Domestic Violence or DV as its referred to by police and prosecutors is a serious problem nation wide as well as locally. A very serious problem! And my post will not attempt to justify or excuse anyone involved in an abusive relationship. But sometimes good intentions, and the overarching desire to protect the public can get in the way of common sense. Hmmm, common sense being involved in the decision making process seems like, oh I don’t know? Common sense! But that isn’t always the case.Because I’m a prosecutor and a skeptic by nature, I always carefully when my friends ask for legal advice or the occasional legal assistance. And I always, always look at the situation and the facts as if I was going to prosecute them myself. So when a good friend of mine referred someone to me with an arrest for domestic violence I was cautious. But I exchanged a few emails and then meet face to face. After hearing the entire story I felt that any prosecutor would be inclined to drop the case, especially once the “victim” declined to prosecute.

The incident was the by product of a M/s relationship that had ended. However because some personal property still needed to be collected there was contact. On the day of the incident my friend went over to her former Dominants home, words were exchanged, she stormed out got into her vehicle and in a fit of irrational anger drove her vehicle into HER lawn tractor; which dumped his. He calls the police and spends thirty minutes goading them into arresting her. Just when the police are about to leave, he tries to start his lawn tractor, since it doesn’t start shes arrested for Criminal Trespass and just for good measure the Cobb County Officers cite the offense under the Family Violence Statute.

Cobb County has a policy that it will not dismiss DV cases, however they have an option for non-violent first offenders to use their counseling option. Although my “client” wasn’t thrilled, she was willing to consider this option. We attended court and found out all the particulars of the program, and decided to decline the counseling and proceed to trial. For the vast majority of DV cases that fit the criteria for the counseling option, that is a very appropriate way to dispose of their case. But when the victim doesn’t want to testify, the officers  only saw peaceful interactions and the only “damage” was a tractor which wouldn’t start, the case seems destined to be dismissed.

I’m hopeful that when we get to another stage of the legal process, someone who might actually have to try the case and who might be concerned about evidence or the lack there of of, might actually be willing to sit down and discuss a rational way to dispose of the case. Which was the case with “take it or leave” counseling option. Call me crazy! But twelve to twenty-four counseling sessions addressing anger management  for striking a lawn tractor seems absurd; but that just me!

© 2010, edward. All rights reserved.

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Kinky Americans, are not the only sexually adventurous types to need to heed the old adage, “don’t try this at home!” Recently a UK kinkster, after consuming seven (7) pints of lager and one vodka & coke, decided the sure fire way to sexual self-gratification was once he’d return home, to remove his clothing, tie himself naked to a tree and for the coup de grace, tie a loop around his penis. Sometime during the cold evening, probably after reality reared its ugly head, he realized that his self-bondage wasn’t the best idea. Unfortunately he had made his rope bindings too secure and was unable to free himself. The man was found early the next morning, barely alive suffering from both hypothermia and significant blood loss caused by his repeated attempts to escape his rope bonds. Although he was rushed to the hospital, he died as a result of his experience. A large amount of pornography featuring ”rope bondage” was found on his home computer. Which begs the question, perhaps he should have paid more attention to the bondage techniques and safety issues, then simply drooling over the images. Whats unclear to me, is why did he have a loop of rope attached to his penis? What ever his reason, I believe this behavior qualifies as an extreme example of “don’t try this at home (alone)”.

© 2010, edward. All rights reserved.

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I remember the early days of the AIDS crisis in the united states, and vividly remember watching the television movie based on Randy Shilts’  book, “And the Band Played On”, and wondering why a county as medically and scientifically advanced as the United States could have dragged their feet for so long before legitimately address the problem. I remember being mad after the movie finished. Of course my attention soon turned to other matters.That was then, and this is now; the now being that I have been living with HIV for  two years. Taking my meds and seeing my ID Doctor every three months. I’m healthy, my T-cell count is high, over 775 and my viral load has been undetectable for over a year now. Which leads me back to Shilts’ book, “And the Band Played On”. Recently I found a used copy of the first edition published in 1987 by St. Martins Press. I have been both amazed and appalled.

Amazed at the personal courage the early doctors exhibited trying desperately to get funding and have the government take responsible action and appalled at the apathy and the disinterest that governmental  health agencies and the media exhibited. Since in the early stages of the epidemic, it was thought of as solely a gay issue. Although it’s a rather long book, it is a fascinating book that is well written and makes and interesting, although sometimes depressing read.

Its heartbreaking to realize the devastating early death toll might not have been so high, had the federal government acted quicker, more decisively and had provided adequate funding. While conservatives like to tout Ronald Regan as the epitome of a perfect conservative, and yearn for a return to Regan era conservatism. A more fitting mantel for Regan would be the president who fiddled while men died!

© 2010, edward. All rights reserved.

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The ruling handed down today in Perry vs. Schwarzenegger will likely become a seminal case for future case involving same sex marriage. Federal Judge Vaughn Walker found Proposition 8 unconstitutional violating both the Due Process and Equal Protection clauses of the U.S. Constitution. This case will be vitally important to future cases involving same sex marriage not only because it identifies how a ban on same marriage is unconstitutional, but also because of the detailed factual record Judge Walker asked to be assembled so he could assess the public interests supposedly served by proposition 8. This record will provide a wealth of information for all future case. “[T]his thorough review of both sides’ evidence vindicates the rights of LGBT people not only to marry based on love and commitment, as heterosexuals do, but to be treated equally and fairly by their government more generally. Just as past marriage victories laid the foundation for today’s important win, the court’s preparation of a detailed record for the Court of Appeals provides a potent tool for other legal cases and the many, ongoing educational campaigns. It doubtless will help more people see that anti-gay discrimination in marriage is destructive and unjustifiable…”

Although this issue is far fro resolved, and will likely end up in the United States Supreme Court, it was certainly a momentous day for equality and finding out that proposition 8 is unconstitutional!

© 2010, edward. All rights reserved.

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As a prosecutor working exclusively in juvenile court I handle a fair number of cases arising from incidents that either occurred at school or some action at school caused a problem outside school. Which is logical since children spend a great deal of time being transported to and from school,  during the school day and involved in extracurricular activities. I also have, and exercise my discretion regarding which cases to pursue and which to let go. Unfortunately common sense didn’t prevail in the “Great Nugget Caper”.This is a classic case of a school over-reacting to a situation they didn’t bother to properly investigating before calling in the local police.  Now it seems the district attorney’s office has dug in their heels and might actually prosecute this case.

From a prosecutor’s point of view EVEN if the student actually did steal the nuggets, this is not the type of situation that needs to brought into juvenile court. Schools have plenty of discipline options they can employ that would more effectively deal with type of situation;  in or out of school suspension is just one available sanction. I routinely dismiss cases where the school has already disciplined the student internally, BUT still files a juvenile complaint with local police and expects the juvenile court to punish the child again. School officials have there hands full dealing with student apathy, disruptive behavior and angry parents, but they still need to use common sense when deciding whether or not to involve local law enforcement.

© 2010, edward. All rights reserved.

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The Atlanta Eagle was raided by elements of the Atlanta Police Department, including patrolmen, undercover officers and members of “Red Dog” a specialized drug unit last September and is finally getting some closure. After the review board announced that officers should be disciplined.This first ruling of the Citizen Review Board focused on police conduct involving David Shepherd, who wasn’t even in the Eagle at the time of the raid, but upstairs in his apartment watching television. Officers went to Shepherd’s apartment and arrested him for operating a business without a license or having a current permit. The Citizen Review Board’s conclusion was that the officers actions constituted a false arrest; Cristina Beamud, executive director of the board stated, ”[H]e did not commit this offense on the date and time listed on the citation.”

The board voted to recommend that Sgt. John Brock be given a three-day suspension for his role in Shepherd’s arrest;  another officer, Sgt. B.E. Bridges, be issued a letter of reprimand. While the recommendations  handed down by the Citizen Review Board might might appear to be merely a “slap on the wrist” to the offending officers, it is a step in the right direction. This is likely only the first round of complaints the Citizens Review Board will consider regarding the Atlanta Police Department’s conduct during the Eagle raid.

Its interesting to note, that the police department attempted to justify its actions by saying that the department had received complaints of illegal sexual activity, were looking for illegals drugs and anyone with outstanding warrants; none of which were found during the raid. Which makes one wonder what the real agenda was behind the raid on the Eagle?

© 2010, edward. All rights reserved.

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Roman Polanski a fugitive from justice since he ran away prior to sentencing in 1978 for having sex with a CHILD. Will escape justice yet again. Swiss authorities have declined to extradite him to the United States. Switzerland is apparently the new France.Polanski has graciously suggested he would be amenable to being sentenced in absentia! David Walgreen, the Assistant District Attorney how is handling Polanski’s case had this to say, ‘”[T]he defendant is a fugitive, Walgren wrote. A fugitive child rapist, who for 32 years has made a mockery of our criminal justice system, should not be given the power or authority to request anything of this court until he, the criminal, acknowledges this court’s lawful authority by surrendering on his outstanding warrant.”‘

Polanski attempts to justify his flight from justice by claiming because he feared the trial judge would not accept the plea bargain that had been worked out, and because he served forty-nine whole days in jail. It was OK for him to flee the courts jurisdiction. Apparently Polanski was advised by his attorney any plea bargain has to be approved by the trial judge and are non-binding suggestions on how the parties wish to dispose of the case.

Polanski’s attorney also must have forgotten that simply because the victim wishes to dismiss the case now is also not relevant since Polanski plead guilty and was simply awaiting sentencing. Polanski is simply another “celebrity”  who thinks the laws don’t apply to them. Perhaps, sometimes before the end of his miserable child raping life, justice will finally catch up with Roam Polanski.

© 2010, edward. All rights reserved.

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Britain’s Supreme Court has ruled that homosexuality may be used as a reason for seeking asylum in the United Kingdom. The ruling underscored that the right of a homosexual individual to be themselves or not to have to deny their sexuality is a fundamental right. This issue arose after two men citing persecution in their home countries of Iran and Cameroon requested asylum in the U.K. Initially the men had been refused asylum on the grounds that they could hide their sexual identity by behaving ”decently”. The Court of Appeals had ruled that the men weren’t entitled to asylum because concealing their sexuality made the situation “reasonably tolerable”. The Men appealed to the Supreme Court on the grounds that the “reasonably tolerable” standard was contrary to the Refugee Convention.

The Supreme Court agreed ruling that the men’s ceases could be reconsidered. “…[H]omosexuals are as much entitled to freedom of association with others who are of the same sexual orientation as people who are straight.”

Hopefully this ruling will inspire other countries to recognize that denying, hiding or dehumanizing an individual sexuality is just as repugnant to human decency as another form of discrimination.

© 2010, edward. All rights reserved.

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Anyone involved in BDSM or for that matter any kinky practice knows there are implements and devices involved. Which are often times expensive. Leading many practitioners to adapt and improvise common household products in ways their manufactures could never fathom.  This inventive spirit doesn’t always produce the desired results!An adventurous couple decided that it might be a good idea to attach a sex toy to a saber saw blade! At some point after this contraption was inserted and turned on, the saw blade cut through the toy and injured the women; requiring  medevac to a local hospital.

Police officials concluded no crime had been committed after interviewing the woman who told them the entire incident had been consensual; “they were just trying something new”! While I applaud there willings to push the envelope of their sexual pleasure, I can’t help but wonder at the wisdom of attaching a plastic device to an electric metal saw blade? But maybe I just don’t have the requisite inventive spirit!

© 2010, edward. All rights reserved.

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I had an individual post a comment on Twitter concerning Kink Friendly Law saying the basically I was a pro-gay blog too afraid to admit it. Perhaps of late, I have tended to write about issues and problems facing the gay community. Because as I see it these are issues that could effect almost any group or practice that is outside the “norm”.

And if anyone is still unclear that the real agenda of the Republican party is moving the United States back in time and becoming a county control more by radical evangelicals than the ideals put forward by the Founding fathers in the Constitution only need to look at the local Republican platforms in Texas and Montana. “[W]e support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal.” This language is a direct quote from the Montana Republican Parties platform. The party which long advocated smaller government now believes the government has not only a duty but a right to intrude into the bedrooms of private citizens. In effect Montana Republicans want to criminalize homosexuality.

While some people may be unconcerned since this only effects one particular group remember this slope is VERY slippery! This type of invasive intrusion could spill over to any activity between two consent adults; think BDSM, kinky sex generally or anything else that just doesn’t seem “normal”.

I know what you’re thinking, Texas has always been “crazy”,  and then, there is the fact that Montana seems to attract the paranoid right; both typically conservative western states. It couldn’t happen in a traditionally liberal state! But then there is Minnesota long a stronghold of liberal Democrats.  Except no one told Rep. Michele Bachmann (R-Minnesota) or Minnesota GOP’s nominee for Governor, Tom Emmer, both of whom have ties to You Can Run But You Cannot Hide, a Minnesota-based “Christian” rock band. Which has incestuous ties to not only Rep. Bachmann, but many figures inside the Minnesota Republican Party.

You Can Run But You Cannot Hide has this to say about the subject of homosexuality:  they believe that gay people should be murdered, much like they are in conservative Muslim countries.

As long as this country attempts either through governmental power or religious influence to define what is normal, no one living outside the mainstream is safe from becoming a target.

© 2010, edward. All rights reserved.

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