Michael Kitchen's Blog, page 27

How can you represent those people? Part Three

“What I’m Thinking About” Wednesday

June 25, 2014

To read Part One, click here.

To read Part Two, click here.

How can I represent those people?

I could easily point to the Constitution and claim that it is necessary to defend individuals charged with a crime in order to maintain a free and just society.  The adage that it is better that nine guilty people go free than it is for a single innocent person be convicted is reason enough.  And though this is a foundational reason, for me it’s more than that.

I would start by answering the question with a question:  Who are those people?

The way I see it, people are people.  Those people imply that there are some individuals who are not like the person who asks the question and me.  How are those people different than you and I?  What is that separation that should deny them from my representation?  And what is it that makes the questioner feel superior to my clients?

We live in a disposable society.  If something breaks, it is often cheaper to throw it away and buy a new one than it is to fix it.  And unfortunately, I believe, the mentality can make it easy or acceptable to have disposable people.  We, as a nation, are becoming more isolated from each other.  Our disengagement with others reduces empathy towards those that aren’t within our small circle of family and friends.  I’ve met a lot of those people in my practice.  They have families.  They have friends.  They have children.  Only a few are alone or have only a handful of people who are in their immediate circle.  But that doesn’t mean they are any less of a person than me.

We also live in a society fueled by media and entertainment for vengeance.  If we’re struck, we must strike back.  Harder.  It is so ingrained in our society it feels natural.  We don’t question why we were struck (or do so at superficial level that is biased towards defending one striking back – take 9/11 for example).

I cannot deny this emotion.  When we returned from our honeymoon we discovered our apartment broken into and all of our new gifts gone.  I’ve felt the heat for vengeance.  But we mustn’t jump to conclusions.

The first on-campus event I attended in law school was sponsored by the National Lawyers Guild.  They brought in three speakers who had one thing in common:  they had been death row inmates, all released after several years of appeals and the culling of evidence destroying the cases against them.  There, before me, sat a man who was weeks away from state execution, discussing his case, living with the conflicting feelings of being innocent but condemned to execution.  Vengeance doesn’t always lead to justice.  If sought hastily, it can create further injustice.

Life isn’t fair, right.  I disagree with that maxim.  Life is neutral.  It is people that are either fair or not fair.

The police and prosecutor were not fair with Donna Goodwin.  They incarcerated a poor, ailing, mature African American woman for one month.  After gaining a HIPPA release from Goodwin, I spoke with her doctor.  She knew Goodwin’s health and records for years, and would have never referred her to the physician on the prescription pad, mainly because she was from a competitor health care system.  When I demanded video evidence or eye witness testimony of Ms. Goodwin at the pharmacy, two days before the hearing the prosecutor told me they were going to dismiss the case because they had no witnesses.

The nosy-body neighbor was not fair to Eddie Lee.  She and Gerry made a false claim to get Eddie Lee in trouble.  What they didn’t count on was the three witnesses that contradicted her story, and in a bench trial before the judge, Eddie Lee was found not guilty of attempted criminal sexual conduct fourth.  Ms. Nosy-body took it further and filed a disorderly conduct charge against one of the witnesses who testified in the trial, who I then defended, achieving a dismissal of that charge.

The rent-a-cops at the grocery store were not fair to Scott Young.  At their testimony during the preliminary examination, they claimed that they were several car lengths away when Young pulled up and stopped to pick up his mother.  The judge bound the matter over, but in a Motion to Quash, the circuit court judge dismissed the assault with a dangerous weapon felony.

The probation office was not fair to Danny Hugel.  I filed a motion to have Hugel removed from the Sex Offender Registry, based on a 2009 Michigan Court of Appeals decision that ruled that having to register after successfully completing HYTA before October 1, 2004 and not required to do so after October 1, 2004, was cruel and unusual punishment, contrary to the Michigan Constitution.  While awaiting that hearing, the probation officer levied another frivolous probation violation against him.  On a Tuesday, the hearing before the judge to remove him from the Sex Offender Registry was held, and the judge ruled in our favor.  Two days later, with the new alleged crime of failing to comply with the sex offender registry and the probation violation, the charges were dismissed.

It would have been easy for these four individuals to take plea deals, or should I say, for an attorney to guide them into taking pleas.  Life’s not fair, right?

So it’s a Constitutional duty, and a duty to uphold justice and fairness.  But there’s one other element that I have found with most of these clients.  I like them.  I can relate to them.  Those in jail, I don’t mind visiting them prior to our first appearance in court, to get their side of the story that they feel would go unheard but for my visit.  For the four clients above – and others like them I have defended – their situation could have happened just as easily to you or to me.

I tend to root for the underdog, and when someone is charged with a crime, there is no bigger underdog.  Of course, in a number of cases, the issue is not innocence or guilt, but rather damage control.  The act was committed, and a sentence has to be imposed.  In those cases, my goal is to get a fair sentence for the client, instead of having the book thrown at them.

People who are charged with a crime are not necessarily bad people.  Should a single act define who we are?  Think of some of the single acts you may have engaged in that you may not be proud of.  Would you want your life to be defined by that?

This is why I defend people charged with crimes.

One page at a time.

Monday Musings.

June 23, 2014

My name is Mike.  I am a bookaholic.

We went to the Ann Arbor Book Festival on Saturday.  A street blocked for authors, publishers, and booksellers, displaying their wares on a gorgeous summer afternoon.  It also included a pub crawl, or “book crawl” of authors doing readings Thursday and Friday night, and all day Saturday at Ann Arbor book stores and watering holes.  I settled into Aunt Agatha’s Mystery Book Store with Karen Dionne’s launch of The Killing: Uncommon Denominator, based on the television show.

Our day ended with a visit to Nicola’s Books on the way out of town.  That’s where the addiction was recognized.  While browsing the displays I came upon Jonathan Miles’ novel Want Not.  I distinctly remember my last visit to the Ann Arbor book stores, seeing this title at both Nicola’s and Literati Bookstore, and having a huge interest in reading it.  There it was, staring at me again, and the thought that revealed my addiction popped into my mind:

Did I buy this already?

I racked my brain.  What did I purchase last time at Literati and Nicola’s?  It was a mildly agonizing process.  I didn’t have it written down on the index card tucked in my wallet of books on my “to get list.”  Surely I would have added it if I had left it behind.  If I purchase it, then I would have two copies.  I suppose I could return it, but for the hour drive to Ann Arbor to do so.  And if I hadn’t purchased it, it may not be here next visit (there were only two copies on the display).

Not remembering if I already had a copy of a book that had interested me had to be the sign – the lightning bolt of awareness that I have an addiction.  My stack of “to read” books could easily reach the ceiling of my Borders Memorial Library.  I am falling deeply behind on all the books I’ve wanted to read – months, perhaps years behind.

It was time.  Time to take control of this plethora of pages piling up before me.

I have made a vow.  No more book purchases until 3,000 pages have been read.

It will be a difficult restriction to maintain.  I am not a fast reader, averaging about 20 pages an hour.

There are three exceptions to this vow, though.

1.  I can purchase any of the Borders Classics (soft, hard or leather) that I need to fill my library if I see them.

2.  Author signings.  If I have taken the time to attend an author signing it is only appropriate that I purchase his/her book.

3.  At the end of July, we are going on vacation to New York City.  With all the bookstores there, the restriction will be lifted.  Being in New York specifically for vacation and to see two soccer matches, the purchasing of books will be of low priority, which should be safe from overindulgence.

Saturday night, I’ve identified the books containing the first 3,000 pages that I am to get through, which includes the remaining pages of four books that I currently have bookmarks in.

I’ve got to get this addiction under control…one page at a time.

USA! USA!, Post-Potter J.K. Rowling, and getting the band back together

Friday, Finally!

June 20, 2014

- Was that amazing or what?  You couldn’t have written it any better.  Of course, I’m talking about Monday’s victory by the US against Ghana in the World Cup.  The goal and the grit of Clint Dempsey.  He scores the first goal in the first thirty seconds of the match, then minutes later, suffers a broken nose, yet battles on for the full ninety.  In the 82nd minute, Andre Ayew ties the match, putting the US hopes in question.  Then, 21-year-old John Brooks, subbed in at the half due to an injury to Matt Besler, scores the winning goal from a corner kick delivery by Graham Zusi in the 86th minute for the US win.

Clint Dempsey at Ford Field, 2011, US vs Canada CONCACAF Gold Cup Match

-  Has anyone else noticed that on Facebook (and probably Twitter)  people who had never said anything about soccer, posting “GO USA” type comments on Monday?  That’s okay.  Come on board!  The global soccer bandwagon is as large as the Earth.

- Sunday is the next match for the US.  They face Portugal, who lost to Germany, 4-0.   Don’t let that fool you.  Portugal is a talented team with one of the world’s best players, Christiano Ronaldo.  He’s the kind of player that can carry a team on his back.  Portugal cannot afford a second loss in the group stage or they are guaranteed to go home after the June 26th match against Ghana.  They are a wounded animal trying to survive.

- Three World Cup matches a day have been awesome.  But wait until next week when four matches a day are played to close out the group stage.

- J.K. Rowling’s new novel The Silkworm (under the pseudonym Robert Galbraith) was released this week (unless you order from Amazon which will take a couple weeks due to their dispute with Hachette Publishers – so purchase it at your local or online independent book seller like I did at New Horizons Book Shop in Roseville).  This is her second novel under the pen name, and third work of fiction post-Harry Potter.  Has anyone read The Casual Vacancy or The Cuckoo’s Calling yet?  Curious as to your thoughts about her fictional worlds beyond Hogwarts.

- On this date in 1980:  Joliet Jake and Elwood Blues took us on a wild romp and revitalization of rhythm and blues music as “The Blues Brothers” movie was released.  Classic.  Got a favorite line or scene?  Song?  Loved their first “gig” in the bar where they play both kinds of music – country and western.  And Cab Calloway was awesome.

- Another week without a local Detroit City FC match.  Wednesday’s friendly against the Columbus Crew Super 20′s was postponed due to severe weather.  Friday, they play on the road against the Indiana Fire Juniors, who have been our toughest competition in the division thus far, as we drew even, 2-2, in our only previous meeting against them.

- Ann Arbor Book Festival is Saturday.  I’ve got my DVR set to record the World Cup matches as I pay a visit to the festival.  I came very close to signing up for the writer’s conference, but opted out this time.  Maybe next year.

Enjoy your weekend!  Our union men and women fought hard for us to have them!

How can you represent those people? Part Two.

“What I’m Thinking About” Wednesday

June 18, 2014

(If you would like to read Part One, click HERE)

I gave Donna Goodwin(1) a copy of the police report.  It included copies of the prescriptions that she allegedly had filled.  Goodwin explained to me that she lived on a fixed income in Detroit, her doctor’s office within walking distance of her home, and the pharmacy she filled her prescriptions with was on the corner.  She had never heard of the doctor whose name was on the prescription.  Until this charge, she had never been in Clinton Township.  She provided me with the name of her doctor and her office location.  Goodwin also told me that her state id had been stolen from her the summer before.

In February, 2008, I sat for the Michigan Bar Exam.  I had left the City of Detroit to try my hand at running a business, which lasted eighteen months during the recession.  I then clerked for a legendary labor arbitrator whose office was in Detroit, and with his encouragement I decided to go after the license to practice law.  I swore into the Bar in May, 2008.

Swearing in before Judge Richard Caretti in Macomb County Circuit Court.

I took Eddie Lee and his neighbors aside to go over the police report.  He was alleged to have been drunk, left the lawn chair he had been sitting on in Al’s (his neighbor) front yard, then crossed the street to where the alleged victim was sitting on the front porch of a male’s home.  She claimed that Lee started hugging on her and had touched her private parts through her clothing.

Al told me that her story was complete fabrication.  The woman was the neighborhood’s busybody, sticking her nose into every neighbor’s business.  Al was barbequing with Lee sitting in a lawn chair.  Yes, he was drunk.  So drunk that Al said there was no way Lee could have walked across the street without falling face first on the ground.  Ms. Busybody had walked in front of Al’s home, looked at the two men and said, “I smell marijuana.”  Al told her to leave because the only thing smoking was the burgers on the grill.  She walked away in a huff and joined Gerry, a known alcoholic and loud mouth, on his front porch.  About twenty minutes later the police arrived and talked to Ms. Busybody.  They then walked over and arrested Lee.  Two of the neighbors confirmed Al’s version of the story.

The arbitrator was near the end of his career (though I wouldn’t be surprised if  he was still arbitrating labor cases around the country today, six years later).  I needed to consider my options.  The City of Detroit Law Department was hiring in the Labor and Employment Section, where I had clerked during law school.  The interview with two people I had previously worked for was promising, but the open position was for an experienced attorney, not an entry level attorney.  What options were available to me, a forty-six year old male at the start of his law career?

Scott Young told me that he was driving his mother grocery shopping.  He took her to a store where she purchased some groceries.  However, she needed to go to a second store to get the things she needed that the first store did not have.  Young dropped his mother off at the front door, then parked the car and waited for her.  Thirty minutes later, Mom came out of a different door.  No groceries.  No cart.  He drove to meet her.  When she entered the car he asked her what she was doing.  She insisted he drive away.  They drove out of the parking lot, but was immediately pulled over by the police.  According to the police report, Mom had filled a shopping cart with groceries and had pushed them past all points of sale and into the foyer between the two sets of doors leading out.  (This was where the restrooms were located in the store).  Two plain clothed security guards stopped her and began to question her.  She claimed she needed to use the restroom, but they assumed she was trying to walk out with the cart.  She abandoned the cart and left the store.  The two security guards followed and alleged that Young had sped the car in their direction, almost striking them as he stopped to pick Mom up.

A guy I went to law school with, who sponsored me when I swore into the Bar, Kevin Johnson, suggested I look into criminal defense because he said that it seemed right for me.  I shadowed him on his court days, then took the full day session, “A is for Attorney” held on the first day of the Fall 2008 Criminal Defense Attorneys of Michigan conference.  That launched my criminal defense practice.

Kevin Johnson sponsoring me on my swearing into the Bar.

In 2000, Danny Hugel was seventeen years old.  He plead to a charge of criminal sexual conduct fourth degree for touching the breasts of a thirteen year old girl without her consent.  He was sentenced under Michigan’s Holmes Youthful Training Act (HYTA) which allows a defendant under the age of twenty-one to plead guilty to a charge then be sentenced to a period of probation.  If the defendant successfully complete the term of probation, the case is then dismissed and becomes a non-public record.  However, in 2000, the Sex Offender Registry Act (SORA) required someone convicted of a criminal sexual conduct fourth degree to register as a sex offender.  The law contradicted itself.  HYTA dismissed the charge, however SORA proclaimed it to be a conviction of a sex crime.

There’s the back story.  That’s the “how.”  You really want to know “why.”  Why would I dedicate my practice to representing those people?

I’ll answer that by starting with a question.  Who are those people?

Concluded next week.

(1)  All clients name’s have been changed.

Monday Musings: June 16, 2014

June Sixteenth.  A day we’ve been waiting for, right America?

The United States vs Ghana.

No, our military industrial complex isn’t gearing up for an invasion of the western African nation.

It’s the US Men’s Team’s first match in the 2014 World Cup in Brazil.  ESPN begins the show at 5:30 PM.  It is a key game as their group stage competition begins.  A win against Ghana sets them in a decent position before playing Portugal on June 22nd and Germany on June 26.  Germany and Portugal will play earlier in the day.

It’s a match for revenge.

In 2006, the US played Ghana in the final match of the group stage.  A US win would have allowed them to enter the Round of Sixteen.  But Ghana defeated the US 2-1, and advanced out of the group, sending the United States’ team home.

In 2010, the US advanced out of the group stage with a huge 1-0 victory over Algeria.  That placed them in the Round of Sixteen against Ghana.  A goal in the 93rd minute by Asamoah Gyan broke the 1-1 tie, eliminating the US once more from the world stage.

It’s going to be a good one, my fellow American.

WORLD CUP:  So far, eleven matches have been played, and it has been exciting.  The Netherlands revenged the 2010 World Cup final defeat to Spain by hammering them 5-1.  Robin Van Persie’s first goal for the Dutch, which tied the match after Spain scored on a penalty kick, is epic.  Costa Rica upset Uruguay, 3-1.  And Switzerland waited until the very last moment, after Ecuador had a break and opportunity in the Swiss box to put away a winner, to march up field and take a 2-1 victory.   There has been thirty-seven goals scored and no draws thus far, averaging more than three goals per game.  And goal line technology proved superior to the naked eye on France’s second goal against Honduras.  From all camera angles it did not look like the ball crossed the goal line.  The goal line technology clearly showed otherwise.

SPEAKING OF SOCCER:  Detroit City FC had a successful trip to Cleveland on Father’s Day.  By the fifteenth minute, DCFC had a 2-0 lead (looks like we like taking 2-0 leads early in Ohio stadiums).  Final score:  5-1.

The team has a friendly match against the Columbus Crew Super 20′s Wednesday night at Cass Tech.

LOVER OF BOOKS?  The Ann Arbor Book Festival is this week.  There’s a “book crawl” on Thursday, Friday and Saturday with authors doing readings at each location.  The book fair takes place Saturday, as well as a writer’s conference.  All the information you need can be found at aabookfestival.org.

Gotta run now.  The car needs its 40,000 mile check up.  Have a wonderful week!

Can Clint Dempsey (8) and Michael Bradley (4) lead the US over Ghana?

Superstitious? Finding friends in federal prison and Detroit City FC pride

Friday, Finally!

June 13, 2014

- Friday the 13th.  Feeling superstitious?

-  You’ve seen it on the news often.  A person is taken into custody and charged with a crime.  Neighbors and family are interviewed and many times you’ll hear phrases like, “He seemed like a nice, quiet guy.”  “Never had a problem with him.  Always pleasant.  Kept to himself.”

Marie Mason was a girl I knew in high school.  An intelligent, soft spoken girl, I don’t recall how many classes I had with her, but they were usually college-prep type classes, like physics, trigonometry, pre-calculus.  I don’t recall any specific conversations with her, but I remember the sense I had about her.  She was mature for a teenager.  An old soul within a young body.  Always nice.  Always kind.

(Marie held the Secretary position on the Executive Forum, top right photo, she’s on the left, and also in the bottom row, second photo from the right).

On a high school campus that graduates over one thousand people, and in a time before the internet, I lost track of her.  It wasn’t until a year or so before my 30th class reunion that I found her.  And federal prison was not the place I expected.

On September 8, 2008, Marie entered into a guilty plea of Conspiracy to Commit Arson, and two counts of Arson.  According to the Plea Agreement, during the evening of December 31, 1999, Marie, her then-husband Frank Ambrose, and three others, set a fire to Agriculture Hall on the Michigan State University campus.  The next day, January 1, 2000, they destroyed, by fire, a John Deere Hydro-Ax Shear and commercial flatbed trailer – equipment used in commercial logging – parked on the side of the road near Mesick, Michigan.

Marie and Ambrose were committed environmentalists and had become affiliated with the Earth Liberation Front (ELF).  ELF was a loosely organized movement of individuals committed to the eradication of commercial, research, and other activities that are harmful to the natural environment.  The Agriculture Hall was identified by this small group as a place where records of, and papers relating to, plant genetic research were maintained.

Ambrose filed divorce papers almost ten years later on the day Marie was arrested.  For two years, he spied on activist groups for the FBI, taping incriminating conversations with activists including Marie.  (See www.supportmariemason.org and “Green Scares & Marie Mason“, fifth estate, Spring, 2011).  The Feds recommended a twenty year sentence (240 months) for Marie.  In the Defendant’s Sentencing Memorandum Regarding Disparity was a recitation of sentences by defendants committing far more acts of arson and property damage than the four arsons and $4 million of damages Marie plead to.  A sample of these are:

Jacob Ferguson – 21 arsons – over $30 million damages- sentenced to probation.

Stanislas Meyerhof – 11 (or more) arsons – over $30 million damages – sentenced to 156 months.

Kevin Tubbs – 11 arsons – $20 million damages – sentenced to 151 months.

Chelsea Gerlach – 7 arsons – $27 million damages – sentenced to 108 months.

On February 20, 2009, Marie was sentenced to 240 months on the conspiracy charge; 262 months on the arson of the Agriculture Hall; and 180 months to the arson of the logging equipment.  Restitution was also ordered in the amount of $4,139,536.  All sentences to run concurrently.

If that wasn’t already excessive punishment, Marie is currently being held in a maximum security federal prison in Texas, in a special wing with restrictive policies regarding communication.

Needless to say, she didn’t make it to our 30th class reunion.

It is easy to accept that Marie plead guilty to the charges and as punishment should do time.  But her case is one of the  harshest sentences imposed under the guise of eco-terrorism.

Today, at the Cass Cafe, an exhibit of Marie’s paintings created while incarcerated at the Carswell Federal Prison in Fort Worth, Texas, opens.  The exhibit will run through Saturday, June 21st.

- No DCFC soccer this weekend.  At least not at Estadia Cass Techia.  They do play in Cleveland on Sunday, which would make a nice Father’s Day outing.  And if I don’t make that, there’s ten World Cup matches from now through Sunday.

Last week’s match against Erie was awesome.  Once again, the crowd reached sellout proportions, setting another record at 3,234 fans in attendance.  DCFC partnered with the “You Can Play” project to promote inclusivity in sports.  The players wore a special jersey and were given to the highest bidder of a silent auction which took place during the game.  The proceeds of the auction were donated to the Ruth Ellis Center, a Highland Park shelter that serves at-risk LGBT youth.  Sadly, I didn’t win a jersey in the auction, but a limited number of jerseys were available for sale, which I did purchase one of them.  The match itself ended in a 2-2 draw against the hated Erie Admirals.  After falling behind 1-0, Detroit City mounted a comeback with a goal by Shaun Lawson in the 66th minute and a penalty kick conversion in the 72nd minute by captain Josh Rogers.  Unfortunately Erie scored a late equalizer in the 89th minute.

 

Quote:  (sung to the tune of “Yankee Doodle”)

“Come on City score a goal

It’s really very simple.

Put the ball into the net

And we’ll go fucking mental!”

Northern Guard Supporters chant.

How can you represent those people? Part One

“What I’m Thinking About” Wednesday

June 11, 2014

The first time I met Donna Goodwin(1) she was in the Macomb County Jail.  She was charged with obtaining a controlled substance by fraud.  The police alleged that Ms. Goodwin brought a prescription of Vicodin to a local drug store.  The pharmacy filled it, then the next day contacted the doctor on the script to determine its legitimacy.  The office manager identified Goodwin as a patient, but that the prescription was not legitimate.  The frail fifty-five year old, African American woman’s first statement to me was that she was glad to see me and asked me why she was there.

The other day I finished reading a collection of essays edited by Anne Smith and Monroe H. Freedman titled How Can You Represent Those People?  The theme of each essay is a response to the cocktail  party question asked of every criminal defense lawyer.  These lawyers have defended the tough cases – murders, rapes, etc.

The first time I met Eddie Lee was at the district court house for our first pre-trial.  Eddie was in his late forties.  The short African American man who lived in a low income housing project, was being charged with attempted criminal sexual conduct fourth degree.  It was alleged by a fifty-plus year old white neighbor that he tried to touch her lady parts.  He said little to me because of his diminished capacity, but the group of six neighbors who came to court in support of him told me plenty.

As I’ve been reading the book, I pondered how I would answer that question for myself.  I’m no Clarence Darrow or any of the seasoned attorneys writing these essays.  My caseload comes predominantly from court appointments out of Macomb County Circuit and a few district courts involving defendants charged with crimes punishable by five years or less.

The first time I met Scott Young, it was at the district court for a preliminary examination.  He was charged with assault with a dangerous weapon and conspiracy to retail fraud third – a felony and a misdemeanor.  It was alleged that he was the “getaway” driver for his accomplice who was attempting to shoplift from a grocery store, and that in the getaway attempt he came very near to driving his car into the plain clothes security officers following his accomplice.  An African American man in his forties, Young couldn’t believe the charges as all he was doing was dropping off and picking up his mother from grocery shopping.

Is it for the money?  Hardly.  Michigan ranks 44th in public defense spending.  In 2012, there were only 4,578 criminal cases filed in Macomb County Circuit Court, a slight increase from the previous year, but the trend has been dropping since 2008 when 6,210 criminal cases were filed (Page 28).  Fortunately for me, my law practice is the gravy for our home budget.  Were I to rely on my court-appointed case income alone to survive, I would qualify for food stamps.

The first time I met Danny Hugel was at court on the preliminary examination date.  He was charged with two counts of failing to comply with the sex offender registry by not providing his phone number and email address.  A thirty-something white male, Hugel said there was no way they could charge him with that.  After he had been arrested Hugel went back to the police station and talked to the dispatcher and learned that it was probably a clerical error.  I looked at his history and how he got on the registry fifteen years earlier and thought there was no way he should have been on the sex offender registry to begin with.

If not for the money, which to some would seem the only reason to go into the practice of criminal defense, then what?  These are ‘bad’ people, right?  Why would I, a ‘good’ person, want to defend them?

To be honest, criminal law was not the area of law I thought I’d practice.  Sure, I read comic books and was immersed in the good guy/bad guy myths which might naturally lead me to seeking employment in the prosecutor’s office.  But I was inspired to go to law school at the advanced age of thirty-seven – fifteen years after I graduated college – by two influences; Ralph Nader and because a bulk of the work in the legal profession involved writing.   I was working in a hotel at the time, on the midnight shift as a night auditor, when new management came in and began a practice of overbooking the hotel.  From what I learned on my own, the practice violated the Michigan Consumer Protection Law.  I was ignored, and soon after, I left the life of midnight shift and applied to law school.   I discovered Ralph Nader’s book, No Contest: Corporate Lawyers and the Perversion of Justice in America.  That was the spark.  I was writing a column for a hockey publication, but having no success with publishing short stories and novels at the time, and learning that being a lawyer required a large amount of time researching and writing motions and briefs, I thought this could be a better way to direct my desire to write.  That was the accelerant.  The fire began.

Also, before entering law school, I realized that Gandhi had been a lawyer prior to his amazing achievements practicing nonviolence in India.  The legal profession as a healing profession felt like a natural place for me.  I then landed a clerk position with the City of Detroit Law Department in the Labor & Employment Section.

Law as a healing profession.  Labor and Employment law.  Mediation.  Labor Arbitration.  Collaborative Divorce.  Exiting law school, I thought this was the path I was on.

Then it took a turn.

(1)  All clients’ identities changed.

To be continued next week.

Monday Musings: June 9, 2014

- It’s that time again.  Every four years, the world’s thirty-two best soccer teams meet in a predetermined county – this year it will be Brazil – to compete for The World Cup.  The opening match is Thursday, and the World Cup final will be held on July 13, 2014 in Rio de Janeiro.

This is the world’s sport, which captivates citizens across the globe.  Over a billion people – yes, billion with a “b” – viewed the final match of both the 2006 and 2010 World Cup finals.  So, for the next few weeks, I will certainly be musing about the beautiful game’s largest tournament.

Americans aren’t drawn to this massive world event.  According to a recent poll, 86% of Americans know nothing or little about the World Cup, two-thirds won’t be following it, but 7% will be following it closely.   

I’m not going to hypothesize why that is.  I’m sure there are several reasons.  I’m one of the 7% who will be following it closely.  And I’ll likely be musing about it.

If you’re one of the 86%, let me start you out with how this works.  I’ll do this slowly as the tournament proceeds.

The first step is the Group Stage.  The 32 teams that have spent the last couple years qualifying in their regions for a place in the World Cup, are randomly drawn (with some rules to evenly distribute teams by national regions) into eight groups of four teams.  Each team plays every team in their group once.  The winning team gets 3 points, and if the match ends in a draw, both teams get 1 point.  The top two teams in each group advance to the next round.  If there is a tie in the number of points, goal differential (goals for minus goals against) is the first tie-breaker, and if goal differential is tied, then whichever team has the most goals breaks the tie.

The groups for the 2014 World Cup are as follows:

Group A:  Brazil, Croatia, Mexico, Cameroon.

Group B:  Spain, Netherlands, Chile, Australia.

Group C:  Colombia, Greece, Ivory Coast, Japan.

Group D: Uruguay, Costa Rica, England, Italy.

Group E:  Switzerland, Ecuador, France, Honduras.

Group F:  Argentina, Bosnia-Herzegovina, Iran, Nigeria.

Group G:  Germany, Portugal, Ghana, USA.

Group H: Belgium, Algeria, Russia, South Korea.

The United States is in Group G, which you’ll hear referred to as “The Group of Death.”  This is because most groups have one or two dominant teams which should advance, however Group G has four quality teams which means two quality teams will be eliminated after this round.

Thursday the tournament begins with Brazil vs Croatia.  ESPN and ESPN2 will be televising the matches, so check your local listings for times.

- I seem to have a lot of premiere’s on my calendar this week.

On Wednesday evening in Troy, Grey Wolfe Publishing is holding a Summer Launch Party for a number of books in their line.  I will be there to sign copies of my novel, The Y in Life.  For details, go to Grey Wolfe Publishing’s website.

On Thursday evening in Detroit, Lolita Hernandez will be releasing her new collection of short stories, Making Callaloo in Detroit.  Details HERE.

On Friday evening, the Cass Cafe in Detroit will be opening the art exhibit, Marie Mason: Prison Work, which runs through June 21st.  For now I’ll say that Marie Mason graduated from Plymouth Salem High School in 1980 with me, and is currently serving time in Carswell Federal Prison in Fort Worth, Texas.  I’ll write more about her story on Friday.  For now, here’s the info on the opening, and a song by the fabulous folk singer, David Rovics about Marie.

Cass Cafe

4620 Cass Avenue

Detroit, MI

July 13, 2014

7PM- 10PM

Awakening to nature and mind

Friday, Finally!

June 6, 2014

- Country living discoveries:

We recently moved from an apartment to a home with a half-acre of land and a creek running the western border.  I call it country living, though really, it’s not out-in-the-boondocks country.  A half mile away is a major intersection and freeway exit, with every big box store imaginable (except for a Barnes & Noble…apparently reading is not financially supported out here).  Still, it’s more country than I’m comfortable with.  The city rat in me would prefer a Detroit riverfront apartment or condo, close to where the action is, or a college town like Ann Arbor, bustling with people with a bevy of book stores.  Thus far in our brief residency, we’ve had some interesting situations and discoveries.

For one, the trees we have are epic.  There’s one out front that was a late bloomer, but she’s huge and generous with shade in the front of the house.  In the back, a large maple occupies substantial real estate.  Then there are the lilacs.  Deep purple ones toward the back, and lighter ones along the creek near the driveway that provide a nice fragrance carried by a spring breeze as you enter or exit the car.

Then, there’s the wildlife.  A rabbit has been seen often scampering across the back yard.  Toads in the patch of landscaping on the side of the mother-in-law house.  Then, a couple of robins occupied a nest atop the front porch light, hatching two little babies.  They’ve since grown and moved on.

And of course, squirrels, including one brave soul who decided to climb the side of the house and perch on the window sill of my office.  I’ve since dropped some nuts outside the window, but there has not been a return visit.  Yet.

I hear this is the month for turtles to be nesting.  Maybe we’ll get lucky to see them, too.

Oh, and the mosquitoes.  They have made their appearance known.  I foresee a future purchase of a bat house to help with that problem.  Bats are in the area.  My wife saw one during one of the first evenings we moved in.

However, with the abundance of life also comes death.  A few days ago I had the window open in the office.  As the breeze passed by, there was this feint foul odor that would occasionally drift by.  On Tuesday, when my mother-in-law entered the mother-in-law house for the first time as a resident, after spending better than two weeks in the hospital, my wife and I took the garbage out to the curb.  On the way back, the stench hit us, like a wall, in one specific location.  It was so noticeable that the guy delivering the oxygen tanks and hospital bed for mother-in-law asked “Am I too late?”  The aroma was strongest near the well next to the creek.  We peeked inside, but it was empty.  It has to be something down in the creek.  Since then the fragrance of death has faded.  Locals to the area suggest it may have been a muskrat.

It’s only been five weeks.  It will be interesting to see how things change as the seasons change.

- The Precepts.

Sunday morning at Still Point Zen Buddhist Temple will be this year’s Precept Taking and Abbot Installation Ceremony.  It is a ceremony for individuals who commit to undertake the Buddhist path by embracing the Three Refuges and Eight Precepts.  The participants in the ceremony are then given a Buddhist name and a set of meditation beads.

Having moved yet further away from my spiritual home makes regular attendance a challenge.  Sitting alone is good.  Sitting with a group in the presence of a guiding teacher helps strengthen one’s practice.  Like the Buddha’s Birthday ceremony and the evening sitting in honor of the Buddha’s awakening, the Precept Ceremony is a must-attend event for me.  I make that commitment for two reasons; to support those who are participating in the ceremony, and, for personal reflection and re-commitment of when I took the Precept Ceremony on May 18, 2008.

-Detroit City FC host the Erie Admirals tonight at Cass Tech Stadium.  Special jerseys to recognize the “You Can Play” project to support LGBT athletes will be worn and auctioned at the conclusion of the match.  The anticipation is for another sell out.  City Til I Die.

Quote:  “Everything I know about morality and the obligations of men, I owe it to football (soccer).”  Albert Camus.

Proud of my team and family of supporters

“What I’m Thinking About” Wednesday

June 4, 2014

Friday night is soccer night in Detroit. Detroit City FC is hosting the Erie Admirals, which promises to be an exciting night. Erie is the team that eliminated DCFC from the playoffs last season, sparking an instant hatred of that team by supporters.

Photo by Michael Kitchen

Sports are interesting, aren’t they? The pitting of two teams, and their supporters, against one another in competition creates a dynamic whereby rivalries and grudges are created. University of Michigan fans and Michigan State University fans hope for in-state bragging rights against the other. The Michigan – Ohio State rivalry is one of the top of all time rivalries in any sport. The professional sports world experiences them, too, such as the Yankees/Red Sox in baseball, Redskins/Cowboys in football, Leafs/Canadiens in hockey, and Celtics/Lakers in basketball. We have soccer rivalries here in the US – Portland Timbers/Seattle Sounders and San Jose Earthquakes/LA Galaxy are a couple that come to mind. But over the pond, where soccer is even more prominent and proximate, there are some heated rivalries, called derbys (pronounced “darbys”). Manchester United and Manchester City. Liverpool and Everton. FC Barcelona and Real Madrid. Arsenal and Tottenham’s stadiums are only five miles apart. Someone once said that you could change your home, change your job, even change your spouse, but you never change your soccer team.

Last Friday I drove to Cincinnati where my sister and her family live. DCFC battled the Cincinnati Saints, and my sister and two of my nieces attended the game. I sat with the traveling Detroit supporters, while my sister and her kids stayed true to their hometown team. The banter prior and subsequent to the match was fun.

This Friday will be interesting also because the Detroit City FC players will be wearing special jerseys promoting the “You Can Play” project which creates a welcoming and inclusive environment in sports for athletes to be judged on their talent, heart, desire and work ethic and not discriminated against because of sexual orientation. The jerseys will be auctioned following the game with a portion of the proceeds to go to the Ruth Ellis Center in Highland Park, Michigan, which provides short and long term residential support for runaway, homeless, and at-risk gay, lesbian, bisexual, transgender youth.

Parents rejecting sons and daughters for prejudicial reasons is not a new phenomenon. People have a hard time understanding and accepting someone from a different culture or different religion or different race or different sexual preference than their own. Parents believe they instill their values in their children.  So when one’s offspring brings home a date who is not of the same religion or nationality, or skin color, or if their date is of the same sex, the parents feel rejection and failure. If anything, these parents should be proud, for they have taught their child that love and acceptance isn’t limited to people who look like, think like, and/or believe like them.  Love transcends those artificial barriers.

There’s a lot I don’t understand. I don’t understand how people proclaiming to be Christian would deny a couple the right to marry.  Sure, if you believe it is against the narrow tenants of your religion, then deny them a ceremony.  But don’t deny them the right.  I don’t understand how one’s sexual orientation affects his or her potential to be a great family member, employee, athlete, or all around human being.  To paraphrase Martin Luther King Jr. from his legendary speech, we should judge people by the content of their character. I liked the way the Northern Guard Supporters phrased it on their Facebook cover photo, “If they wear our crest, they are family. Regardless of who they love.”

Former Columbus Crew/current Los Angeles Galaxy player Robbie Rogers publicly came out in February, 2013. The NFL’s St. Louis Rams drafted openly gay, Michael Sam, this summer.  Brave men and excellent examples of organizations accepting players for their talents on the field. Add to that DCFC who, on the eve of Motor City Pride weekend in Detroit, embrace the “You Can Play” philosophy and help raise funds to help those shunned by their families.

Sports rivalries encourage hatred for those on the other team. But this is just sports. We can go into the night hating and verbally abusing the Erie Admirals. But in the end, we’re not going to disown our family and friends simply because they root for the opponent. My sister still let me spend the night at their house after DCFC beat their Saints.  Similarly we should not disown our family and friends merely because they are of a different sexual orientation than ourselves.

I hope we trounce those bastards from Erie.  And I hope I win a silent auction, too.