Category Archives: America and Its System of Justice

Let’s Keep America Great: Remember Many Of Us Were Once In Their Shoes

The front view of the statue of liberty with fighter planes racing across the sky behind this great New York City Monument

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. 
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,

I lift my lamp beside the golden door!

Thus is the inscription  of the pedestal of a statue which was a gift from the people of the Republic of France that honors “the Alliance of the two Nations in achieving the Independence of the United States of America and attests their abiding friendship.”  it is meet and just that we think of this in these tragic days following the Paris attacks.

Mayor Walsh’s Big Question: Do You Trust Your Lawyer?

(1) swordThe Boston U.S. Attorney Carmen Ortiz mentioned in an indictment against Teamsters Local 25 that “a representative from the City of Boston” had called two restaurants to tell them that they would be picketed if they let “Top Chef” film in their locations. These businesses elected to cancel their deals in order to avoid the picketing. No one has said that the call, the threat of picketing, or the cancellation violated any criminal laws.

The words were put in the indictment as far as I can see for the sole purpose of providing Ortiz a sound bite for her press conference. She would pontificate in front of the media that Local 25 “chased” the reality television show out of Boston which it didn’t because it had already filmed at other Boston sites.

But those words have been turned around in the local media to suggest Mayor Marty Walsh did something wrong for which he owes the people of Boston an explanation.

One thing we know is that Ortiz knows who made the call to the restaurant. Why she kept it a secret rather than naming the person is a mystery. Was it her intent to cast a bad light on the mayor or others who she knew did nothing wrong to cause a scandal?  If so, she has well succeeded.

Are Some People Too Big To Prosecute? How Money Rules Our Prosecutors

justice weepsThe laws I have set out below are being openly flaunted by people and nothing is being done. Walking through South Station the other day billboards announcing the ongoing taking of these bets were everywhere; watching football on television over last weekend it appeared that the people running these gaming operations were closing in on spending the same amount as the beer or automobile advertisers.

The Patriot Ledger reported on September 17, 2015, that Attorney General Maura Healey was “reviewing the legality of the Boston-based fantasy sports website Draft Kings.” Another article about her is here.

What is there to review? Fantasy football is pure and simply gambling.

You want the real proof it is gambling well here is DraftKing’s site. Here’s what it says: “Build your team in only minutes and watch your scores update live online.” What skill is involved in that? Absolutely none. Anyone with enough money can take a chance.

You want more proof it is pure chance. I could go on the site and construct my own team. I know next to nothing about the teams or the players. Any chance of me winning would be pure chance and that is why its operation is a felony under the Massachusetts General laws.

Mayor Martin Walsh’s Sit Down When It Was Time To Stand Tall

IMG_2796Here we go again. Are we going to see the old one-two-three-four play? Most of us are now familiar with the act. It has been used too often to fool us.

The steps are one, the editorial or spotlight report slanting the facts; two, the follow-up news stories, three, the columnists then carrying the ball, and four, the Boston U.S. attorney getting involved.

The last time we saw this it involved a taxi cab owner who was a real mean guy who made his drivers earn every penny they made. A spotlight started it;  news stories,  columnists,  and a raid by the U.S. attorney followed along in step.

The only problem with the last time it played there was no allegation the cab owner committed any crimes. As of yet it isn’t criminal to be a cheap old rich guy who treats his employees poorly. So why did Boston U.S. attorney conduct a raid? For that matter how did she get a search warrant to raid the taxi company with agents and cops running in with drawn guns where there was no crime? It all remains a big mystery. Was it done by the U.S. attorney just to please the demands of the newspaper with the spotlight?

How The Massachusetts Judges Stuck It to The Massachusetts People

hare_2074103iYears ago when I was a young man the people of the Commonwealth got fed up with having judges who were very old deciding cases. At one time in Massachusetts a judge could sit in judgment of people even if the judge could no longer make a decision for himself or herself. Like we have today in the federal court, there was no age limit on a judges sitting on the bench. An appointment for life meant that. Once the judge fit on the robes the people were stuck with him or her forever and ever and ever.

You understand that to get a Constitutional Amendment passed in the state it takes quite a bit of work. That is especially so when it involves something most people seem to have little concern over which is the ability of a person in the robes to make proper decisions. The Legislature in Massachusetts has shown its concern over and over again by passing laws that dictate a person convicted of certain crimes must do a mandatory sentence. Those laws exist because the Legislature determined that some judges no matter their age were just unable to appreciate the gravity of these crimes and were not sufficiently punishing people.

Moving From Our Roots: “Oh You New York Girls Can’t You Change The Country.”

NY GirlsMy Fourth of July post set out how the Declaration of Independence was basically a Protestant document written by white men that established our nation. The men who wrote it had no problem talking about God and the calling upon His protection for their planned attempt to break free from the rule of the British king. For most of our history up until over two-thirds of the way through the 20th Century the country continued that tradition.

The recent Supreme Court decision on gay marriage and other  recent 5 – 4 decisions which went in a liberal direction show that no longer do white men control the destiny of the country. Off  we go into the wide blue yonder when things that have happened for over two hundred years are suddenly changed.  We got to where we are today based upon them; what will guide us into the future?

The decisions from the Supreme Judicial Court are coming from a majority of judges who are not white males. Three judges who make up the majority in the  5 – 4 liberal decisions that are now setting the laws for this country are women. This is a sea change in our nation’s history. It never happened before. Yet it seems to have passed with little notice. Whether this will be a good or bad thing remains to be seen but it is a course that will be new to us.

DA Cruz’s Real Problem: He’s Not My Cup of Tea

(`) Liberty CriesIt is interesting to watch the attack in the Boston Globe on Plymouth District Attorney Timothy Cruz unfold. I have never met the man nor do I know much about him. My initial impression is that he runs a lousy office because he has been in office for 14 years and back in 2011 he lectured his staff: “We do not plea bargain in this office. So if you are not comfortable or do not believe in my policies, then maybe you should not be working here.”  

For my money any DA who say he does not allow plea negotiations has no idea what his job is about. How does he decide what to recommend for a sentence? Or does he not make recommendations? Does he just leave it up to the judge to come up with the sentence without any input from his office? If he does not make recommendations he is not doing his job for the people are entitled to input into a sentence a person is to receive and a judge is entitled to be guided by the representative of the people as well as the defense counsel in the appropriateness of the sentence.

The Underhanded Reason for the Attack on DA Cruz

(`) Liberty CriesThe attack on District Attorney Timothy Cruz by the Boston Globe as I suggested in my post yesterday had no merit. Newman Flanagan the flamboyant district attorney in Suffolk County for many years was also its top trial lawyer prior to becoming DA. He would remind jurors when he argued cases that when they are dealing with crimes committed in the gutter the witnesses to the crimes were not going to come from Ivy League institutions; they also came from the gutter. The Globe’s problem with DA Cruz is that he got his witnesses from the hard streets who were not themselves angels. The alternative to DA Cruz’s vigorous and aggressive attempt to solve murders is to stand back and do nothing about them. The Globe offers no suggestion on what other methods he should have used to solve these crimes yet criticizes him wrongly.

I found the attack on Cruz unfounded and called it made up out of whole cloth. I questioned the Globe’s  motives because what Cruz has done is common to other prosecutors both federal and state. To get some testimony you have to make deals; remember John Martorano (12 years for 20 murders); Kevin Weeks (6 years for 5 murders) and others equally inexplicable deals that were made without a passing comment.