Thursday, February 10, 2011
Fate and Transfer
Mubarak is about to die in Egypt, just like he claimed with ownership and control. You are most certainly right little buddy, thinking is useless. I say feeling is where it's at...
Wednesday, February 9, 2011
Laptop Round Up for the Real Report, PLUS, well, I am not sure but it is related to more Urban Wild Kingdom
This morning, the regularly smiling Luiguuy met me in the same turnabout that he did just a week and a half ago.
The drop off and pick up today totaled one old Compaq that needed a bit of a boost as well as 100 In God We Trust Units. Shannon A. Warded this project her machine and her friend not to mention all around AWESOME(like the strap) guy King Jimmy threw in the Benjamin note. Both of the drops to Luiguuy theoretically equal, three functioning laptops, one desktop hard drive and 100 US Dollars to go towards the operating expense of such a transfer. There is a man leaving this Friday from Miami that will carry the hardware to Pastor Lyonel in PAP. From there, the Pastor will take the machines out to Barbancourt.
Recently I have been in contact with a local organization notably called, Hackerspace. One of their ambassadors, a fine bike riding fellow has agreed to help with the ongoing project and may have access to a pallet load of laptops for donation. You may be hearing and seeing a lot more of this group from the Queen City. When the aliens finally attack and the internet goes down, my contact has assured me that he will create a network that will have allow me access to the Traffic Stop. Luiguuy himself, and perhaps myself as well will be heading to Haiti at the end of March. It would be nice to have luggage full of some more laptops that will help provide a primary school with a computer education lab that presently is just forming. So, send me a laptop and I will hook you up with some lint from Dicky's dryer, free of charge.
As for the Wild Kingdom Part, I lost the image I made of the evidence which means you were NEVER supposed to see it. But trust me, it was bad. Normally I would go into a way too descriptive detail about what I saw, not this evening.
Ms. Arcen was baby sitting a few small Spanish speaking children in the bright sunlight of our back yard the day before yesterday. All of a sudden she called for me and asked for my help in getting the young'uns away from the round metal table that they were about to have a snack on. The completely oblivious wee ones wanted to know what was going on, while I watched my kid remain calm and tell them, "Trust me, you don't wanna know."
They had not seen what Mein Schatz had seen. When I arrived, just as my brave child had relocated the picnic of nuts, water and grapes to the barn, I saw something very disturbing. It was a sun cooked pile of our cat Yancey's vomit upchuck. She is fat in the winter, skinny in the summer and yes, she is named after Yancey Ridge, the first place I went riding in the mountains a long time ago. In the top left of the medium solar radiation cooked mucous accumulation was a mouse's head, almost perfectly intact. The head was bodiless, only entrails and a small amount of brown stuff connected the front bit to the hind quarters, which were almost perfectly intact like the head and face whiskers. Honestly, I almost puked. However there was no emotional sadness transfer because the creature had been dead for hours inside the cat's gut. Long dead for sure. Sorry I lost the image that I had created for your viewing pleasure.
The cat has been reprimanded, but for certain she shall kill again on the morrow.
Speaking of Yancey, the killer of creatures smaller than she is...bitch ass cat.
Recently I have been in contact with a local organization notably called, Hackerspace. One of their ambassadors, a fine bike riding fellow has agreed to help with the ongoing project and may have access to a pallet load of laptops for donation. You may be hearing and seeing a lot more of this group from the Queen City. When the aliens finally attack and the internet goes down, my contact has assured me that he will create a network that will have allow me access to the Traffic Stop. Luiguuy himself, and perhaps myself as well will be heading to Haiti at the end of March. It would be nice to have luggage full of some more laptops that will help provide a primary school with a computer education lab that presently is just forming. So, send me a laptop and I will hook you up with some lint from Dicky's dryer, free of charge.
As for the Wild Kingdom Part, I lost the image I made of the evidence which means you were NEVER supposed to see it. But trust me, it was bad. Normally I would go into a way too descriptive detail about what I saw, not this evening.
Ms. Arcen was baby sitting a few small Spanish speaking children in the bright sunlight of our back yard the day before yesterday. All of a sudden she called for me and asked for my help in getting the young'uns away from the round metal table that they were about to have a snack on. The completely oblivious wee ones wanted to know what was going on, while I watched my kid remain calm and tell them, "Trust me, you don't wanna know."
They had not seen what Mein Schatz had seen. When I arrived, just as my brave child had relocated the picnic of nuts, water and grapes to the barn, I saw something very disturbing. It was a sun cooked pile of our cat Yancey's vomit upchuck. She is fat in the winter, skinny in the summer and yes, she is named after Yancey Ridge, the first place I went riding in the mountains a long time ago. In the top left of the medium solar radiation cooked mucous accumulation was a mouse's head, almost perfectly intact. The head was bodiless, only entrails and a small amount of brown stuff connected the front bit to the hind quarters, which were almost perfectly intact like the head and face whiskers. Honestly, I almost puked. However there was no emotional sadness transfer because the creature had been dead for hours inside the cat's gut. Long dead for sure. Sorry I lost the image that I had created for your viewing pleasure.
The cat has been reprimanded, but for certain she shall kill again on the morrow.
Speaking of Yancey, the killer of creatures smaller than she is...bitch ass cat.
Tuesday, February 8, 2011
Innovator of the Month
As you can imagine, this job offers an extraordinary and mobile look at the culture of a modern city in America. The other day, whilst sitting on one of the large comfy chairs made of a former cow's hide in the lobby of THE Bank of America's Corporate Center not eating or drinking, I spied this approaching citizen pulling a plastic bag over their head. By design, this one plastic Harris Teeter shopping bag winds up in the landfill, then it is carried by a strong westerly breeze and upper air currents all the way to the coastal waters near the shore. There, a confused turtle thinking that the translucent entity floating in front it is a delicious jellyfish tries to swallow the bag. Alone, with no one there to witness, the once happy turtle chokes and dies. In the meantime, shopping is convenient and easily thrown away by the million daily. And, as an added bonus, in a pinch without the thought of consequence, the throw away becomes active protection for those worried about the condition of their hair.
Upon closer inspection it turns out that the Traffic Stop's Innovator of the Month is a guy. His hair must be better than mine.
Sunday, February 6, 2011
ərˌwaɪz
Saturday, February 5, 2011
34F and Rain blowing constant
This image came out of my digital tray from late 2009.
From my perspective as a bicycle messenger, Friday was theoretically as winter season painful as it gets while on the job. Consecutive late summer days of car exhaust hate Code Red over a hundred degrees Fahrenheit can hurt as well, but nothing compares to yesterday's all day combination of just above freezing temperatures, and cascading wind blown rain. While riding around covering the schedule and an occasional call, the wet is fairly easy to keep off of my torso. Within minutes though, the rain runs down my exposed legs below my knee contacting three layers of socks. After another few minutes, my feet are wet from the inside of my socks all the way outward to the saturated shoes perpetually rotating basic wind chill forward in the 34F rain. Not long after my feet become that cold and wet, they hurt sending messages to my brain housing group to shift thought on to anything else.
Like my hands for instance. No matter how hard I try to keep them warm, dry and happy, they too become victim to the cold water. It takes a little while for the rain to get passed my gore over mitts and thick windproof fleece mittens, but when it does it will remain against my hands for the rest of the day. My face cheeks are rosy red wet popping out from under the hood of my jacket, and I am conscious of my hands as I spin my way down the hill to the courthouse again. But, at least they do not feel as bad as my feet. Once again my feet are telling my brain to please consider anything else at that point.
Coming to my mind this time was Egypt, and a few of the things I learned about the present situation there and how I am connected to it. We have all heard the news, and if you haven't by choice please know that it is still really going down and each of us on the planet, especially here in this fine nation are directly attached to the now in the not so far off Middle East. According to an article I read in Wednesday's Wall Street Journal titled: Cairo, U.S. Blindsided By Revolt, written by Charles Levinson, Margaret Coker and Jay Solomon, on Friday January 28, Mr. Mubarak contacted his his Interior Minister, Habib al-Adly and ordered him to authorize the use of live ammunition to put the rebellion down.
Prior to reading that little nugget, I had understood through other western media, not media sources that the Egyptian military on the very same day had clearly stated that it would not fire on its own people. What I did not get at the time was that the military announcement was a direct response to Mubarak's order to shoot real bullets at real people in real time. Journalism, in all sense of the word is over when I look at it and see it for what it is.
Another interesting thing that I learned about Egypt this week came in the form of a thirty minute transfer I had while sitting in my friend Abdu's cab. His purple mini van was parked first in the stand on Tryon when I climbed into the back bench seat. "Welcome my friend", Abdu said with a smile extending his large dark hand, "I knew you would be looking for me." His soft Arabic voice is older than mine by two decades, the same amount of time that has passed since he first came to this country. Abdu is from the city of Suez Egypt where many members of his family still live.
I asked him for the truth, and he started by saying that he has been in contact with his family every day since the shift started. Abdu explained that the people of Egypt will not back down, even in the face of their own death until Mubarak and his entire government regime are gone. "It is not only Mr. Mubarak that must go, the Egyptian people demand that the entire government from top to bottom must be replaced", Abdu stated. In that wonderful authentic accent Abdu went on with an analogy by picking up the paper coffee cup out of the console in front of him. He pointed to the lower part of the cup and said, "If there is a hole in the bottom of this cup it cannot contain the liquid, it must be replaced, otherwise it is useless."
Hearing him talk about the real situation in Egypt was an education in itself. The people of Egypt are smart and well aware that the United Stated gives the Mubarak government over a billion printed dollars annually. Their question is, where is it? What has happened to all of that money over the years as the majority of the Egyptian people cannot find work or afford the basics like food and education. Mubarak has been running the show since Anwar El Sadat was assassinated by fundamentalists in October of 1981. I was twelve years old that day and I can clearly remember the film footage of that event and how it made me feel.
Over the past weeks, the governments of Lebanon and Tunisia have fallen from their status as strict allies to the American-Israeli led west. King Abdullah of Jordan has denounced his present government and replaced the Jordanian Prime Minister in preparation for what his coming his way. Now the Egyptian Mubarak pro-American government is finished. Israel has remained quiet thus far, as has the Muslim Brotherhood, the largest and oldest political group in many of the Arabic states. These opposing forces seem to be waiting without rhetoric before making their move, as the entire middle east and world prepares for a post Mubarak government in Egypt.
The reasons that I am connected to this problem as a tax paying citizen of the United States are many. From the military industrial complex providing the Mubarak government with armed F-16 fighter jets flying over the heads of their own people to the annual billion dollars in American aid monies that have not helped anyone. The list goes on. But, one of the most basic connections I feel to the middle east region is gas. Liquid petrol and all the freedom it provides with war, death and hate. As these countries leave their alliances with the west I can only imagine that the price per unit will rise because of the potential instability of new governments. Could it cause an effect on all parts of the American economy, such as food, transportation, and so on to the point of civil unrest here? Would our government allow that to happen, and what is their ultimate plan to deal with the loss of allies in the region and control over it?
A shift is upon us yet again, this one is big and that is just the beginning. Cold rain on a Friday is nothing when I actually take the time to consider how it makes me feel.
Like my hands for instance. No matter how hard I try to keep them warm, dry and happy, they too become victim to the cold water. It takes a little while for the rain to get passed my gore over mitts and thick windproof fleece mittens, but when it does it will remain against my hands for the rest of the day. My face cheeks are rosy red wet popping out from under the hood of my jacket, and I am conscious of my hands as I spin my way down the hill to the courthouse again. But, at least they do not feel as bad as my feet. Once again my feet are telling my brain to please consider anything else at that point.
Coming to my mind this time was Egypt, and a few of the things I learned about the present situation there and how I am connected to it. We have all heard the news, and if you haven't by choice please know that it is still really going down and each of us on the planet, especially here in this fine nation are directly attached to the now in the not so far off Middle East. According to an article I read in Wednesday's Wall Street Journal titled: Cairo, U.S. Blindsided By Revolt, written by Charles Levinson, Margaret Coker and Jay Solomon, on Friday January 28, Mr. Mubarak contacted his his Interior Minister, Habib al-Adly and ordered him to authorize the use of live ammunition to put the rebellion down.
Prior to reading that little nugget, I had understood through other western media, not media sources that the Egyptian military on the very same day had clearly stated that it would not fire on its own people. What I did not get at the time was that the military announcement was a direct response to Mubarak's order to shoot real bullets at real people in real time. Journalism, in all sense of the word is over when I look at it and see it for what it is.
Another interesting thing that I learned about Egypt this week came in the form of a thirty minute transfer I had while sitting in my friend Abdu's cab. His purple mini van was parked first in the stand on Tryon when I climbed into the back bench seat. "Welcome my friend", Abdu said with a smile extending his large dark hand, "I knew you would be looking for me." His soft Arabic voice is older than mine by two decades, the same amount of time that has passed since he first came to this country. Abdu is from the city of Suez Egypt where many members of his family still live.
I asked him for the truth, and he started by saying that he has been in contact with his family every day since the shift started. Abdu explained that the people of Egypt will not back down, even in the face of their own death until Mubarak and his entire government regime are gone. "It is not only Mr. Mubarak that must go, the Egyptian people demand that the entire government from top to bottom must be replaced", Abdu stated. In that wonderful authentic accent Abdu went on with an analogy by picking up the paper coffee cup out of the console in front of him. He pointed to the lower part of the cup and said, "If there is a hole in the bottom of this cup it cannot contain the liquid, it must be replaced, otherwise it is useless."
Hearing him talk about the real situation in Egypt was an education in itself. The people of Egypt are smart and well aware that the United Stated gives the Mubarak government over a billion printed dollars annually. Their question is, where is it? What has happened to all of that money over the years as the majority of the Egyptian people cannot find work or afford the basics like food and education. Mubarak has been running the show since Anwar El Sadat was assassinated by fundamentalists in October of 1981. I was twelve years old that day and I can clearly remember the film footage of that event and how it made me feel.
Over the past weeks, the governments of Lebanon and Tunisia have fallen from their status as strict allies to the American-Israeli led west. King Abdullah of Jordan has denounced his present government and replaced the Jordanian Prime Minister in preparation for what his coming his way. Now the Egyptian Mubarak pro-American government is finished. Israel has remained quiet thus far, as has the Muslim Brotherhood, the largest and oldest political group in many of the Arabic states. These opposing forces seem to be waiting without rhetoric before making their move, as the entire middle east and world prepares for a post Mubarak government in Egypt.
The reasons that I am connected to this problem as a tax paying citizen of the United States are many. From the military industrial complex providing the Mubarak government with armed F-16 fighter jets flying over the heads of their own people to the annual billion dollars in American aid monies that have not helped anyone. The list goes on. But, one of the most basic connections I feel to the middle east region is gas. Liquid petrol and all the freedom it provides with war, death and hate. As these countries leave their alliances with the west I can only imagine that the price per unit will rise because of the potential instability of new governments. Could it cause an effect on all parts of the American economy, such as food, transportation, and so on to the point of civil unrest here? Would our government allow that to happen, and what is their ultimate plan to deal with the loss of allies in the region and control over it?
A shift is upon us yet again, this one is big and that is just the beginning. Cold rain on a Friday is nothing when I actually take the time to consider how it makes me feel.
Thursday, February 3, 2011
Image of the Week
Tuesday, February 1, 2011
NC Superior Court Rule 24
ANNOTATED RULES OF NORTH CAROLINA
Copyright (c) 2010 by Matthew Bender & Company, Inc.
a member of the LexisNexis Group.
*** THIS DOCUMENT REFLECTS CHANGES RECEIVED THROUGH NOVEMBER 1, 2010. ***
*** ANNOTATIONS CURRENT THROUGH JULY 30, 2010. ***
GENERAL RULES OF PRACTICE FOR THE SUPERIOR AND DISTRICT COURTS
N.C. Super. Ct. Rule 24 (2010)
Review Court Orders that may amend this rule.
Rule 24. Pretrial conference in capital cases
There shall be a pretrial conference in every case in which the defendant stands charged with a crime punishable by death. No later than ten days after the superior court obtains jurisdiction in such a case, the district attorney shall apply to the presiding superior court judge or other superior court judge holding court in the district, who shall enter an order requiring the prosecution and defense counsel to appear before the court within forty-five days thereafter for the pretrial conference. Upon request of either party at the pretrial conference the judge may for good cause shown continue the pretrial conference for a reasonable time.
At the pretrial conference, the court and the parties shall consider:
(1) simplification and formulation of the issues, including, but not limited to, the nature of the charges against the defendant, and the existence of evidence of aggravating circumstances;
(2) timely appointment of assistant counsel for an indigent defendant when the State is seeking the death penalty; and
(3) such other matters as may aid in the disposition of the action.
The judge shall enter an order that recites that the pretrial conference took place, and any other actions taken at the pretrial conference.
This rule does not affect the rights of the defense or the prosecution to request, or the court's authority to grant, any relief authorized by law, including but not limited to appointment of assistant counsel, in advance of the pretrial conference.
HISTORY: Adopted April 7, 1994, effective June 1, 1994.
CASE NOTES
RIGHT TO BE PRESENT NOT IMPLICATED. --The pretrial conference required in capital cases by this Rule takes place before the jury panel is selected and sworn and is not a stage of the trial; thus, defendant's right to be present at every stage of his trial was not implicated by Rule 24 pretrial conference. State v. Chapman, 342 N.C. 330, 464 S.E.2d 661 (1995), cert. denied, 518 U.S. 1023, 116 S. Ct. 2560, 135 L. Ed. 2d 1077 (1996).
AGGRAVATING CIRCUMSTANCES. --While this rule requires the trial court and the parties to consider the existence of evidence of aggravating circumstances, nothing in the rule intimates that the prosecution must enumerate with finality all aggravating circumstances it will pursue at trial, nor can a trial court require the prosecution to declare which aggravating circumstances it will rely upon at the punishment phase. State v. Chapman, 342 N.C. 330, 464 S.E.2d 661 (1995), cert. denied, 518 U.S. 1023, 116 S. Ct. 2560, 135 L. Ed. 2d 1077 (1996).
THE PRETRIAL CONFERENCE IS AN ADMINISTRATIVE DEVICE intended to clarify the charges against the defendant and assist the prosecutor in determining whether any aggravating circumstances exist which justify seeking the death penalty. Capital defendants do not stand to lose or gain any rights at the conference. State v. Chapman, 342 N.C. 330, 464 S.E.2d 661 (1995), cert. denied, 518 U.S. 1023, 116 S. Ct. 2560, 135 L. Ed. 2d 1077 (1996).
FAILURE OF DISTRICT ATTORNEY TO APPLY FOR CONFERENCE. --As a sanction for the district attorney's failure to timely file a petition for a pretrial conference, the trial court exceeded its authority by prohibiting the state from seeking the death penalty where defendant was charged with first-degree murder. State v. Rorie, 348 N.C. 266, 500 S.E.2d 77 (1998).
Prosecutor violated N.C. Gen. R. Prac. Super. & Dist. Ct. 24, 2001 Ann. R. N.C. 74. by failing to hold a special pre-trial conference where defendant had been charged with first degree murder. State v. Matthews, 358 N.C. 102, 591 S.E.2d 535 (2004).
Because defendant failed to show sufficient prejudice resulting from the untimeliness of his conference under Gen. R. Pract. Super. & Dist. Cts. 24, 2009 Ann. R. N.C. 21, to warrant declaring his cases noncapital, the trial court's rulings permitting the cases to proceed capitally were proper. State v. Defoe, 364 N.C. 29, 691 S.E.2d 1 (2010).
The 2001 amendments to the capital sentencing statutes, amending G.S. 15A-2000(a) and enacting G.S. 15A-2004, revoked the statutory mandate that provided the rationale for the North Carolina v. Rorie, 348 N.C. 266, decision which result in trail court's having the inherent authority to enforce Gen. R. Pract. Super. & Dist. Cts. 24, 2009 Ann. R. N.C. 21, by declaring a case noncapital in appropriate circumstances when a defendant has made a sufficient showing of prejudice resulting from the State's delay in holding the Rule 24 conference. State v. Defoe, 364 N.C. 29, 691 S.E.2d 1 (2010).
TRIAL COURT EXCEEDED ITS AUTHORITY. --Trial court exceeded its authority under N.C. Gen. R. Prac. Super. & Dist. Ct. 24 by declaring a case noncapital based upon the court's view of the insufficiency of the evidence of defendant's guilt regarding the underlying charge of first-degree murder. State v. Seward, 362 N.C. 210, 657 S.E.2d 356 (2008).
CITED in State v. Morgan, 359 N.C. 131, 604 S.E.2d 886 (2004).
For the previous five days, I have spent what seems like hours on the Internet searching for a legal description of the Rule 24 Hearing as it applies to the prosecution of the accused in a first degree murder case in North Carolina Superior Court. Last night I finally gave up and determined that the rule was not available to be seen anywhere on the ubiquitous cloud over Hong Kong designed to guide us only where we need to be guided. A few of my contacts within the legal and judicial systems were able to give me their interpretations of the what happens during a Rule 24 Hearing, but like you, I wanted more. I wanted a real document describing what a Rule 24 Hearing actually means.
This morning I spent time in a law library and with the help of a caring and most beautiful librarian sporting an ankle length black wool skirt, I was able to produce the document above from one of those many books lining the walls and filling the shelves in the confines of the little chamber. As you can see clearly at the top of the page, the copyright belongs to Mathew Bender & Company, Inc.
I have read through the rule as presented and the case notes provided. Quietly I suggest that you do as well. The most interesting discovery I made about the Rule 24 Hearing came in the first sentence. There shall be a pretrial conference in every case in which the defendant stands charged with a crime punishable by death. Punishable by death, death, which in the true meaning of the word has already manifested into a reality that each of you are aware of, and feeling.
Subscribe to:
Posts (Atom)