This one's a hot potato! Something has struck me like the proverbial tri-tip from the sky about this rather controversial and emotional issue. In most all of my research and reading on this subject it seems that the majority of the time is comes down to party lines. The Democrats think the Republicans are a bunch of civil rights quashing a-holes and conversely, the Republicans think the Democrats are a bunch of liberal a-holes who want to turn the country over to the illegals. My, my, what a conundrum. To actually think that the two major political parties could disagree on an issue such as this! Rodney King, LA riots after LAPD treated him like a "king"; "Can't we all just get along?" My mind wanders again. I apologize. It does make it a good day to be a Libertarian though.
While obviously illegal immigration is anything but a new problem for this country, some of the solutions proposed for it are, shall we say, at best innovative. They range from the absurd "kill 'em all and let God sort 'em out" crowd to the diametrically opposed bunch that says; "give them everything, medical, dental, food stamps, welfare, unemployment benefits, disability pay and build them a cafe at Home Depot so they won't get their heads sunburned while waiting for their prospective law breaking employers to pick them up." Ah,... my sarcasm betrays me again.
The immigration issue has evolved into a political issue that, for the most part, regardless of party affiliation gets swept under the carpet. Out of sight, out of mind. But, not before copious quantities of bullshit are spewed upon us by politicians in both parties in an effort to appease us. And... we're still waiting for what....? Back in April of 2010 Governor Jan Brewer of Arizona signed an immigration bill that, pretty much everyone with an opinion got their shorts in a bunch about, one way or the other. Not much grey area there, you either hated it or loved it. It seems that O'bummer was one who hated it. He referenced it as "misguided" and instructed the Justice Department to investigate if it was illegal. Funny, again, our illustrious self proclaimed Ruler for Life takes the position of a presumption of guilt. Perhaps investigate the legallity of it? O'bummer further stated that the federal government needed to enact reform at the national level or open the door to "irresponsibility" by others. What an incredibly ludicrous statement coming from the King of Irresponsibility! More of his rhetoric and more of his treating us like mushrooms by feeding us bullshit and keeping us in the dark.It totally lends credence to my statement about all you B.S.ing politicians sweeping it under the carpet. Have any of you folks heard anything substantive concerning immigration reforms from that idiot or any of the other idiots in office since, whenever?
The Arizona Immigration Bill would have made it a crime to be in this country illegally. Was this contradictory to Federal Law? I think not, it merely parrots it. It also allows law enforcement to question someone as to their immigration status but only after detaining them with PROBABLE CAUSE. You remember, that pesky little Fourth Amendment thing. The Bill specifically did not allow for and forbade random harassment. My position on this is that if your in this country legally, what the fu*k is your problem? Show them your damn ID and get on with your life! You people have gotten so "politically correct", thinned skinned and oversensitive about everything that I want to puke.
The rub here is that all the bleeding heart liberal groups insist that we're violating their civil rights. WHAT CIVIL RIGHTS YOU RETARDS? Damn there's a boil on my butt. The Bill of Rights, the first Ten Amendments to the U.S. Constitution delineates rights that are reserved for U.S. citizens. The key phrase here is RESERVED FOR UNITED STATES CITIZENS. This is further enhanced by the Fourteenth Amendment, ratified in 1868 so this is not exactly a new concept. Unfortunately the Fourteenth Amendment has it's own inherent drawback. It allows for "anchor babies" which is another topic for another time.
I am by no means against immigration. Legal immigration however, with quotas as to how many people come in per year. First come, first served. I say again, LEGAL IMMIGRATION, the kind my great grand parents and many of yours did. Hell, without immigration the Indians wouldn't be so pissed off at us because we'd all still be living in some overseas country and they'd be trying to figure out what to do with all those penny slots.
There are several proposed solutions for this problem, one of them is to close the borders and put up walls. Not bad actually, quit sending our tax dollars overseas to support some piss ant dictator of a do-da third world country and put all that money into building walls across our borders. How's that for a "create jobs" program Mr. O'bummer? And, instead of sending our troops overseas to the Bush's and O'bummer's no win wars, bivouac them on the borders to ensure the integrity of those "big ass" walls. Wow, what a concept, our troops actually defending American soil. Hmmm... I imagine President Reagan would turn over in his grave about the whole wall thing as he worked so hard to get one torn down.
Well, regardless, there are other possible solutions. A guest worker program,maybe? Fine, come in, properly documented for the day, week or month and do the work that a lot of Americans think they're above doing and then go home. Or, perhaps better training and a whole lot more funding for hiring, training and equipping lots more Border Patrol Agents? Funding for this can come from the obscene TSA and HSD budgets as, for the most part their services will "no longer be required". Sorry gropers, you need to find another source of income. See,... seek and ye shall find a much simpler solution!
And now folks, here's the kicker, again. "We the People" need to get off our collective APATHETIC asses and let the incompetents in office know that we want the immigration problem fixed. Let them know that we don't give a damn if they're on one of their innumerable vacations, recesses, sabbaticals, lunch breaks, looking for a "new friend" in the crapper at DIA or dashing their doodle on the Internet. Nope, don't care. Politicians, it's time for you to start earning your pay and actually work one of the twelve days you've mandated yourselves to work. I know, what a completely insensitive, unreasonable bastard I am to expect someone on my payroll to actually do some work instead of coming up with every idiot assed rationalization to not. It's time for a change folks. But it won't happen without all of us getting involved.
I look forward to your comments. Derran
Sunday, June 19, 2011
Wednesday, June 15, 2011
Weiner's weiner and more...
I would first like to apologize to my readers, all four of you, for the tardiness of this article. I've been a bit under the weather for several days and have been in a Nyquil induced coma which pretty much puts the kibosh on one's writing skills, such as they are.
Now, back to the subject in hand, just not my hand! Weiner's weiner. Does anyone out there feel that at this time and place such a disproportionate amount of uncoverage of said weiner is warranted and should be in our face day after day after day after day...? And yet, here I am writing about it, also lending credence to everything that's pissing me off about this.
Actually I have an underlying agenda here because I personally don't give one good flying fu** if this clown wants to be a doodle dasher on the Internet. What I do care about is the fact that the public is all up in arms about this and "morally outraged" while once again sitting on their collective asses content in the knowledge that their almighty elected officials will do the right thing about this lunacy. APATHY... again... APATHY. You know the tune, come on, everyone join in and sing along; "hey, if it's not affecting me personally, I don't care." If we are going to sit back and depend on our elected officials to do the "right thing" and not contribute our input concerning our wants, likes and dislikes, well then, you get what you paid for folks.Call your representative if it's a burr under your saddle, tell them you want that weenie wagger fired or whatever strikes your fancy. Just get off your lazy ass and do something.
I read an interesting article concerning New York State's proposed "Trigger Law". The condensed version is that this law would allow all parents to GATHER A MAJORITY, at a consistently under achieving school and FIRE 50% of the teachers or FIRE the principal or CLOSE the school or turn it into a charter school. HOLY MOTHER OF GOD !!! What a friggin' concept! Parental participation? Teacher and Principal culpability? My God in Heaven, think what might become of us all if this concept actually took root and spread like an evil plague. We would all have to stand up and be accountable. We would all have to be held responsible for our actions or inaction's and pay the consequences for them. Whoa,..... this is never going to work here in the land of the liberal fruits and nuts. This is a much too archaic and mid-evil concept. What about the poor little criminal's rights and please let's stay within the politically correct boundaries. We don't want to offend anyone or step on any one's toes. PISS ON POLITICAL CORRECTNESS! I personally want to offend the hell out of someone who richly deserves it and not just step on their toes, I want to do the "Funky Chicken" on their damn toes!
I referenced in an earlier article that I had rectified my sin of apathy with regards to contacting my elected Representative. Yo,... Jerry Lewis, that would be you. Long story short, never heard a word back from him or his staff. Three weeks is more than ample time to respond to a simple question. So now Jerry, hang on to your shorts because this constituent is pissed. I'm going to politely offend the hell out of you because I want some damn answers. I'm not content to sit with my thumb in the orifice that the blue monkeys are supposed to jump out of and figure good old Jerry knows what's best for me when it comes to this Bill snaking it's way through the Congress. It will give the seated President virtually absolute power to declare war on anyone, including Americans, without SEEKING or NEEDING congressional approval.
It seems to me that we've had about all of that bullshit we needed from the previous administration and The O'idiot's administration. More erosion of the Constitution and "We the People's" rights. And yet the overwhelming majority of the sheeple in this country are happy as hell to sit back and let it happen. APATHY REALLY PISSES MY ASS OFF just in case you hadn't picked up on that by now. The Patriot Act in and of itself virtually eliminated close to half of our Constitutional Rights as American Citizens and yet, everybody seems OK with this. Nope, not me! Hey, it's going to keep us all safe, right? God bless George Jr. and all that crap. That has to be one of the biggest loads of shit to come down the pike in a long long while. I've said it before and will continue say;
"Government; we're not the fu**ing enemy!"
The politicians are afraid of us, plain and simple. Why else would they continue down the same established and well worn path of creating and passing laws that do nothing to benefit us and do everything to irradicate our rights as American Citizens? For example, New York City and Chicago have some of the most oppressive gun laws in the country. As a result the bad guys are all carrying weapons, which I'm certain they obtained legally, while the law abiding citizens are either banned from ownership or so heavily restricted that they may as well just use their firearm for a paper weight. As a result we have lovely scenarios such as what occurred at Brighton Beach just recently. I don't give a crap if the little criminals want to blow each other up, let the little bastards do it, hell I'll pay for the ammo. In a controlled environment though so innocent people eating lunch don't have to get a side order of lead with their sandwich.
Consider another possibility here, just what if, several law abiding citizens were carrying concealed that day? I'm by no means advocating a replay of the OK corral but if people were allowed to exercise their Second Amendment Right it may have had a completely different outcome. These little criminals are for the most part gutless wonders. They bully, intimidate and create mayhem through force. You would be amazed how fast these "heroes" piss their pants and beg you not to ventilate their two digit brains when you shove the barrel of a .357 magnum up their nose. You fight fire with fire. If the little criminals think your carrying, odds are in the upper ninety percentile they're not going to screw with you. Statistically in areas of the country where you have a high percentage of law abiding citizens carrying concealed legally, and the little criminals know it, the crime rate is down. You can't beat that logic folks. But, under the guise of protecting us and keeping us safe, our elected officials are giving us the screwing of a lifetime by subverting our Constitutional Rights and not even kissing us while they're doing it. I guess I'm old fashioned and in touch with my feminine side so, to all you Politicians;... talk to me first, maybe a little verbal foreplay before you SCREW ME!
I'm using the erosion of our Second Amendment Right as but one example of what is being allowed to happen in this great land by us. All of our Constitutional Rights are in danger of becoming extinct species. And when it happens and the masses of sheeple are sitting there asking; "What the hell happened here, I used to be able to walk down the beach without a government permit?" I will say to you; "You brought it on yourself you lazy apathetic bastards. You were content to sit on your DO NOTHING asses while the Constitution of our great country was stripped away from us. Now you have what you have. You should feel good about yourself. Now get your do nothing, government approved, certified, stamped, licensed and whiny ass out of my sight." How am I doing at pissing you off? Maybe, just maybe, by doing so I'm chipping away at the apathy epidemic. Raise some hell people because if you don't your going to find yourself living there.
I look forward to your comments. Derran
Now, back to the subject in hand, just not my hand! Weiner's weiner. Does anyone out there feel that at this time and place such a disproportionate amount of uncoverage of said weiner is warranted and should be in our face day after day after day after day...? And yet, here I am writing about it, also lending credence to everything that's pissing me off about this.
Actually I have an underlying agenda here because I personally don't give one good flying fu** if this clown wants to be a doodle dasher on the Internet. What I do care about is the fact that the public is all up in arms about this and "morally outraged" while once again sitting on their collective asses content in the knowledge that their almighty elected officials will do the right thing about this lunacy. APATHY... again... APATHY. You know the tune, come on, everyone join in and sing along; "hey, if it's not affecting me personally, I don't care." If we are going to sit back and depend on our elected officials to do the "right thing" and not contribute our input concerning our wants, likes and dislikes, well then, you get what you paid for folks.Call your representative if it's a burr under your saddle, tell them you want that weenie wagger fired or whatever strikes your fancy. Just get off your lazy ass and do something.
I read an interesting article concerning New York State's proposed "Trigger Law". The condensed version is that this law would allow all parents to GATHER A MAJORITY, at a consistently under achieving school and FIRE 50% of the teachers or FIRE the principal or CLOSE the school or turn it into a charter school. HOLY MOTHER OF GOD !!! What a friggin' concept! Parental participation? Teacher and Principal culpability? My God in Heaven, think what might become of us all if this concept actually took root and spread like an evil plague. We would all have to stand up and be accountable. We would all have to be held responsible for our actions or inaction's and pay the consequences for them. Whoa,..... this is never going to work here in the land of the liberal fruits and nuts. This is a much too archaic and mid-evil concept. What about the poor little criminal's rights and please let's stay within the politically correct boundaries. We don't want to offend anyone or step on any one's toes. PISS ON POLITICAL CORRECTNESS! I personally want to offend the hell out of someone who richly deserves it and not just step on their toes, I want to do the "Funky Chicken" on their damn toes!
I referenced in an earlier article that I had rectified my sin of apathy with regards to contacting my elected Representative. Yo,... Jerry Lewis, that would be you. Long story short, never heard a word back from him or his staff. Three weeks is more than ample time to respond to a simple question. So now Jerry, hang on to your shorts because this constituent is pissed. I'm going to politely offend the hell out of you because I want some damn answers. I'm not content to sit with my thumb in the orifice that the blue monkeys are supposed to jump out of and figure good old Jerry knows what's best for me when it comes to this Bill snaking it's way through the Congress. It will give the seated President virtually absolute power to declare war on anyone, including Americans, without SEEKING or NEEDING congressional approval.
It seems to me that we've had about all of that bullshit we needed from the previous administration and The O'idiot's administration. More erosion of the Constitution and "We the People's" rights. And yet the overwhelming majority of the sheeple in this country are happy as hell to sit back and let it happen. APATHY REALLY PISSES MY ASS OFF just in case you hadn't picked up on that by now. The Patriot Act in and of itself virtually eliminated close to half of our Constitutional Rights as American Citizens and yet, everybody seems OK with this. Nope, not me! Hey, it's going to keep us all safe, right? God bless George Jr. and all that crap. That has to be one of the biggest loads of shit to come down the pike in a long long while. I've said it before and will continue say;
"Government; we're not the fu**ing enemy!"
The politicians are afraid of us, plain and simple. Why else would they continue down the same established and well worn path of creating and passing laws that do nothing to benefit us and do everything to irradicate our rights as American Citizens? For example, New York City and Chicago have some of the most oppressive gun laws in the country. As a result the bad guys are all carrying weapons, which I'm certain they obtained legally, while the law abiding citizens are either banned from ownership or so heavily restricted that they may as well just use their firearm for a paper weight. As a result we have lovely scenarios such as what occurred at Brighton Beach just recently. I don't give a crap if the little criminals want to blow each other up, let the little bastards do it, hell I'll pay for the ammo. In a controlled environment though so innocent people eating lunch don't have to get a side order of lead with their sandwich.
Consider another possibility here, just what if, several law abiding citizens were carrying concealed that day? I'm by no means advocating a replay of the OK corral but if people were allowed to exercise their Second Amendment Right it may have had a completely different outcome. These little criminals are for the most part gutless wonders. They bully, intimidate and create mayhem through force. You would be amazed how fast these "heroes" piss their pants and beg you not to ventilate their two digit brains when you shove the barrel of a .357 magnum up their nose. You fight fire with fire. If the little criminals think your carrying, odds are in the upper ninety percentile they're not going to screw with you. Statistically in areas of the country where you have a high percentage of law abiding citizens carrying concealed legally, and the little criminals know it, the crime rate is down. You can't beat that logic folks. But, under the guise of protecting us and keeping us safe, our elected officials are giving us the screwing of a lifetime by subverting our Constitutional Rights and not even kissing us while they're doing it. I guess I'm old fashioned and in touch with my feminine side so, to all you Politicians;... talk to me first, maybe a little verbal foreplay before you SCREW ME!
I'm using the erosion of our Second Amendment Right as but one example of what is being allowed to happen in this great land by us. All of our Constitutional Rights are in danger of becoming extinct species. And when it happens and the masses of sheeple are sitting there asking; "What the hell happened here, I used to be able to walk down the beach without a government permit?" I will say to you; "You brought it on yourself you lazy apathetic bastards. You were content to sit on your DO NOTHING asses while the Constitution of our great country was stripped away from us. Now you have what you have. You should feel good about yourself. Now get your do nothing, government approved, certified, stamped, licensed and whiny ass out of my sight." How am I doing at pissing you off? Maybe, just maybe, by doing so I'm chipping away at the apathy epidemic. Raise some hell people because if you don't your going to find yourself living there.
I look forward to your comments. Derran
Saturday, June 4, 2011
THE WIERD CASE OF JEROME ERSLAND
Just recently, Mr. Jerome Ersland, a 57 year old Disabled Veteran was sentenced to life imprisonment for murder in the first degree. It seems that the Oklahoma County District Attorney is a pretty zealous fellow. First Degree Murder Mr. Prather? Where in the hell did you park your mind, in the handicapped zone?
A brief synopsis of what occurred in Mr. Ersland's Oklahoma City pharmacy is that one day two "little criminals" decided to make entry into his store and start waving and pointing a firearm at the female employees. All the while demanding money and drugs and hurling threats. Upon further research it appears that on top of threats the "little criminals" were hurling some fast moving lead also. It's at this point Mr. Ersland retrieved a handgun of his own and fired a round hitting one of our heroes in the head thus knocking him down. The other idiot ran out the door with Mr. Ersland in foot pursuit. Alas, that one got away. The rub here is that Mr. Ersland came back into his store, went to what appeared to be a drawer, retrieved another handgun, walked back to the perpetrator that he'd initially shot and dumped five more rounds into him. There are some reports that this "little criminal" had regained consciousness, but nothing substantive that I could find.
Hmmmmm, Yep,..."Houston,...we have a problem."
Now at about this point hopefully you have gleaned from this article that I have absolutely NO sympathy or compassion for these two "little criminals". I don't give a rat's ass as to how socio/economically deprived they were, or that their daddies ran off when they were born or that their mommies didn't let them suck tit until they were fourteen. Nope, not interested. I do however have a few questions for you, mommy and daddy. Where the hell were you when your two "little criminals" were learning their "trade"? Did you instill some family values in them, some core values? Perhaps some self respect, maybe some respect for others and their hard earned property? And here's the big one Mom and Dad, the really important one you idiots,... You Don't Fuc*ing Point a Gun at law abiding citizens and not expect to get your dumb ass blown up!
Lets get back to Mr. Ersland's dilemma. Things seemed to be going swimmingly well right up to the point where he dumped the additional five rounds into the "little criminal". Some folks have jumped on this by saying you can't kill a corpse. True enough, but the coroner's report said that the little darling was still alive at the time. ( But very briefly I might add! ) So, based on that tid bit of information Mr. Ersland seems to have screwed the pooch.
I don't condemn him for shooting the "little criminal"; as a matter of fact I believe he made quite the statement in doing so. I also feel it's a shame he didn't cap the other snot wad. I don't give one good damn that they were "just kids". They were in the process of articulating an armed robbery and as far as I'm concerned were acting in an "adult" criminal manner. By threatening several people with a firearm, they were very much in need of being removed from this planet.
My issue with this case is the pursuing of a first degree murder charge by the DA. "First Degree Murder" as defined legally is; "To kill a person with malice aforethought and the killing was premeditated.
Malice aforethought = "To kill either deliberately or intentionally or recklessly with extreme disregard for human life."
Premeditation = "With planning or deliberation. The amount of time for premeditation of a killing depends upon the person and circumstances. It must be long enough, after forming the intent to kill, for the killer to be fully conscious of the intent and to have considered the killing."
Now, I'm no lawyer and God knows I sure as hell would never want to be one but I'm really having some issues with all of this. I will grant you that the insertion of the five extra bullets by Mr. Ersland may have been a bit excessive, but by the legal definition of first degree murder, this prosecution and subsequent conviction was a quantum leap. In the furthest reaches of my mind, such as it is, maybe involuntary manslaughter.
Involuntary Manslaughter = In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person. Second, in the circumstances existing at the time, the person's act was by it's nature dangerous to human life or was done with reckless disregard for human life, and Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others." Don't we all just love legalese?
After watching the videos of this incident several times and doing the math on the time frame in which it all occurred it seems to me that a person would be pretty damned hard pressed to fulfill all the legal requirements of first degree murder in a matter of thirty nine seconds. That was the time frame between the initial shot by Mr. Ersland and the last of the additional five shots.Keep in mind that a lot happened in that thirty nine seconds. Lets see, malice aforethought... yep, your right there Mr. DA. a deliberate killing did happen but that definition also applies to involuntary manslaughter. Premeditation? I don't think so. I'm fairly certain that Mr. Ersland had enough adrenalin in him to float a row boat and was probably scared shit less, both of which would go to state of mind. Anyone in a firefight situation who says they were not is either a damn liar or a complete fool in which case probably should be locked up in a rubber room anyway.
The State of Oklahoma does not have a "Castle Law" but does have a "Stand Your Ground Law". Simply put; no duty to retreat regardless of where the attack takes place. There are also several provisions for the justifiable use of deadly force. Wouldn't/shouldn't this have come heavily into play in his defense?
Something just isn't right with this case. Premeditated murder, just not seeing it. An absolute incompetent boob for a defense attorney? Stranger things have happened. A predominantly Black jury with a white defendant and a dead Black "little criminal"? ( Purely speculative as I have not been able to ascertain the racial profile of the jury so keep it in your britches folks. Seems to be some National Secret at this point.) Anyway you look at this case, SOMETHING STINKS. Oh, and while were on the subject of smelly things let's not forget the lawsuit filed by the dead "little criminal's" mother. Damn, that one caught me completely by surprise. Blindsided my ass. I never would have seen that coming!
I could write about this until we all were nauseous but I'll spare you. In closing I'd like to say that this is the kind of outcome one would expect to see come out of a California courtroom not Oklahoma or for that matter any other state. Based on the information available it seems to me that a huge travesty of justice has occurred here and needs to be righted. To; The Honorable Governor Fallin, how about it?
I look forward to your comments, Derran
A brief synopsis of what occurred in Mr. Ersland's Oklahoma City pharmacy is that one day two "little criminals" decided to make entry into his store and start waving and pointing a firearm at the female employees. All the while demanding money and drugs and hurling threats. Upon further research it appears that on top of threats the "little criminals" were hurling some fast moving lead also. It's at this point Mr. Ersland retrieved a handgun of his own and fired a round hitting one of our heroes in the head thus knocking him down. The other idiot ran out the door with Mr. Ersland in foot pursuit. Alas, that one got away. The rub here is that Mr. Ersland came back into his store, went to what appeared to be a drawer, retrieved another handgun, walked back to the perpetrator that he'd initially shot and dumped five more rounds into him. There are some reports that this "little criminal" had regained consciousness, but nothing substantive that I could find.
Hmmmmm, Yep,..."Houston,...we have a problem."
Now at about this point hopefully you have gleaned from this article that I have absolutely NO sympathy or compassion for these two "little criminals". I don't give a rat's ass as to how socio/economically deprived they were, or that their daddies ran off when they were born or that their mommies didn't let them suck tit until they were fourteen. Nope, not interested. I do however have a few questions for you, mommy and daddy. Where the hell were you when your two "little criminals" were learning their "trade"? Did you instill some family values in them, some core values? Perhaps some self respect, maybe some respect for others and their hard earned property? And here's the big one Mom and Dad, the really important one you idiots,... You Don't Fuc*ing Point a Gun at law abiding citizens and not expect to get your dumb ass blown up!
Lets get back to Mr. Ersland's dilemma. Things seemed to be going swimmingly well right up to the point where he dumped the additional five rounds into the "little criminal". Some folks have jumped on this by saying you can't kill a corpse. True enough, but the coroner's report said that the little darling was still alive at the time. ( But very briefly I might add! ) So, based on that tid bit of information Mr. Ersland seems to have screwed the pooch.
I don't condemn him for shooting the "little criminal"; as a matter of fact I believe he made quite the statement in doing so. I also feel it's a shame he didn't cap the other snot wad. I don't give one good damn that they were "just kids". They were in the process of articulating an armed robbery and as far as I'm concerned were acting in an "adult" criminal manner. By threatening several people with a firearm, they were very much in need of being removed from this planet.
My issue with this case is the pursuing of a first degree murder charge by the DA. "First Degree Murder" as defined legally is; "To kill a person with malice aforethought and the killing was premeditated.
Malice aforethought = "To kill either deliberately or intentionally or recklessly with extreme disregard for human life."
Premeditation = "With planning or deliberation. The amount of time for premeditation of a killing depends upon the person and circumstances. It must be long enough, after forming the intent to kill, for the killer to be fully conscious of the intent and to have considered the killing."
Now, I'm no lawyer and God knows I sure as hell would never want to be one but I'm really having some issues with all of this. I will grant you that the insertion of the five extra bullets by Mr. Ersland may have been a bit excessive, but by the legal definition of first degree murder, this prosecution and subsequent conviction was a quantum leap. In the furthest reaches of my mind, such as it is, maybe involuntary manslaughter.
Involuntary Manslaughter = In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person. Second, in the circumstances existing at the time, the person's act was by it's nature dangerous to human life or was done with reckless disregard for human life, and Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others." Don't we all just love legalese?
After watching the videos of this incident several times and doing the math on the time frame in which it all occurred it seems to me that a person would be pretty damned hard pressed to fulfill all the legal requirements of first degree murder in a matter of thirty nine seconds. That was the time frame between the initial shot by Mr. Ersland and the last of the additional five shots.Keep in mind that a lot happened in that thirty nine seconds. Lets see, malice aforethought... yep, your right there Mr. DA. a deliberate killing did happen but that definition also applies to involuntary manslaughter. Premeditation? I don't think so. I'm fairly certain that Mr. Ersland had enough adrenalin in him to float a row boat and was probably scared shit less, both of which would go to state of mind. Anyone in a firefight situation who says they were not is either a damn liar or a complete fool in which case probably should be locked up in a rubber room anyway.
The State of Oklahoma does not have a "Castle Law" but does have a "Stand Your Ground Law". Simply put; no duty to retreat regardless of where the attack takes place. There are also several provisions for the justifiable use of deadly force. Wouldn't/shouldn't this have come heavily into play in his defense?
Something just isn't right with this case. Premeditated murder, just not seeing it. An absolute incompetent boob for a defense attorney? Stranger things have happened. A predominantly Black jury with a white defendant and a dead Black "little criminal"? ( Purely speculative as I have not been able to ascertain the racial profile of the jury so keep it in your britches folks. Seems to be some National Secret at this point.) Anyway you look at this case, SOMETHING STINKS. Oh, and while were on the subject of smelly things let's not forget the lawsuit filed by the dead "little criminal's" mother. Damn, that one caught me completely by surprise. Blindsided my ass. I never would have seen that coming!
I could write about this until we all were nauseous but I'll spare you. In closing I'd like to say that this is the kind of outcome one would expect to see come out of a California courtroom not Oklahoma or for that matter any other state. Based on the information available it seems to me that a huge travesty of justice has occurred here and needs to be righted. To; The Honorable Governor Fallin, how about it?
I look forward to your comments, Derran
Sunday, May 29, 2011
TEXAS REPRESENTATIVES CAVE ON HB 1937 AND MORE...
For a bunch of folks who live in the largest state in the lower 48 and tout themselves as having the biggest balls of anyone, anywhere, I have to say that you Texas Representatives really SUCK. You bowed to the big ass corporation. At a point and time in this country when all the "sheeple" could really use a guiding light and some direction with regards to standing up for their Fourth Amendment rights, you folded up like a sloppily put together house of cards, tucked tail, pissed the floor and ran home. It has historically taken someone or entity to take the lead and you had a golden opportunity to do just that. Do you retards have even the faintest clue how much support you had in this? I personally read over 140 comments from people around the country and with the exception of a couple of idiots looking for their five seconds of literary fame the support for you was 100%.
YOU CANDY ASSES ! Are you so out of touch with your constituency? Better yet, are they that out of touch with you? The latter comment was directed at ya'all who live in Texas. 2009 Census Bureau report says there's 24,782,302 of you. That's a shit load of voices. How many of you rallied behind the proponents of HB 1937 via phone calls, e-mails, good old fashion pen to paper or even, God forbid you would have to take time out from your precious lives and make a physical appearance to support them? That might have even instilled some form of backbone in them, perhaps given them the impetus to carry on, and maybe, just maybe inspired other states to follow suite. Whatever happened to that "kick dirt or spit on a Texan's boots and your in for a shit storm of hurt." attitude? All blow and no go folks?
The meat of HB 1937 was that it would punish through criminal prosecution those involved in "official oppression by the intrusive touching of persons seeking access to public buildings and transportation." TSA, this would be you. It's about the complete and total disregard for our Fourth Amendment rights under the guise of national security. John Adams said "Those who would trade liberty for security have neither." It's blatantly obvious that the government is seriously functioning under the premise that we're all to damn stupid and incompetent to take care of ourselves so they're going to do it for us. This may be acceptable to all the "Sheeple" in this country but as for me, to this I say; screw you. Get the everlasting hell out of my life. I don't want or need your "protection" at the cost of losing my rights as an American citizen. I'm not the fuc*ing enemy here! Those rights are guaranteed me by the way, in the Constitution, the Supreme Law of the land, just in case all you politicians aren't familiar with that little document. You know, it's the one you continually bastardize and alter to suit your causes without talking to all us peons, aka your constituents, first.
The Fourth Amendment specifically guards against unreasonable searches and seizure, along with requiring any warrant to be judicially sanctioned and supported by probable cause. Probable cause is but one of the key terms here but it is a hugely important one. Lets look at the TSA's agent's behavior at your "friendly local airport" aka Stalag 17. They maintain adamantly that they don't profile, that it's all random as to who gets groped and full body scanned in the name of national security. So, the two digit IQ TSA agent with all the common sense of a cantaloupe stands there and "randomly" says "you, you and you into the oven. Oh, sorry, the scanner." That's about as random as an algebraic formula. Random, = ...blindfold them, spin them around five times, stop the spin with their back to the crowd, make them do the hokie pokie and then point over their shoulder and yell; "you, you and you!" Random my ass. I'm all for profiling.
"Probable cause". Now that one went down the shitter! Exactly what probable cause would a TSA agent have to subject a seven year old little girl to a full body pat down or check inside your one year old's diaper? Unless of course they're some kind of scum bag child molester. We teach our children that it's not acceptable for someone to touch you in that manner, oh, unless it's some perverted TSA agent, then that's ok because it's in the interest of National Security. "Just grin and bear it sweetheart." Or pull both my seventy something in-laws out of line, take them into private rooms and search their carry-ons. Dear TSA, a little fuc*ing common sense please. God what have we allowed the government to get to?
It pains me greatly but I do have to come to the airport TSA agents defense in a very mild way. They're people like you and me in the respect that they need a job, need to eat, pay rent etc. Getting pissed at them for doing what their boss tells them to do is akin to yelling at the checker or box person because the store manager priced the store's products high. If we have an issue we need to address it with the higher ups. My guys were famous for that; "Talk to my boss, he's right over there!"
To all of us, don't "We the People" see whats happening in our once great Country? The state of Indiana has virtually dissolved the Fourth Amendment with regards to illegal searches. Texas has acquiesced to the "Powers that Be" and "We the People" as a whole are accepting the fact that the Patriot Act with all it's accouterments is a good for us shit sandwich. I have to confess that I was not the best at communicating with my representatives but I have since rectified that. If I can, so the hell can you. I was an elected official in my small mountain community for six years and discovered the true definition of the term "apathy". People would verbally jump me outside the store, post office, in my car, at my cabin and even at places down the mountain and demand information as to the official goings on. Initially I would try to oblige them but it didn't take very long to get the pat response of "go to a Board of Directors meeting, we have one per month." down. After six years on the Board of Directors I would still get the same thing. People bitching about this and that, basically the same shit except for my response. It had evolved to; "I have sat on the Board for six years and not once have I seen you at a meeting. Don't bother me anymore on my personal time." If I had been paid for my years of service my response would have been completely different but I never received a red cent, not even a good bribe. It was an unpaid position. The point to my little story is that apathy runs rampant in our country. I used to think that my community was the Genesis of apathy but it isn't, it's just a microcosm of a nationwide epidemic.
"We the People" can make changes happen but it sure as hell isn't going to come about by sitting on our collective asses and running off at the mouth about all that we're dissatisfied with. Change doesn't happen overnight, it's a painfully slow process. But are we willing to leave this as our children's and our grand children's legacy; " Here lies _____________ (insert name). Content to sit on his/her do nothing ass and leave us to live under a tyrannical "government"? Nope, not me. Write, call, e-mail, show up at their office, whatever, just do it. Demand answers for your questions, express your wants. Our representatives have a really good gig going on right now. A job that in reality doesn't require too much effort, a nice car allowance, travel expenses, per diem, medical and dental, outrageous paid vacation time and a retirement package I'd probably give one of the boys for. All that can come to a screeching halt if we say so by our vote. "You don't want to listen to us, that's OK, now your dumb ass is out. We'll find someone who will." But it can't happen if we don't make it happen!
I look forward to your comments. Derran
YOU CANDY ASSES ! Are you so out of touch with your constituency? Better yet, are they that out of touch with you? The latter comment was directed at ya'all who live in Texas. 2009 Census Bureau report says there's 24,782,302 of you. That's a shit load of voices. How many of you rallied behind the proponents of HB 1937 via phone calls, e-mails, good old fashion pen to paper or even, God forbid you would have to take time out from your precious lives and make a physical appearance to support them? That might have even instilled some form of backbone in them, perhaps given them the impetus to carry on, and maybe, just maybe inspired other states to follow suite. Whatever happened to that "kick dirt or spit on a Texan's boots and your in for a shit storm of hurt." attitude? All blow and no go folks?
The meat of HB 1937 was that it would punish through criminal prosecution those involved in "official oppression by the intrusive touching of persons seeking access to public buildings and transportation." TSA, this would be you. It's about the complete and total disregard for our Fourth Amendment rights under the guise of national security. John Adams said "Those who would trade liberty for security have neither." It's blatantly obvious that the government is seriously functioning under the premise that we're all to damn stupid and incompetent to take care of ourselves so they're going to do it for us. This may be acceptable to all the "Sheeple" in this country but as for me, to this I say; screw you. Get the everlasting hell out of my life. I don't want or need your "protection" at the cost of losing my rights as an American citizen. I'm not the fuc*ing enemy here! Those rights are guaranteed me by the way, in the Constitution, the Supreme Law of the land, just in case all you politicians aren't familiar with that little document. You know, it's the one you continually bastardize and alter to suit your causes without talking to all us peons, aka your constituents, first.
The Fourth Amendment specifically guards against unreasonable searches and seizure, along with requiring any warrant to be judicially sanctioned and supported by probable cause. Probable cause is but one of the key terms here but it is a hugely important one. Lets look at the TSA's agent's behavior at your "friendly local airport" aka Stalag 17. They maintain adamantly that they don't profile, that it's all random as to who gets groped and full body scanned in the name of national security. So, the two digit IQ TSA agent with all the common sense of a cantaloupe stands there and "randomly" says "you, you and you into the oven. Oh, sorry, the scanner." That's about as random as an algebraic formula. Random, = ...blindfold them, spin them around five times, stop the spin with their back to the crowd, make them do the hokie pokie and then point over their shoulder and yell; "you, you and you!" Random my ass. I'm all for profiling.
"Probable cause". Now that one went down the shitter! Exactly what probable cause would a TSA agent have to subject a seven year old little girl to a full body pat down or check inside your one year old's diaper? Unless of course they're some kind of scum bag child molester. We teach our children that it's not acceptable for someone to touch you in that manner, oh, unless it's some perverted TSA agent, then that's ok because it's in the interest of National Security. "Just grin and bear it sweetheart." Or pull both my seventy something in-laws out of line, take them into private rooms and search their carry-ons. Dear TSA, a little fuc*ing common sense please. God what have we allowed the government to get to?
It pains me greatly but I do have to come to the airport TSA agents defense in a very mild way. They're people like you and me in the respect that they need a job, need to eat, pay rent etc. Getting pissed at them for doing what their boss tells them to do is akin to yelling at the checker or box person because the store manager priced the store's products high. If we have an issue we need to address it with the higher ups. My guys were famous for that; "Talk to my boss, he's right over there!"
To all of us, don't "We the People" see whats happening in our once great Country? The state of Indiana has virtually dissolved the Fourth Amendment with regards to illegal searches. Texas has acquiesced to the "Powers that Be" and "We the People" as a whole are accepting the fact that the Patriot Act with all it's accouterments is a good for us shit sandwich. I have to confess that I was not the best at communicating with my representatives but I have since rectified that. If I can, so the hell can you. I was an elected official in my small mountain community for six years and discovered the true definition of the term "apathy". People would verbally jump me outside the store, post office, in my car, at my cabin and even at places down the mountain and demand information as to the official goings on. Initially I would try to oblige them but it didn't take very long to get the pat response of "go to a Board of Directors meeting, we have one per month." down. After six years on the Board of Directors I would still get the same thing. People bitching about this and that, basically the same shit except for my response. It had evolved to; "I have sat on the Board for six years and not once have I seen you at a meeting. Don't bother me anymore on my personal time." If I had been paid for my years of service my response would have been completely different but I never received a red cent, not even a good bribe. It was an unpaid position. The point to my little story is that apathy runs rampant in our country. I used to think that my community was the Genesis of apathy but it isn't, it's just a microcosm of a nationwide epidemic.
"We the People" can make changes happen but it sure as hell isn't going to come about by sitting on our collective asses and running off at the mouth about all that we're dissatisfied with. Change doesn't happen overnight, it's a painfully slow process. But are we willing to leave this as our children's and our grand children's legacy; " Here lies _____________ (insert name). Content to sit on his/her do nothing ass and leave us to live under a tyrannical "government"? Nope, not me. Write, call, e-mail, show up at their office, whatever, just do it. Demand answers for your questions, express your wants. Our representatives have a really good gig going on right now. A job that in reality doesn't require too much effort, a nice car allowance, travel expenses, per diem, medical and dental, outrageous paid vacation time and a retirement package I'd probably give one of the boys for. All that can come to a screeching halt if we say so by our vote. "You don't want to listen to us, that's OK, now your dumb ass is out. We'll find someone who will." But it can't happen if we don't make it happen!
I look forward to your comments. Derran
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