Sunday, May 15, 2016

corruption is universal: Judicial Ethics


My career had limitations and was confined primarily to civil law.   In 50 years I had one murder case - my client was accused of a serial killing some two score homosexuals.    He denied it and I believed him.   In fact I was instrumental in getting him off.   As is my history I lucked out!  (You do not have to be good - you just have to be lucky - and I am).   It seems that the Indiana State Police decided to raid Eyler's residence, so off they went, broke down the door and carted off everything that was mobile.   As they were leaving the premises the chief said to his assistant "did you get a warrant"   The assistant remarked: "I thought you did!"   After the raid they obtained the warrant.   TOO LATE!   All the Evidence was quashed as fruit of a poisoned tree.   A month after the dismissal Eyler killed again.  This time a witness saw him dispose of the body.    This time I had a conflict of interest - the arresting officer was my client, the techs were my clients, the investigating officers were all clients, and even the officer who secured the premises had a relationship to me - his mother was a client.   Larry was convicted.

The idea that law enforcement people were venal was for most of my career before the Bar a hypothetical to me - yes I knew of a few bent coppers, but I figured that they were a anomaly.   
In the O'Leary case I had a real confrontation with the officers of the law, but, during the month long trial in Chancery Court I got to know them and it was not long before a few were confiding in me and I got to know them and their personal problems.   (I took pains to avoid to keep a safe distance because of the litigation, but, it was hard to say no when BB's son was severely injured in combat and the VA was giving him a hard time as to treatment.   Secretly, I did make a couple of telephone calls for him and successfully complained to DR  - ultimately he did learn of my actions, but not from me).   I learned that some of the toughest and meanest individuals put on their pants one leg at a time, just like me, and they suffered the same anxieties that I did.   (I represented more than a score of police officers in City residency cases and other controversies.   Their anxieties and problems became mine ).

Political figures (and Judicial) were not abstract people in my life.   I once represented a Federal Judge who was anguished and embarrassed by the fact that he built himself a very nice home on the East shore of Lake Michigan and when he went to refinance the dwelling the survey showed that his lot had no residence on it.   In fact according to the survey his home was located on a neighbor's lot!   

This situation is not quite as stupid as it sounds - the judge had the original survey for the original mortgage and the house was indeed smack dab in the center of the lot.   What had happened was the baseline - upon which the land survey was based for the mets and bounds description- was primitive.   Starting at the Big Rock and thence 150 feet North 10 degrees to the Big Oak Tree *****.    The Southeast shore was a big dune.  Dunes shift and move from time to time with the winds.   You know the rest.    

Thus, the question - what the hell do we do to vitiate the venality that encompasses these select prosecution by corrupt law enforcement?    I do not know; however, Mrs. Ditkowsky did not raise any dumb children.   I do know that every venal copper, judge, public official, et al has the very same anxieties that you and I have.    We have the ability to hone in on one of them and isolate him.   A bully placed in the spotlight and bullied is usually more frighted than any of his victims.   Separating the bully in chief from his gang reduces his effectiveness and more importantly isolates him.

Thus, in Tim Lahrman's situation if we can find the political heavyweight who is pulling the strings and go after him personally tooth and nail.  We then have a teachable moment.  I like going after the biggest available bully on the block.     

My grandfather homesteaded land in North Dakota, and ran cattle in Texas.   He was not tall, he was not big, but, he did know how to handle himself in a brawl.  The first time I got beaten in child's brawl, he took me aside pointed to my nose and told me - the Good Lord put that on your opponent's face for the purpose of making your fist an effective weapon.   Each bad guy has such a organ - all we have to do is *****.  

let us stop being victims and lets start being bullies!   Let's pick out a miscreant who is harrassing one of our own and lets go after him/her!   I want to grow old in peace; however, I have no intention of giving up the ghost, hiding in the basement, or allowing my civil and human rights (and that of my children and grandchildren) being taken from us.   

Democracy is not a spectator sport  - it requires each of us to fight every day to retain its benefits - or lose them!

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