yet the image of Courier as the lunch-pail player endures, especially when he went up against flashier rivals like Andre Agassi. It was easy to imagine Courier muttering beneath those sarcastic smirks, “You can have the girls and jets. I’m here to win. Now get out of my way.” –JAMES MARTIN

Finally, outside of the sports context, we see this analysis of Misha Siegfried, guitarist for the Milawaukee rock band Fire on Your Sleeve:

“[U]nderstated guitar lines are not a display of pyrotechnics, because they do not have to be. Siegfried is a ‘lunch pail’ player: nothing too fancy, but plays all the right notes. ‘I’m all about the nuance,. Siegfried says.” (OnMilwaukee.com]

touchdown
momentum shifts
to the bookie

Indiana farm
one tractor
three hoops

……………………………. ed markowski

Tracking the public’s use of the term has given me a better understanding of the “lunch pail” moniker. It symbolizes hard work, out of the spotlight, without flash. And, always with deep blue-collar roots.

Of course, before the first true kids’ lunch box came out, “a lunch pail wasn’t chic — on the contrary, it was a sign you were far enough down the pay scale that you didn’t have time or money for a decent hot noontime meal.” See Paileontology.

As the Smithsonian’s Lunch Box exhibit explained, in Taking America to Lunch, “American industrial workers have often carried their lunch in plain metal buckets. Since the mid-19th century, miners, factory workers, dock hands, and other laborers have used sturdy dinner pails to hold hard-boiled eggs, vegetables, meat, coffee, pie, and other hardy fare. In 1904, “thermos” vacuum bottles began keeping workers’ drinks hot or cold until the noon whistle blew.”

This interpretation underscores the original sneaking suspicion that I had about Rich McNally’s embrace of his lunch pail credentials and aspirations: he’s contrasting his humble roots with the privileged background of his opponent. Greg Cholakis has served 14 years as a staffer in the county Office of the Public Defender. But, he goes to work in a courthouse named after his father, and his sister is currently a Family Court judge. As the Albany Times Union pointed out:

“Yes, his father, Gus, was a highly successful district attorney, and later a well-respected federal judge.

“That gives him name recognition, but Greg Cholakis, in our view, isn’t running on his family name.”

Rich McNally lives in the pleasant Village of Valley Falls with his lawyer-wife and two young children. He graduated twenty years ago from St. John’s University School of Law, has a comfortable private practice with Holbrook, Johnston, Tate & McNally, in Hoosick Falls, and was recently President of Rensselaer County Bar Association (2005 – 2006). He also stays fit with the very middle-class/professional pasttimes of “cycling, swimming, skiing, and hiking and winter mountaineering.” (see his resume) Nonetheless, McNally — a native of far-away Syracuse, NY — can’t match the aura of Rensselear royalty that goes with the Cholakis name — especially since it is a name synonymous with integrity and lawyering excellence.

So, the “lunch-pail lawyer” designation is surely a bid to win over the blue collar voter in Rensselear County — those who feel left out of the economic optimism that goes with the TechValley designation and the County slogan, “A Climate for Growth.” Here’s how McNally describes his background, on the About page of his website (prior to introducing the “lunch pail” theme):

I come from a family of eight children; I have five sisters and two brothers; Our parents worked hard to provide for us. Raising eight children was not easy. We weren’t by any stretch of the term “wealthy”.

And what I learned most from my parents is that hard work and self reliance are their own reward. Don’t rely on the laurels of those who came before you. That is vanity.

There’s nothing cynical about this approach (and it surely fits in with the base of the Democratic Party). Furthermore, our profession and our clients would surely be much better off if we had more lawyers with the work ethic of the “lunch pail lawyer.” And, there is no doubt that a District Attorney’s office needs a lot of assistants with those attitudes and habits.

I’m not sure, however, that a District Attorney should limit himself or herself to that nose-to-the-grindstone lead prosecutor role, or to a steady diet of “out-of-the-spotlight” self-effacement. Rich McNally says he wants to be actively involved with the community and that “We all have a tremendous responsibility to give our young citizens the sense that they belong.” A little razzle-dazzle and star power — especially when accompanied by the reality of honest sweat and integrity — could go a long way toward making the community proud of its prosecutorial team and secure in the hands and heart of its chief law enforcement official. Maybe baseball great Cal Ripken is a helpful role model:

“Ripken came to work every day. He’s the iron man who shattered a record no one thought could be broken — 2,632 consecutive games. He was never a lunch pail player — he was an all star, has a World Series ring and so on — but work was what it is all about. Not flash, not a super homerun season, not a special chair in the clubhouse, not grand juries and mistresses, just work — excellent work, sometimes great work, often clutch work, but work.” (from the BioHealth Investor weblog, July 10, 2007)

What’s a “lunch pail lawyer”? Your definitions, along with examples of lawyers who personify the notion, would be appreciated. If the pundits are right, Greg Cholakis will be the next Rensselear County District Attorney, so we may not get a chance to see how Rich McNally would personify that designation as D.A. He will, I hope, nonetheless continue to show us how lunch pail lawyering gets the job done right for his private and public clients.

I’ve enjoyed exploring the notion, and hope you have, too.

Afterthought (Nov. 9, 2007): Troy, NY, where the new D.A. of Rensselear County will have his office, is the home of Sam Wilson, the meat-packer who became known as Uncle Sam to the soldiers who ate his rations during the War (and later famous as the recruiter who so badly Wants You). Given Troy’s historic connection to luncheon meats, I was hoping to locate an Uncle Sam lunch pail for Rich McNally. So far, no luck — despite discovering that Uncle Sam helped out with a Safe Kid’s Lunch Box Campaign back in April 2006, and finding lots of Uncle Sam collectibles, (from costumes, to cash registers, to life-sized Stand-ups, to salt-n-pepper shakers). My hopes were falsely raised by this YouTube clip of the band Lunch Box doing their song “Uncle Sam.” Unless our readers can point Rich to a ready-made version, he’s going to have to use a little Blue Collar hustle and Make His Own lunch box, using drawings, photos or decals of Uncle Sam (perhaps with some help from the Sesame St. gang).

a three-engine freight train
delays lunch –
two stomachs rumble

…………………………………………………. by dagosan

[“Buccaneer” the first domed lunch box]

p.s. There are a lot of great memories for Baby Boomers at several lunch-box-oriented websites, such as The LunchBox Pad; the Smithsonian’s Taking America to Lunch exhibit; and Wholepop.com’s “Pailentology: a history of the lunchbox“. Check out, for example, the Lunch Box Pad IQ Test and Glossary.

You don’t have to be Walter or Ted at Overlawyered.com to be intrigued with the myth/riddle of the Florida Metal Lunch Box Law. See Bryan Los’ article at LunchBoxPad.com, “Florida Lunch Box Legislation: Law or Lore?“, which begins, “Anyone who collects lunch boxes has frequently come head-on with the fact, or so-called fact, that in 1972 Florida banned the sale of steel lunch boxes. This fact has been widely accepted, and to my knowledge, never proved or disproved.” It continues:

“The story goes… In 1971-72, a concerned group of parents, mostly mothers, decided that metal lunch boxes could actually be used as weapons in school-yard brawls. Losing sleep over the fact that their son/daughter may be on the receiving end of a Bobby Sherman lunch box assault, these parents got petitions signed, and marched all the way up to the Florida State Legislature, and demanded ‘safety legislation’ be passed.”

With a little lunch-pail-law-student research effort, I bet there’s a fine law review article waiting to be uncovered inside those rusty old lunch buckets.

Disney School Bus (1957) – the biggest seller of all time.

Update (Nov. 29, 2007): I’m pleased to report that Rich McNally sent me a friendly and informative email on Nov. 22, 2007, that answers some of the questions asked above:

Fun Stuff David. The term “lunch pail lawyer” was coined about 15 years ago. A bunch of us get together around the holidays and enjoy a little holiday cheer. We call ourselves the Downtown Troy Lunch Pail Bar Association, we meet once annually, or as requested by the various members. Membership is by invitation only.

We are all hard working stiffs who get the job done without a lot of razzle dazzle, no 1-800-Law etc guys in this bunch. We stole the phrase from John Madden, the footbal coach/commentator.

s/ Rich McNally

FYI I have a Coleman mini cooler type lunch box.

For more on Rich’s lunch pail of choice, click here.

November 4, 2007

SORRy in Schenectady

Filed under: Haiku or Senryu,q.s. quickies,Schenectady Synecdoche — David Giacalone @ 10:20 am

to Petta, DiCerbo & Hughes: SORRY, GUYS, I’m a Democrat, but . . .

. . . I remember your votes this past summer in favor of the Schenectady County SORR laws (Sex Offender Residency Restrictions) — both their initial passage and your decision, upon reflection, to confirm the basic residence ban and establish a horse-behind-the-cart Sex Offender Council to study the issue. [see, e.g., Schenectady’s PanderPols Vote to Evict Sex Offenders (June 13, 2007), and Schenectady’s (d)evolving Sex Offender Law (Aug. 23, 2007)]. You say “Schenectady is Moving in the Right Direction,” but “Sex Offenders Keep Moving” is not a legislative record that should make you proud. Frankly, there is nothing else that comes to mind when I try to figure out just what you’ve done for our County over the past four years that entitles you to re-election.

Reluctantly, I’ve concluded that your SORR votes are reason enough to withhold my vote on Tuesday, as you seek re-election to the County Legislature, and I hope other Democrats will join in — showing up at the voting booth but sending our silent message of “no confidence” and “No thanks for SORR.” I’m probably not willing to vote for your Republican opponent, but I will not pull the lever under your names on Election Day.

— Paul Michael Petta was apparently all set to vote against SORR early on the day the vote was taken last June. He somehow had his arm twisted, however, by Legislative Chair Susan Savage and meekly voted for the ineffective and counterproductive laws.

Affable Vince DiCerbo voted to retain the residency restrictions, despite knowing they are bad policy and likely to be counterproductive. As I said in August about Vince: “One Albany politician’s political posturing provoked a Schenectady politician to change position and vote for a law that he admits is bad in theory. A sad example for our children, and for impressionable adults.”

— In voting for SORR, Gary Hughes stressed his desire to protect children. Governing by cliche and slogans is not good enough, Gary.

I hope this Just Say No to SORR protest will give Vince, Mike and Gary some ammunition the next time they need to defend positions opposed to the high-handed methods and low-EQ policies of their leader Susan Savage. More important, I hope — if they somehow still need further incentives– that it is the nudge that will bring them to choose a new Legislative Chairman this January, under Sec. 2.06.8 of the County Charter. We citizen-members of the Democratic Party in Schenectady County want our elected leaders to start acting like Real Democrats — in their policies and their procedures, as members of the County Legislature.

erasingS By the Way: The Schenectady County Democratic Party‘s official website promises “detailed information” about the candidates, but clicking on the above links gets you a photo and one word of detail about each of the incumbents. A In fact, it is the same word for each candidate: “dedicated.” In practice, dedicated to keeping Susan Savage happy seems to be the theme. We need to let them know that their strategy is wrongheaded, and growing a spine for standing up against Susan would be advantageous. [Note to SCDP’s webmaster: the gentlemen above are members of the County Legislature, not the “County Board.”]

Here’s a Sunday antidote to stale, rudderless, spine-challenged Schenectady pols: some new, hearty poetry by Schenectady’s most-honored haiku poet, Union College’s Professor Yu Chang:

unmarked grave
butterflies in and out of
the long grass

Thanksgiving
I promise to take care
on the road

home theatre
a squirrel just left
the feeder

video chat —
touching the gap
in her baby teeth

blue heron
all paddles
at rest

…………………………………………… by Yu Chang – from Update Dim Sum (2007/II)

October 24, 2007

hauntingly familiar: pols, sex offenders and Halloween

Filed under: Haiku or Senryu,Schenectady Synecdoche,viewpoint — David Giacalone @ 10:59 am

After writing seventeen lengthy pieces since June about ineffective and unconstitutional sex offender residency restrictions, I’m not the least bit surprised that politicians are again this year making hay for Halloween, by targeting their favorite overblown bogeymen. (update: October 9, 2008): there are even more scary laws in 2008) But, I am disappointed that nothing has changed since our post two years ago “Halloween tricks: pols vs. sex offenders,” when we opined:

The scariest sights I’ve seen so far this trick-or-treat season are the stern faces and contorted postures of politicians, masquerading as super-heroes in the fight to protect our children against a horde of halloween sex offenders. As the New York Times described earlier this week (”Sex Offenders See New Limits for Halloween,” Oct. 26, 2005):

“All across the country this year, local and state authorities are placing registered offenders under one-night curfews or other restrictions out of fear that in only a few days, costumed children asking for candy will be arriving on their doorsteps.”

Here are some of the many examples of governmental action that can be found at Google News:

………………………………………………………..

halloween
i only tell the priest
so much

………………………………….…… ed markowski

One practice that seems particularly ill-advised is described in “Maryland police plan no-candy signs” (YahooNews, Oct. 10, 2007; also covered at WizBang):

To discourage contact with children, some registered sex offenders in Maryland will be asked to post signs at their homes that say “No Candy at This Residence,” on Halloween.

That’s right, on a night infamous for roving gangs of youthful tricksters and vandals, Maryland authorities think it’s a good idea to help them figure out which houses to target for an extra prank or two. [Indeed, as I noted in 2005, “These overblown promotional campaigns might be the cause of some ugly vigilantism.”] And, at a time when people fight tax increases that would pay for important school supplies and after-school extracurricular activities, and for public libraries, tax payers will be footing the overtime bill for parole and probation officers to be out in force on the streets, or holding seminars for sex offenders at community centers. I can only reply with words first posted here in October 2005:

vampC There must be a good reason for all this extra protection at Halloween, right? . . .

In “Megan’s Law vs. Halloween” (Oct. 26, 2005), Prawfsblawg’s Dave Hoffman asks cogently whether “the state had empirical evidence of a higher-than-average rate of illegal behavior on Halloween?” Not according to the NYT article, which stated: “In effectively detaining sex offenders on Halloween, most officials say they are not responding to any attacks known to have occurred on past holidays.” For those who don’t trust the Gray Lady:

An editorial from Indiana notes today that: “there are no known attacks of trick-or-treating children on past Halloweens.” (KPC Media Group, “Offender series shows need for open eyes, Oct., 30, 2005). Also, per CBS3.com, the Spokeswoman for the Delaware Department of Corrections “says no Halloween incidents involving sex offenders and trick-or-treaters have been reported in Delaware”

In Allen County, Indiana, Detective Jeff Shimkus has the best advice: “ISo, the main thing we tell parents to never let their child trick or treat alone.” See “Check for Sex Offenders before Halloween” (Indiana News Center, Oct. 22, 2007) If a parent wants to do more, Detective Shimkus adds:

[E]specially on Halloween, parents need to take advantage of the registry websites that allow you to check to see if a registered sex offender does live near your home within a one-mile radius. All you need to do is enter your address and a detailed map pops up. Parents should then choose a trick-or-treating route that obviously doesn’t include those homes. At the end of the year, the registries will be updated to include more detailed maps and safety tips for parents.

Having given sex offender restrictions much more thought over the past two years, I find myself with the same conclusions as for Halloween 2005:

This is not, in my estimation, a close call. The Halloween Sex Bogeyman laws and restrictions have far too many costs, are far too likely to create a false sense of security among parents, and seem certain to have no real effects, other than giving grandstanding politicians a boost in the polls. I hope my fellow weblawgers will voice their opinions, and that parents will keep a close eye on their young children and a skeptical ear when dealing with their teenagers and their politicians this Halloween season.

batSN If you would like to combine fun and safety education, click for the NYS Troopers Halloween Safety Coloring Book.

update (Nov. 1, 2007): For Halloween 2007, 13WHAM.com, the ABC affiliate in Rochester, NY, did a nice balanced piece, “Pastor Questions Sex Offender Halloween Surveillance” (Oct. 31, 2007). The pastor in question is David Hess, of West Henrietta Baptist Church, and the parson.net. (For a video of the broadcast see YouTube: Sex Offender Halloween Hype.)

In addition, see this CNN article, “Sex offenders locked down, in the dark for Halloween” (CNN.com, Oct. 31, 2007; video), which lists examples of restrictions, but then states:

But some say the sex offender roundups and restrictions are more show than safety.

“There has not been a single case of any child being molested by a convicted sex offender while trick-or-treating,” writes columnist Benjamin Radford on LiveScience.com.

Rebecca Brunger, an Alaska probation officer, told the Anchorage Daily News her state doesn’t put any extra restrictions on sex offenders on Halloween as there’s never been a case there of a trick-or-treater being molested by a registered offender.

Idaho defense attorney Tim Gresback told the Spokesman-Review, in Spokane, Washington, that extra Halloween restrictions on sex offenders are unnecessary.

“Here we’re creating a new police action squad to go out and address a problem that has never manifested itself in the community,” Gresback told the newspaper. He said in 20 years he’d never run across a case of a sex offender attacking a child on Halloween.

afterwords (Oct. 26, 2007): A truly scary Halloween scenario from today’s Schenectady Daily Gazette — an All-Susan-Savage Sex Offender Council.

goblins at the door
in the darkness behind them
a cigarette flares

battery weakened vampC
the low, slow laughter
of a demon

……………………………… by John Stevenson from Some of the Silence

Two more perennial issues have come back to haunt us overnight. Check out:

  1. Despite our heroic attempt to bury it two years ago (see “more bad neology: law porn“), the silly phrase “law porn” is once again been dug up by law professors who should know better. See Concurring Opinions. Thankfully, Prof. Ann Bartow tries to put a spike through its heart. However, from under his ghostly sheet of anonymity, the Editor of Blawg Review responds with the eerie “Why ‘Law Porn’?“.
  2. This morning, the student-run Illinois Business Law Journal posted “Billable Hours Be Gone: Should the Hourly Billing System Be Replaced?” (Oct. 24, 2007). I am pleased to say the authors from UICL got it right: “Hourly billing is not to blame for the staggering workload, but the fees required of an associate who hopes to make partner one day.” They correctly concluded that: “The demand for ever increasing salaries for everyone from young talent to senior partners makes the 60 hour workweek unlikely to shrink. Until there is enough discord in the profession to demand a better balance, and perhaps some sacrifice in salary, those who venture into life in a big firm can only expect to be pushed to their physical and emotional limits.” They were kind enough to quote Your f/k/a Editor, and I hope that pieces here, such as “broadening the hourly billing debate“, helped them think through this important issue.

June 13, 2007

Schenectady’s PanderPols vote to evict sex offenders

Filed under: Haiku or Senryu,lawyer news or ethics,Schenectady Synecdoche,viewpoint — David Giacalone @ 8:50 am

follow-up (March 27, 2010): The Schenectady County sex offender residency law was voided yesterday by State Supreme Court Justice Barry Kramer, who held that the law was pre-empted by New York State laws covering restrictions on where sex offenders may live. See “Sex offender law tossed out” (Albany Times Union, March 27, 2010).  The case was brought pro bono by the Albany law firm of [Terence] Kindlon Shanks & Associates, which has successfully challenged similar laws in Albany, Resselaer and Washington Counties.  Attorney Kathy Manley handled the Schenectady County case for the Kindlon law firm.

ExitSignArrow Talk about child abuse. More than a dozen Schenectady County high school students were “shadowing” our county legislators at a public meeting last night, and they got an unsavory and unvarnished civics lesson. Not only were the youth kept in their seats for four hours, but they had to witness both the ugly refusal by the Chair (Susan E. Savage) to permit debate on what is surely the most controversial piece of local legislation this year, and the nasty sight of posturing and pandering politicians, who “did something to protect children” by passing a means-pirited, shoddily-drafted and predictably ineffective set of residency restrictions on sex offenders. (see a FoxNews23 video covering the story) As today’s Albany Times Union explains, in “Law aims to shield kids: Schenectady County passes housing rules for sex convicts (June 13, 2007), under County of Schenectady Local Law No. 03-07 & 04-07, no matter what their risk level, the age of their victims, or the nature of their crimes, sex offenders may no longer reside near places where children congregate (that is, any elementary, middle or high school, child care facility, public park, playground or swimming pool, or youth center). Not only are they prohibited from moving to a residence within 2000 feet of such places, but:

“The change requires sex offenders — at every level — to leave their homes starting Oct. 1, should they reside within 2,000 feet of public parks, pools and playgrounds, as well as schools, day care and youth facilities.” (emphasis added)

Indeed, if any of those facilities are built, relocated, or licensed within 2000 feet of the residence of a sex offender at any future time, he or she must move within ninety days. These draconian restrictions were passed yesterday by an 11 to 3 vote of the county legislature, with only former judge Michael Eidens, former Schenectady mayor Karen B. Johnson, and Carolina M. Lazzari voting “no.” The legislators who voted “yes” knew two things: (1) many aroused voter-citizens, who are fearful for their children and angry over having sex offenders live near them, want the County to do something; and (2) there is absolutely no evidence that proximity restrictions in any way reduce recidivism, and much research and expert advice that says they are likely to make things worse (by destabilizing the offenders, removing social networks, and making it harder to locate them). Despite the latter fact, the politicians decided to bow to the politically-urgent former one.

SchdyCountySeal In case you’re thinking “they surely aren’t doing this for political advantage,” let me point out that the nine co-sponsors are all Democrats, who would not permit any Republicans to co-sponsor the bill — not even Joseph Suhrada, who had first proposed the restrictions two years ago. (The procedural bullying done by my party, now that they have local and federal legislative majorities, often embarrasses me). The Democratic legislators only became aware of the importance and urgency of the problem when a sex offender moved on the block of one of them, and the folk in one town got very loud in their demands for action. Frank Quinn, a town supervisor (who spoke for four others whose towns would likely be the destination of many offenders displaced from the more populous parts of the County) complained they were never consulted, and said last night: “There’s no reason to do this tonight. . . The problem of how to effectively manage sex offenders has been around for thousands of years.” As the TU reported, he added, “This legislation is really designed to influence upcoming county elections by pandering to selected voters and their fears.” [also see CapitalNews9, “Schenectady County legislature considers sex offender legislation,” June 12, 2007]

eviction notice —
a moth ricochets
in the lampshade

. . . by Alice FramptonThe Heron’s Nest (March 2004)

When I first wrote about sex offender residency limits in April 2005 (and the related Halloween Political Tricks), I had no idea that my little County would be passing the most restrictive laws of any of the jurisdictions in our region. In 2005, there was a spurt of activity by politicians in many states and localities rushing to out-do each other in being tough on sexual predators — by pretending to do something that would actually make a difference and protect children. One spur was the Doe V. Miller decision by the 8th Circuit federal appellate court, which upheld the residency restrictions in Iowa against constitutional challenges. Since then other states have upheld similar laws, but not laws that failed to grandfather in current residences or forced offenders to move if a children’s facility moved near them. The restrictions (with or without grandfather clauses) have not been tested in New York Courts. I believe they should be struck down as violations of important civil liberties. As the Associated Press reported on May 30, 2007, a Missouri circuit court judge has struck down the retroactivity feature of a Missouri residency law [in the case rel L. v. Dept. of Corrections]. “Missouri judge tosses part of law keeping sex offenders away from schools, ” KansasCity.com/AP (via the Sex Crimes weblog)

moving day– exitSign
warm rain
on cardboard

………………….. by Alice Frampton – New Resonance 3 & The Heron’s Nest (2002)

Many viewpoints were expressed at least night’s public meeting. Having represented many children in abuse cases, I believe sex abuse is a serious and terrible crime. I told the County Legislature, however, that they ordinance was not a serious attempt to solve the problem and was terrible policy. I’m sympathetic with the fear of so many parents, but I believe they must be told that there are better alternatives for dealing with this problem and residency restrictions will only produce a false sense of protection. The TU article describes the message of “David Hess, a registered Level 1, or ‘low-risk,’ sex offender — and now a minister from Henrietta in Monroe County.” Hess warned that the changes would cause sex offenders to move underground and commit more offenses. The TU continued:

He noted nothing keeps them from visiting locations they will no longer be permitted to live. “This law says sex offenders cannot spend their nights where children spend their days,” he said.

now with homeless eyes
I see it…
blossoming spring

…. by Issa, translated by David G. Lanoue

You can find a very good discussion of issues presented by the residency restrictions on sex offenders by Lior Strahilevitz and many commentors at PrawfsBlawg‘s “Sex Offender Residency Restrictions and the Right to Live Where You Want,” Aug. 3, 2005, and Michael Cernovich reviews many of the relevant legal issues at Crime & Federalsim, in his posting Doe v. Miller: The Legal Theories. Residency restrictions have been in the news a lot recently, and have been covered well by Corey Rayburn Yung at Sex Crimes (e.g., here), and by Prof. Douglas A. Berman, at Sentencing Law and Policy weblog. Last year, Prof. Berman pointed to “A potent and important prosecutorial statement against sex offender residency restrictions” (Feb. 9, 2006). The document was released by the Iowa County Attorneys Association, an organization of county prosecutors seeking “to promote the uniform and efficient administration of the criminal justice system.” In its five-page statement ICAA explains that Iowa’s broad sex offender residency restriction “does not provide the protection that was originally intended and that the cost of enforcing the requirement and the unintended effects on families of offenders warrant replacing the restriction with more effective protective measure.”

deep
in the scent of summer
a homeless man

autumn wind—
a leaf and homeless man
cross paths

……………………….. by Andrew Riutta
“deep” – Roadrunner (Winter 2005)

WrongWayN For further reading on this topic, I suggest:

  1. An important amicus brief to the Ohio Supreme Court, which is quoted at length in the Sex Crimes posting “Amicus Brief in Challenge to Ohio Residency Restrictions” (June 5, 2007). Among many cogent points, the brief argues that “the Ohio statute may increase the risk of recidivism by forcing many sex offenders to move from supportive environments that reduce the offenders’ risk of re-offending. See, e.g., JOAN PETERSILIA, WHEN PRISONERS COME HOME: PAROLE AND PRISONER REENTRY (2003) (concluding that positive social support is critical to the success of released offenders.).”
  2. The Sun Sentinel article “Offender fights Palm Beach County ordinance: Tough laws limit where they can live, but critics doubt their effectiveness (June 3, 2007).
  3. The Newsday story, “Residency laws for sex offenders under microscope:
    Restrictions aim to prevent repeat crimes, but critics say all laws do is prevent offenders from rebuilding lives,” Dec. 2, 2006.
  4. More limits on sex offenders won’t help, advocate tells board,” St. Louis Post-Dispatch, June 7, 2007, covering the consideration of residency restrictions in Wentzville, MO.
  5. [update: June 14, 2007] “Patchwork of sex offender laws leads to confusion,” CapitalNews 9 [Albany, NY], June 13, 2007.
  6. Montgomery County reacting to Schenectady sex offender restrictions,” WNYT.com, June 14, 2007. [“We’ll take a look at what we have here on the books already, do an assessment in order to keep them from making a mass exodus from Schenectady County or any other county into our county,” said Tom DiMezza, chairman of the Board of Supervisors.] And, “Sex offender says he has no place left to go,” WNYT.com, June 14, 2007 (focus on Richard Matthews, a registered sex offender living in Scotia, NY).

I believe the policy issues presented by sex offender residence restrictions are important for the integrity of our society. Notwithstanding the example of the current Administration in Washington, we cannot react to fear (especially exaggerated fear) by unduly restricting the civil liberties of an undesirable or unpopular class of people. The issues are important enough, that I told the County Legislature last night that I would come out of retirement to help bring a declaratory judgment suit or other challenge to their actions (that really brought them to their senses). Since I’m a bit rusty (as well as under the weather a lot), I would appreciate any volunteer assistance in this battle. If you don’t know how to contact me, just leave a Comment below.

StrockCarl Carl Strock

update (June 14, 2007): Columnist Carl Strock, of the Schenectady Gazette (which is only available online by subscription), continued his excellent coverage of sex-offender issues today — attempting to focus on facts and reason in the face of hysteria and political pandering. We’ve mentioned Carl at f/k/a before (e.g., here, there). In my own quixotic role of self-appointed Ethics Advisor to the legal profession, I often feel kinship with Carl. As a journalist with an opinion and sharp pen, he must enjoy having targets like our local politicians, who are so often engaged in easy-to-lampoon behavior. As a citizen, however, Carl must feel very frustrated by the futility of his mission. In a column titled “Sch’dy law speaks to primal fears” (June 14, 2007), Carl exercises his “customary restraint” and calls Tuesday’s meeting of the Schenectady County Legislature “one of the most shameful displays of pandering that I have ever seen in a lawmaking body.” Carl asks “Pandering to what?” and replies:

“To the deep primal fear that your child or mine might be raped and murdered by some slavering, out-of-control, subhuman monster. . . . “

Noting that sex offenders are officially called “predators” and “have become in the popular imagination a separate category of human beings,” Strock shows that the idea of a lurking bogeyman has captured the public and left our Legislature beyond caring about facts and reason. They have passed a law that is very likely to make things worse but don’t care. “They have spit in the eye of the bogeyman, and that’s enough.” On the Gazette‘s opinion page today, the lead editorial, “Lousy laws on sex offenders,” also gets it right, saying that the new legislation “not only plays to public hysteria, but promotes it.”

What makes this law so despicable to me is the fact that our legislators do know better. They’re not overwhelmed by the fear of the bogeyman. They are instead willing to exploit those fears for political advantage.

Personally, I have no problem having a sex offender who is struggling to straighten out his life living on my block. Right now, I’m more worried about the power and bad example of our pandering politicians. I’m relieved that I don’t live within 2000 feet of Ed Kosiur, Bob Farley, Sue Savage, Tony Jasenski, Vince DiCerbo, Mike Petta, Gary Hughes, Philip Fields, Brian Gordon, and Judy Dagostino. Please warn me if any of them move to my neighborhood. [Update: July 18, 2007: For a recent, well-written, 36-page opinion, from the Kenton District Court, refusing to enforce Kentucky’s SORR (which also has no grandfather clause) and declaring it to be unconstitutional ex-post facto punishment, read Kentucky v. Baker, Case Number, 07-M-00604, etc., Martin J. Sheehan, District Judge (via David Hess at The Parson.net).]

update (July 30, 2007) See stop kosiur: my first single-issue election (July 31, 2007)

update (Aug. 8, 2007): See our post “NYCLU Letter threatens lawsuit over Schenectady County sex offender law” (Aug. 7, 2007)

update (Aug. 9, 2007): see “not one repeat child-molesting stranger: Strock,” covering Carl Strock’s findings about child molestation cases in Schenectady County over the past two years.

update (Aug. 23, 2007): “Schenectady’s (d)evolving sex offender laws“. And see

Sex Offenders: A Flawed Law: from Gatehouse News Service.

(more…)

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