HOT 97. GOLD STATUS. LEGAL EAGLES! MAY 1, 2016, WAS "LAW DAY." DID YOU CELEBRATE IT? HOW ABOUT YOU COPS? JUDGES? CITIZENS? WE SHOULD! TO HAVE A WELL ORDERED SOCIETY, YOU NEED A SET OF WELL ORDERED LAWS . . . THAT WOULD BE THE UNITED STATES CONSTITUTION: (1) ANY LAW THAT IS REPUGNANT TO THE CONSTITUTION IS VOID! (2) LAWS THAT ARE CONSISTENT WITH THE "LETTER" & "SPIRIT" OF THE LAW, ARE CONSTITUTIONAL. THAT IS CONSTITUTIONAL LAW 101. NEXT IS THE ABILITY TO APPLY THE LAW, KNOWLEDGE IS POWER, BUT WISDOM OR THE APPLICATION OF KNOWLEDGE IS BETTER . . . FOR WHAT GOOD DOES IT DO A MAN, IF HE KNOWS THE LAW, BUT REFUSES TO APPLY THE LAW? WISDOM IS WORTH MORE THAN RUBIES AND GOLD! AN AID TO APPLYING THE LAW, IS AN UNDERSTANDING OF THE FUNDAMENTALS OF STATUTORY CONSTRUCTION AND INTERPRETATION OF THE LAW: (1) IF THE PLAIN LANGUAGE OF THE CONSTITUTION, STATUTE OR LAW, IS PLAIN ON ITS FACE, THEN THAT IS AS FAR AS ONE NEED TO GO IN THE INTERPRETATION--THE SUPREME'S, HAVE SAID, THAT THERE WILL BE NO ACTIVIST JUDGES, THAT IF THE LAW SAYS WHAT IT SAYS, THERE IS NO MORE ROOM TO ADD NEW INTERPRETATIONS TO IT; HOWEVER, (2) IF THE PLAIN LANGUAGE IS NOT CLEAR, THEN ONE MUST TURN TO THE "INTENT" OF THE FOUNDING FATHERS, AS PER, THE U.S. CONSTITUTION, AS GROUND ZERO, AS THE STARTING POINT . . . IF YOU READ THE "DECLARATION OF INDEPENDENCE" YOU CAN SEE THE GRIEVANCES THAT THE AMERICAN REBELS, KNOWN AS OUR FOUNDING FATHERS WERE TRYING TO ADDRESS AND REMEDY WITH KING GEORGE OF ENGLAND, OUR COLONIAL RULER, THE CONNECTION IS COMPLETELY EASY TO SEE, AND IF THAT IS NOT SHINING LIGHT ON THE SUBJECT OR THE LAW, (3) TRY PUTTING THE LAW IN THE HISTORICAL CONTEXT BY WHICH IS WAS PASSED. TAKE FOR INSTANCE, THE PATRIOT ACT, THAT WAS PASSED IN RESPONSE TO 9/11 AND TERRORIST ATTACKS, WHEN A PROSECUTOR IS CHARGING SOMEONE WITH CRIMES, THEY SHOULD CONSIDER THE FACT, THAT ONE SIZE DOES NOT FIT ALL, CITIZENS ARE TO BE DISTINGUISHED FROM TERRORISTS, OR FOREIGNERS WITHOUT THE SAME RIGHTS AS THE UNITED STATES CITIZENS. THE OPERATIVE WORD, IN THE GENERAL HISTORICAL CONTEXT, IS "TERRORISTS" OF 9/11 .. . ANY ACT OR CHARGE THAT IS TAKEN AGAINST A CITIZEN, WITH REGARDS TO THE PATRIOT ACT, MUST FIRST, PASS CONSTITUTIONAL MUSTARD, TO BE APPLIED TO CITIZENS OF THIS COUNTRY, USING THE FIRST TEST OF BEING REPUGNANT OR WITHIN THE "LETTER" & "SPIRIT" OF THE CONSTITUTION, THE LAW WILL BE EITHER, VOID FOR VIOLATION OF THE CONSTITUTION, OR IT IS WITHIN THE OVER ALL CONTEXT AND CONSISTENCY WITH THE RIGHTS, FREEDOMS, LIBERTIES, PROTECTIONS, THAT ARE CONTAINED IN THE CONSTITUTION. AFTER YOU HAVE CROSSED THAT THRESHOLD, YOU MUST CONSIDER IF THE PERSON WITHIN, THE POSSIBLE VIOLATION OF THE LAW, IS, IN FACT, A MEMBER OF THE CLASS OF PERSONS, THE LAW WAS INTENDED TO ADDRESS, REGULATE OR CONTROL. THE LAW IS ABOUT "HAIR SPLITTING" & "DEFINITIONS." GENERALLY, AT THE START OF ANY TITLE SECTION OF A LAW, THAT HAS BEEN CODIFIED, AS IN THE "MONTANA ANNOTATED CODE" OR THE LAWS THE MONTANA LEGISLATURE HAS PASSED OVER THE YEARS, THERE IS A "DEFINITION" SECTION AT THE BEGINNING OF THAT PARTICULAR SECTION . . . I HAVE CROSSED PROSECUTORS ON MORE THAN ONE OCCASION, WITH THE DEFINITION OF THIS OR THAT, MY CLIENT HAS BEEN CHARGED WITH, AND AT TIMES, THE WORD, SEEMS TO APPLY, BUT ON FURTHER INVESTIGATION OF THE LAW, THE DEFINITION, WHICH CAN IMPLY "INTENT" ONE WILL FIND THAT THERE IS NO CONNECTION BETWEEN THE PERSON CHARGED WITH A PARTICULAR CRIME, AND THEY CLEARLY DO NOT FALL WITHIN THE INTENDED DEFINITION, THE LEGISLATORS WERE TRYING TO ADDRESS OR STOP. I HAD A CLIENT, WHO WAS ON PROBATION, WAS NOT SUPPOSE TO BE AROUND ALCOHOL . . . ONE NIGHT, HIS GIRLFRIEND'S MOTHER, ASKED HIM, IF HE AND HER DAUGHTER, COULD GO TO THE LIQUOR STORE AND PURCHASE SOME BEER OR WINE FOR HER. THE TWO WERE PULLED OVER FOR SOME TRAFFIC VIOLATION, AND THE CLIENT WAS CHARGED WITH VIOLATION OF HIS PAROLE WITH REGARDS TO THE FACT, THAT HE HAD PURCHASED AND TRANSPORTED THE ALCOHOL, HE WAS ALSO CHARGED WITH SOMETHING, CAN'T REMEMBER, MAYBE HAVING A MINOR IN HIS CAR, WHEN HE GOT THE ALCOHOL, WHICH WAS ALSO A VIOLATION . . . THE CHICK, USED FAKE I.D. OF A FRIEND, TO STAY WITHIN THE AGE LIMIT, TO NOT BREAK THE PROBATION. THERE WAS A TOTAL OF THREE VIOLATIONS: THE TWO REGARDING ALCOHOL, SOUNDED LIKE THEY APPLIED TO THE VIOLATIONS, BUT WHEN I READ THE DEFINITIONS AND GOT THE FACTS, THE CLIENT, CLEARLY DID NOT FALL WITHIN, THE TYPE OF VIOLATIONS THE LEGISLATURE WANTED TO PREVENT . . . LIKE THE FACT, THAT HE WAS RUNNING AN ERRAND AND TRANSPORTING THE LIQUOR FOR SOMEONE WHO WAS NOT ON PROBATION FOR A DUI, OR SOMETHING RELATED, THEREFORE, HE DID NOT FALL WITHIN THE CLASS OF PERSONS THE LAW ADDRESSED, NOR DID THE DEFINITION FIT HIS CIRCUMSTANCES. THE PROSECUTORS, WAS EMBARRASSED, WHEN I READ THE DEFINITION, AND HE COULD EASILY SEE, THAT MY CLIENT, HAD, IN FACT, NOT VIOLATED HIS PROBATION, HE WAS MERELY BEING A GOOD BOYFRIEND, TO THIS WOMAN'S DAUGHTER. I ASKED HIM, IF HE KNEW HIS GIRLFRIEND WAS USING "FAKE" I.D., SO THAT HE WAS NOT INFLUENCING A MINOR, AND HE SAID, YES, HE WAS AWARE THAT SHE DID THIS . . . I GOT TWO OF THE CHARGES DROPPED, AND TOLD HIM TO MAN UP AND TAKE HIS PUNISHMENT ON THE LIE! I LEFT BEFORE COURT STARTED! THE LAW, IS THE LAW, IS THE LAW . . . KNOW YOUR RIGHTS! I WANT TO COMMENT ON "MIRANDA WARNINGS" THAT HAVE BECOME SO MUCH A PART OF OUR CULTURE, THAT, SOMETIMES, THE SUSPECT, GIVES NO THOUGHT TO THROWING AWAY THEIR RIGHTS AND PROTECTIONS BEFORE, THEY EVEN GET TO AN ATTORNEY . . . I THOUGHT OF DESIGNING A BUSINESS CARD, THAT SAID, "SHUT THE HELL UP!" UNTIL YOU CONTACT ME! OR ANOTHER ATTORNEY! COPS ALSO, HAVE READ THE SUSPECT THEIR RIGHTS, AND THEN PROCEEDED TO TAKE THEM TO THE POLICE PRECINCT OR DEPARTMENT, AND DENIED THEM THEIR RIGHT TO AN ATTORNEY, WHEN THE CLIENT, ASKED AND SARCASTICALLY SAID, I HAVE ASKED YOU FOR AN ATTORNEY, 5,000 TIMES, AND YOU HAVE CONTINUED TO QUESTION ME . . . THE COP RESPONDED BY SAYING, "I AM NOT HERE TO PROVIDE THAT FOR YOU AT THIS TIME!" LOL! AT WHAT TIME DO YOU THINK, YOU ARE SUPPOSE TO PROVIDE THE ATTORNEY, OR STOP YOUR QUESTIONING? MIRANDA WARNINGS, ARE A JUDICIALLY CREATED STATEMENT, THAT GIVES "TEETH" TO THE 4TH, 5TH, AND 6TH AMENDMENTS, CONTAINED IN THE BILL OF RIGHTS . . . WHEN YOU ARE STOPPED OR DETAINED, ARRESTED, OR QUESTIONED BY COPS, THEY NEED TO READ YOU YOUR RIGHTS, BEFORE THEY START TO QUESTION YOU! NOT AFTER THEY GOT ALL THE INFORMATION OUT OF YOU, AS THEY DID MY CLIENT, ARRESTING HIM AT 11:00 P.M., THEN REFUSING TO ALLOW HIM TO GET AN ATTORNEY, AND QUESTIONING HIM FOR 4 OR 5 HOURS, EVEN GIVING HIM SOME GUM, LEAVING THE ROOM, AND TAKING THE GUM OUT OF THE GARBAGE, FOR A DNA SAMPLE! 4TH AMENDMENT ADDRESSES THE CONDITIONS OF SEARCHING OR SEIZING PERSONS OR THINGS, AND THERE MUST BE "PROBABLE CAUSE" TO BELIEVE A CRIME HAS, IS GOING TO BE, OR IS INT HE PROCESS OF BEING COMMITTED . . . A WARRANT BASED ON "P.C." WITH OATH AND AFFIRMATION, DESCRIBING THE PERSON OR THINGS TO BE SEARCHED OR SEIZED IS THE RULE--EXIGENT CIRCUMSTANCES OR PLAIN VIEW, CAN BE ADDRESSED WITHOUT A WARRANT, WHEN THERE IS REASON TO BELIEVE THAT EVIDENCE WILL BE DESTROYED, OR THE PERSON WILL RUN! "YOU HAVE THE RIGHT TO REMAIN SILENT, AND ANYTHING, YOU SAY, CAN AND WILL BE USED AGAINST YOU." THAT IS THE PROTECTION AND RIGHT, TO NOT INCRIMINATE YOURSELF, FOUND IN THE 5TH AMENDMENT; AND IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE APPOINTED TO YOU." THE RIGHT TO EITHER REPRESENT YOURSELF, OR BE REPRESENTED BY COUNSEL, IS YOUR RIGHT, AND THE SECOND YOU INVOKE THAT RIGHT, THE COPS SHOULD STOP QUESTIONING YOU AND LET YOU CONTACT AN ATTORNEY, OR WAIT UNTIL THE JUDGE ASSIGNS A PUBLIC DEFENDER! THE "MIRANDA WARNING" IS NOT JUST BUZZ WORDS, SOMETHING THAT COPS JUST GIVE LIP SERVICE TO, IT IS HARD CORE, DOWN AND DIRTY, RIGHTS AND PROTECTIONS YOU ARE ENTITLED TO AS CITIZENS OF THIS UNITED STATES OF AMERICA! IT IS THE LAW! YIELD TO THE LAW! SIDE BAR: JAMES KENNEDY, WERE YOU ON CALIFORNIA BRIDGE, SUNDAY MORNING, AROUND 10:00 A.M., ALONG WITH SEVERAL OTHER DEA AGENTS, MANNING THE RIVER WALK FROM MCDONALD'S TO THE BRIDGE? FARMER OR BASEBALL HAT? RIGHT OR LEFT . . . TAKE THE ROAD LESS TRAVELED! DIDN'T YOUR RECOGNIZE YOUR OLD MAN? IT'S BEEN A WHILE . . . CONVERSATION AT THE POV. LUNCH, BETWEEN A LIMITED VERSION OF YOU AND ME, LOOK-A-LIKES. LOL! DEA FITS! KISS . . . FUCK THE STING OF AND SURVEILLANCE!

Juvenile Confessions

Sorry, I rushed the blog, so I could get to lunch, and forgot something I have wanted to write about for some time . . . juvenile confessions  . . . parents, do not let your kids, be questioned without either an adult, preferably you as a parent, or an attorney.  What you have, when a juvenile is questioned, is adult cops, who are trained to interrogate people, often leaning hard on a kid, especially, if the crime is a serious one, as it is, in this true crime case, where, two pretty hardened juvenile offenders, bullies, went into an elderly woman's house in their neighborhood, planning to rob the woman for drug money.  When things went terribly wrong, they actually murdered the woman.  There was never an issue, as to whether this bad ass brother and sister team, killed the woman, but, they also, included, a backward, slow, teenage boy, who had not been involved at all, in the crime, but whom they had picked on, taunted, and persecuted.  This neighborhood kid, just happened to got talk to the cops, at the time the other teens were being arrested, to see why there were cop cars in the neighborhood, and he wanted to check on the status of this older woman.  Many times, in crime investigations, especially with serial killers, the killer will want to be involved int he investigation, asking questions, calling in to see if there has been someone suspected of the crime, etc.  The two bro/sis immediately confessed, but said, that while they planned the robbery, they never planned on killing the woman, and it was, in fact, this 15 year old kid, who actually stabbed the elderly woman.

Police pulled the kid in and started to interrogate him; he asked to call his mother, who was ill with cancer, but he was refused.  The kid just kept telling the cops, he didn't do it, was never involved and never even entered the house of the lady.  The cops, just kept getting in his face, insisting he committed the crime, but he continually refused, saying he had nothing to do with it, was never even in the house, nor present at any time. Due to the two, teens, who appeared to be truthful, in admitting to their crimes, they believed the two, and doubted the third kid, hounding and dogging him, for at least 8 hours or more.  Finally, the kid, is tired, just wants to go home, and doesn't realize the ramifications of admitting he did it, because, he finally gave the cops what they wanted, by way of his confession.  He was immediately booked, on murder charges, before the mother even knew what was going on.  I watched this episode a few weeks ago, so I am going from memory and about 50 crimes shows, since, but, I will try my best to give you the information, that will set the stage for the need for reform in the criminal and juvenile justice system, in its entirety.  The kid is convicted, with no physical evidence, nor really any circumstantial evidence to connect him to the crime . . . all the cops and the jury were relying on, was the testimonies of the two teens, who actually committed the murder!

Tried As An Adult, Convicted, and Years Later, Appeals Exhausted . . . The Brother and Sister, Recant Their Testimony's and Admit This Innocent Kid, Never Was Involved and Never Was in the Woman's House

Even after the teens admitted to the lies, and 11 years, after the kids, who was lucky enough to get the attention of the Innocence Project, he is finally let out of prison, after giving a false confession, just because he was tired, sick of the cops hounding him, and just wanting to go home to his sick mother!  Kids need to let their parents' know what is going on in their lives . . . we are not mind readers, and youth can get themselves into a shit load of trouble, if they do not know their rights, and what, just giving the cops what they want, to go home, or to rest, will only get you in trouble, serious trouble.  Adults in the criminal justice system, are NOT infallible, perfect, nor above giving you your constitutional protections.  While you may be under the age of 18, as was this 15 year old, you have rights, the same ones, and more than your parents. Don't for one second, think, that you age will protect you, because, often due to the nature of the crime, murder, for one, the prosecutor can try you as an adult, and it is critical, that you let an adult in your life, know that you have been accused of a crime, so they can help protect you as you work through the brutal system!  Scary, scary, scary!

MY POINT IN BRINGING THIS UP, NOT ONLY BECAUSE I AM WRITING ABOUT THE LAW, ON "LAW DAY" BUT, BECAUSE THE BRITISH SYSTEM IS DOING SOME REALLY SMART THINGS, WHEN DEALING WITH JUVENILES!

Confessions are No Longer Accepted, Without Corroberating Evidence to Support the Confession

• there are no more marathon interrogations . . . the number of hours a cop can grill a teen is now limited
• there must be breaks for bathrooms, food, rest, and time off, for the person to re-cooperate, before, the interrogation is started again
• the cops have taken a much softer approach, when dealing with youth, understanding that they are different that adults, may be far more susceptible to the power of suggestion, even fall victim to false memory, and creating a feeling of guilt, when there is none
• there is a reason, we have a different standard when dealing with teens and children, they are going to more likely, to tell the truth, if they are not fearful
• kids will admit to anything, so get the interrogation to stop, that has been proven, regardless of the outcome, not fully understanding what the ramifications are, not being familiar with the system . . . as in the case of torture and waterboarding, terrorists, they will either give you false information, or they will tell you just what they think you want to hear, leading interrogators down the rabbit hole or primrose path!
• women, will cop to anything, by 95%, if they are threatened with losing their children
• the goal, is not to convict anyone, to close the case, the goal is to get the right person, to see that justice is done, and give them a proper punishment for the crimes, and sometimes, that takes into consideration their age!

Uniform Operation of Law

HE GOT ADDICTED TO THE LIFESTYLE OF THE RICH AND FAMOUS!

I was watching another true crime show yesterday, and there was this young man, handsome, smart, a good student, and who excelled in tennis, getting a college scholarship to pay for his degree.  His father, while he was young, had broken the law, and had to go to prison, for some time, leaving the single mother and her three boys, to fend for themselves.  This young man, had tragedy strike and he injured his shoulder, so severe that he lost the scholarship and could no longer play on the tennis team.  He started teaching tennis at the local country club, and he got exposed to the high life, the rich, the beautiful people, and those who appeared to him, to have everything, and he wanted it.  He thought, he deserved the All-American dream, and he started, working illegally, with a man, who offered him a cut, of his computer stealing business . . . why not.  What the man and his crew did, was steal Apple Computers from businesses or people, and resale them on the black market, making about $2,000 per computer, for about $15,000 per month.  Todd started to get a taste of the good life, got married, started to have children, had a beautiful home, but he wanted more and more . . . the more he got, the more he wanted.  He loved the idea, that he was making his money illegally, and saw that he was doing so without hurting anyone?  I am not sure how that worked, maybe rental insurance or homeowners insurance was covering the cost of the stolen computers.

Eventually, he brought his two brothers in, who were envious of his lifestyle, and he wanted them to share in the good life too.  They started to not only steal computers, but, they started taking small safety boxes and safes, stealing them from businesses and homeowners, too, then breaking into the safes, and using the money, one had $140,000 worth of cash, and they all lived on that for some time.  Todd's wife, had no idea, that her upstanding, perfect father and husband, was making his money, illegally, and her shopping trips and extravagant lifestyle was gotten by ill gotten gains, that is until he was arrested, when he refused to bail his brother out of jail for a domestic dispute with his wife . . . his brother broke, two of the rules, Todd had established for this criminal escapade: (1) no violence; and (2) never hit or abuse women . . . his father had been abusive to his mother.  He leaves brother in jail, after promising, that he would bail them out if they ever got caught, seeing he controlled the money and the pay out.  Todd told his brother, stealing computers and safes are one thing, but hitting and abusing women, was inexcusable!  I like that part.  Todd, seemed to be the perfect, husband, perfect father, perfect neighbor, had the perfect yard, threw the perfect parties, and knew all the right people, was invited to all the right parties, etc.

Like most criminal enterprises, eventually, there is a weak link in the protective chain of crime . . . Todd got more and more greedy, and he started to bring in other players, than his two brothers, but the brothers were pissed, because what used to be divided by 3 was now divided by 5, so the anger and divisiveness were rising.  The domestic dispute, made the brother so pissed, that he told the cops, everything, that the brothers had been doing for years!  Todd was shocked, because he had fooled people for year, he had perfected the facade, and his game, was almost flawless, even the cops who investigated him, said he was smart, thought through everything, in every minute detail, so they had been living the high life, for years, without going noticed, smooth operators, he had perfected his art of being perfect!  He was just a little too perfect, his wife was devastated when he was arrested at home, in front of their small family, in their perfect home, and perfect neighborhood!  Perhaps he was too perfect!  Now this guy had ripped of hundreds of thousands of dollars, over the years!  

Shockingly Short Punishment and Sentencing

White collar criminals, have been handled with kit gloves, but the two brothers, both got 4 years, and Todd only got 2 years for their crimes!  I don't know about you, but, there are men and women, sitting out in prisons all over this country, for smoking marijuana, or for robberies, that are far less than stealing someone's safe, and breaking into it, including breaking and entering businesses, cutting security lines, power and phone lines, so they could trip up the alarms . . . grand larceny!  I mean, I was shocked.  There should be uniform operation of law . . . the same punishment for the same crimes, regardless of if you are Mr. Perfect, or the toothless guy, living on the streets!  Privilege for NONE, justice for ALL!

Montana Fought Long And Hard, Overcoming Vigilante Justice, to Establish a System of Laws That Were Applied Uniformly and Fairly!  There Is No Room For Playing Favorites, Pretending that This Person's Crimes are Not as Bad as Someone Else's Crimes, or Because We Like Them More, They Should be Punished Less . . . THE LAW, IS THE LAW, IS THE LAW!  If it is a CRIME, you PUNISH!

IT'S THE LAW!

YIELD FOR THE LAW!

Thank GOD For the Law . . . We Need A Well Ordered Society, Call it Social Sustainability!