About Me

I created this blog so I could give my two cents on topics that are near and dear to me. All presented in a 9 inning format.

Monday, September 2, 2013

And with the 1st pick in the draft...

1st Inning.

Highlights of the Brew Crew...Jury  Duty.  Over the past two weeks I was called downtown to the Federal Courthouse for jury selection.  A day of jury selection involves the following:  Prior to arriving at the courthouse you will have called the jury hot line after 5pm on the previous Friday during your month of potential duty.  If you are instructed to show up you will need to be there by 8am on Monday.  Arriving downtown you will need to find a close pay-to-park lot (I found one right across the street for $4/day).  Once you are in the courthouse you need to go through the security checkpoint.  There are no cellphones allowed past the security checkpoint but you can give it to the security guards and they will hold it for you and give you a nice shiny coin with a number on it for when you leave the courthouse and need to retrieve the phone.  You then make your way to the juror room and check in with their staff.  They will provide you doughnuts and coffee/soda/water while you wait and watch a short video on jury duty.  About 9am the judge requests the potential jurors to come to the courtroom for selection. Jury selection involves having all the jurors line up in a particular order and as you enter the courtroom you are given a sheet with a number on one side and a list of questions on the other side(the questions are as such: Name, City/County of your residence, Employer/Employment, Education level, Spouse's employer/employment, and number of children). 
 
For my first week of being called for selection, the judge, U.S. District Judge Beth Phillips,  had all the potential jurors sit in the audience section during the questioning.  The case involved an attempted bank robbery, using a firearm during a violent crime, and possession of a firearm by a felon.  Over a length of about 3-3.5 hours (with a short recess or two in between), the judge asked many questions pertaining to any relationship we might have with members of law enforcement, the legal community, and anyone that had committed a crime or had been a victim of a crime as well as questions regarding any relationships with parties/witnesses involved in the case.  After all the broad questions to the jury pool had been asked we where then instructed to stand one by one and give responses to the questions on the back of our juror number sheet.  Upon everyone giving their information the attorneys were allowed to ask follow-up questions.  The Public Defender in the case asked me a follow-up question regarding my employment (I had stated I work in the investigations field) and what kind of investigations I worked and whether they were criminal or civil.  I responded by stating that I worked National Security background investigations.  Once all the follow-ups were asked there was another recess for the attorneys to settle on a final jury list.  We were called back into the courtroom an hour later and has they read the jury list and sat the jury in the jury section I did not hear my name called and therefore was sent home for the week.    
 
The second week that I was called for selection there was a case involving possession of a firearm by a felon.  After rounds of the same questions from the week before by the judge, U.S. District Judge Greg Kays, I found myself needing to respond again regarding my employment.  During the last recess before they chose the jury the judge informed us that if anyone had a private matter to discuss about their background or eligibility to serve then we were to line up outside the courtroom door and they would call us in one by one.  Since the charge involved a firearm and I have a Federal Firearms License I felt that they might need to know about that.  At the podium between the attorneys and in front of the judge I explained my part-time side business as a firearms dealer.  The judge had a few questions about what types of firearms I sold then asked the attorneys if they had any follow-up questions.  The U.S. Attorney did not have any but the Public Defender asked if I had any training to which I replied that I was a member of the National Shooting Sports Foundation (trade association) and that they provided online resources for retailers and had a seminar recently in Kansas City with retired ATF agents to explain best practices for area retailers.  I then went back out of the courtroom and waited for them to call us all back in.  As we filed back in and prepared for the seating of the jury I had a feeling I was not going to be picked this week either but lo and behold they called my name and I took my seat in the jury section.  Once the remaining jurors were called out and seated, the judge excused the remaining potential jurors and he called a brief recess.  We were then escorted back to the jury room and given notebooks so we could take notes during the trial.  In the jury room was a long table with chairs, a dry-erase board, a fridge full of soda and bottled water, and a table of snacks. 
 
The trial began that afternoon and proceeded as follows:
  • Opening statements from both attorneys
  • A witness that had called 911 the night of the incident (U.S. Attorney witness) 
  • One of the first Kansas City, Missouri police officers on the scene the night of the incident involving the defendant (U.S. Attorney witness)   
  • Evening Recess
  • A second Kansas City, Missouri police officer that was the officer in charge at the scene (U.S. Attorney witness) 
  • A third Kansas City, Missouri police officer that discovered the firearm in question  (U.S. Attorney witness) 
  • A representative from the Kansas City crime lab (U.S. Attorney witness) 
  • A police officer from the Gladstone, Missouri Police Department (Defense witness)
  • A second officer from the Gladstone, Missouri Police Department (Defense witness)
  • An ATF Agent that specializes in import firearms (U.S. Attorney witness)
  • Closing Arguments 

A summary of the incident from the U.S. Attorney's website:
"Thibeaux (defendant)  was arrested on Feb. 22, 2013, after Kansas City, Mo., police officers were called at about 2 a.m. to investigate an outside disturbance involving a party armed with a gun. The officers were given information that there were two males and a female fighting and one of the males was waving a gun around. As the officers arrived, they observed a maroon Dodge Durango apparently stuck in the snow in the middle of the street. Two males and a female were apparently trying to free the vehicle from the stuck position in the snow. The officers asked the individuals to show their hands, but Thibeaux failed to comply with the officers’ orders. Thibeaux moved to the back of the vehicle, reached into the pocket of the vest he was wearing and threw a black object towards the driver’s side of the vehicle.  The object thrown by Thibeaux was recovered and determined to be a loaded Bersa .380-caliber, semi-automatic pistol. Thibeaux was determined to be a convicted felon and placed under arrest."

The Public Defender's argument was, of course, that the gun recovered at the scene didn't belong to the defendant and that it belonged to the other male suspect at the scene.  He had the two Gladstone police officers testify about an incident a few weeks after the initial incident where the 2nd suspect was pulled over in a vehicle then sped away while the Gladstone officer was standing next to the driver's side door.  The vehicle was recovered but the 2nd suspect was not.  In the vehicle was a non-Missouri driver's license with the 2nd suspect's name, a vial of PCP, some court papers with the 2nd suspect's name, and a Bersa handgun chambered in 9mm.  I believe his goal was to make us think that Bersa firearms are a rare thing and that the 2nd suspect is a Bersa collector.  The ATF agent brought in by the U.S. Attorney testified that Bersa handguns are not rare and can be found in gun shops all across the nation. 

We, the jury, deliberated for about 4 hours between Day 2 and Day 3 when we returned a 'Guilty' verdict.  The Public Defender did a great job of placing doubt in our minds but the evidence presented by the U.S. Attorney prevailed and lead to our verdict.  After reading the verdict, the judge excused us back to the jury room where he joined us for a Q&A.  A funny part of that was when he looked at me across the table and said he was very surprised I was picked for the jury with my background.  It gave us a chuckle!   My final impression about jury duty is that it is a very important part of our free society and our justice system.  If you or I ever find ourselves sitting in the defendant's chair we would surely want someone like us sitting on that jury.


2nd Inning.

Politics...I came across the videos below and felt they needed to be posted as they are relevant in today's society.

Ron Paul is....Nostradamus??? Interesting how he saw what was coming...


Bill Whittle makes a great virtual President and makes a great point on how we can better our society...


Glenn Beck talks about the Syria mess and makes an excellent point for why we should avoid getting any more involved...



3rd Inning.

Random Thoughts...Jalapeno flavored chips are my 2nd favorite behind BBQ...There should be a national holiday for everyone to hold Fantasy Football drafts...Does boob sweat smell worse than other bodily sweat???...To say we need to do something militarily about Syria because of possible chemical weapons use against civilians then why have we not done anything about North Korea and the million more people that have been killed under that regime???...


Paper clips have many uses such as a replacement zipper tab and Bluetooth ear holder...Candidate Obama and President Obama should meet and realize they have very little in common...I would rather castrate a hog(and I have helped do it) than attempt to trim the wolverine claws-for-fingernails on my 2-year old...Why were there no black conservatives or any minority conservatives invited to the MLK March Anniversary???...I am ready for fall to get here--Halloween and Fall Hunting!!!...

 
4th Inning.

Articles of the week...
  • Ron Paul...Superhero?..I didn't support him in the last Presidential election but I do like much of what he says and does.  Many of those traits are detailed in the link with some humor attached.

  • Irritated Genie..."A Department of Homeland Security manager in charge of buying weapons and ammunition for the government is, on the side, running an inflammatory website that throws around gay slurs and advocates the mass murder of "whites" and the "ethnic cleansing" of "Uncle Tom race traitors," according to the Southern Poverty Law Center."  In the immortal words of one of my coworkers:  "Holy crappola, Batman!"

  • Founding Fathers=Extremists..."Judicial Watch announced today that it has obtained educational materials from the Department of Defense (DOD) depicting conservative organizations as “hate groups” and advising students to be aware that “many extremists will talk of individual liberties, states’ rights, and how to make the world a better place.” The documents repeatedly cite the leftwing Southern Poverty Law Center (SPLC) as a resource for identifying “hate groups.”  So, the SPLC properly labels the fella in the previous bullet point but then labels the Founding Fathers as extremists...hmmm, something doesn't seem right to me.

  • Fall of the American Empire..."The Romans had an overextended military, they had debased their currency to pay off their debts, they had a bureaucracy that essentially was living as a parasite on the entirety of the Roman people…They also had a loss of control over their borders, Sexton said."  Interesting parallels and history always seems to repeat itself.

  • Robo-taxi... "With all eyes on Google Glass and the recent launch of the new Nexus 7 causing something of a stir, it’s easy to forget that the Mountain View company is also on a journey – albeit a very long one – to launch its self-driving car."  If they pull this off, and my gut says they will, the opportunity for expansion into other industries is endless--pizza/food delivery vehicles, parcel delivery, over the road shipping, etc.
    Robo-taxi from the movie 'Total Recall'

  • Dr. Ben Carson.."If King could be resurrected and see what was going on in America today, I suspect he would be extraordinarily pleased by many of the things he observed and disappointed by others. He, like almost everyone else, would be thrilled to know that there was a two-term black president of the United States of America and a black attorney general, as well as many other high government officials, business executives and university presidents."  A great message from Dr. Carson. 

  • Walter E. Williams... "Western values are under ruthless attack by the academic elite on college campuses across America. They want to replace personal liberty with government control and replace equality before the law with entitlement. The multiculturalism and diversity agenda is a cancer on our society, and our tax dollars and charitable donations are supporting it." A great message from Professor Williams. 



  • Thomas Sowell..."What was historic about that speech was not only what was said but how powerfully its message resonated among Americans of that time, across the spectrum of race, ideology and politics. A higher percentage of Republicans than Democrats voted in Congress for both the Civil Rights Act of 1964 and the Voting Rights Act of 1965."  A great message from Mr. Sowell.

  • Herman Cain... "Today, equal opportunity is pursued in the trenches, in your community, in your place of employment. The promised land of equal opportunity did not promise equal results. That’s where the divisive people get it wrong." A great message from Mr. Cain.






5th Inning.

American History Lesson...On August 28th, 1963, Martin Luther King, Jr. delivered his famous 'I have a dream' speech from the steps of the Lincoln Memorial in Washington, D.C..  His speech  during the 'March on Washington' to over 250,000 civil rights supporters was a call to end racism in the United States.  Per Wikipedia, "Widely hailed as a masterpiece of rhetoric, King's speech invokes the Declaration of Independence, the Emancipation Proclamation, and the United States Constitution. Early in his speech, King alludes to Abraham Lincoln's Gettysburg Address by saying 'Five score years ago...' ". 
 



The march did start off with disputes by some of the organizers over what the purpose of the march should be with different ideas coming from the National Association for the Advancement of Colored People, the Student Nonviolent Coordinating Committee, and King's Southern Christian Leadership Conference.  The competing groups settled on making the march's focus a support of President Kennedy's civil rights bill.  This was reassuring to President Kennedy who originally opposed the march and was fearful of it turning violent.  Due to the history of violence during previous demonstrations (usually by the authorities against the demonstrators) there was anticipation that this would be another instance of a violent confrontation.  In the end, the march was peaceful and there was not a single incident of violence.

 
The content of the speech is something that every American should know and admire and strive to live for.  The speech is captured in the video below.      





6th Inning.

What I'm Watching...42.  I recently had a proud moment as a father when my eldest daughter asked if we could rent the movie '42' on the U-Verse pay-per-view.  If you have paid attention to any of my blog posts you know I am a baseball fan so having my daughter ask to watch a baseball movie about a historic moment in the sport's history had me excited.  For those that are not familiar with the movie IMDB.com gives the following storyline, "In 1946, Jackie Robinson is a Negro League baseball player who never takes racism lying down. Branch Rickey is a Major League team executive with a bold idea. To that end, Rickey recruits Robinson to break the unspoken color line as the first modern African American Major League player. As both anticipate, this proves a major challenge for Robinson and his family as they endure unrelenting racist hostility on and off the field, from player and fan alike. As Jackie struggles against his nature to endure such abuse without complaint, he finds allies and hope where he least expects it."
 
Now I have read Buck O'Neil's book 'I Was Right On Time' and in it he tells about a young Jackie Robinson and an incident when the Kansas City Monarchs are travelling by bus and stop at a filling station to gas up the bus and Robinson walks over to the 'Whites Only' restroom only to have the station attendant holler at him to not go in there.  Robinson then tells the attendant to take the gas pump out of the bus and they will go elsewhere to fill up.  Seeing this scene portrayed in the movie set the stage for what kind of person Robinson was and the society he was going to deal with as he broke the color barrier. 
 
The movie did a really good job of capturing the life Jackie had to live during those first years as he worked his way from the Brooklyn farm team, Montreal Royals, up to the major league Dodgers.  There were some very despicable people in and around baseball and the actor who plays the Phillies manager becomes a centerpiece for the bigotry Robinson faced during his rookie season.  But my favorite part of the movie was seeing his teammates, especially Pee Wee Reese, rally around him.  Though, my wife and I had to explain the hatred and racism showed towards Jackie to our children while we watched the movie, we felt it was a good way to educate them on a bit of American history.  The fact that my girls didn't understand why Robinson was being treated in such a hateful manner makes me think that society is moving away from a racist nature and I am raising them right and blind to the color of one's skin and more focused on one's character.  Overall, I HIGHLY recommend this movie and I plan to purchase the dvd when it is released and add it to my collection.       

One other note and trivia tid-bit...I am a Kansas City Royals fan (no surprise there if you read this blog enough), and I am proud that Jackie Robinson played for the Kansas City Monarchs.  It is also neat that he played for the Montreal "Royals".  But did you know he also played for the Kansas City Royals?  Per KCRoyals.com, "That year (1945), Robinson, after playing for the Kansas City Monarchs, went to play in the California Winter League for a team managed by Chet Brewer, a former Monarch. Brewer wanted to label his California team the Monarchs but couldn't use the name, so he called his team the "Kansas City Royals" even though they played in the Los Angeles area. So you can bet somebody that Robinson played for the Kansas City Royals -- and win."


7th Inning.

Ammo for the .905 caliber rifle
Firearms Corner...I had a cousin point me in the direction of a video showing the largest caliber rifle produced, a .905 caliber rifle. Now first off, I hunt with a 7mm Remington Magnum rifle which packs a good little punch and I have shot a .300 Winchester Short Magnum that packs a good punch, but seeing the video of this .905 caliber and the fellas shooting it had me cringing in pain.  Some say shooting a large caliber rifle like the previous two I mentioned feels like being kicked by a mule, well seeing the look on these guys' faces I might rather be kicked by a real mule than take the punch of this .905 rifle.  Per Ammoland.com, "Ohio-based SSK Industries has produced the largest center-fire rifle in history.  It is a .905 caliber which produces recoil equivalent to shooting ten .30-06 rifles at the same time.  Each bullet costs $40 and comes in at a weight of 2400 grains.  For comparison, the bullet fired out of an AR-15 costs .50 to .70 cents and weighs approximately 55 grains.  The rifle itself is currently being produced at a weight of about 50 pounds, but the earlier prototypes weighed in at over 100 pounds." Per LiveLeak.com, "With a 2400 grain bullet, propelled by 240 grains of powder, it is comparable to a World War I-era tank round or a 20mm cannon in terms of kinetic energy. Estimates are that one of these rounds would easily pass through several human targets– even if each were equipped with full body armor."  So, if you find yourself needing to take down a rogue T-Rex in your neighborhood, you have found your rifle!  A video demonstrating the power of the rifle is below. Enjoy!




8th Inning.

FFL Factoid...Continuing with the 'Top 10 Frequently Asked Firearms Questions and Answers' per the ATF.

3. May I lawfully transfer a firearm to a resident of the same State in which I reside?
 

Any person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate interstate firearm transactions. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions. A list of State Attorney General contact numbers may be found at www.naag.org.- 3 -


9th Inning.

Baseball video..."I'm Crash Davis.  I'm your new catcher and you got lesson number 1."  Baseball is full of wisdom.


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