I think it will be very interesting how his second trial unfolds now that he will have a better legal team with better expert witnesses to debunk the dubious testimony of the prosecution.

The prosecution isn’t showing any signs of dropping the charges; if anything they seem to be hell bent on keeping Maye behind bars:

“Certainly we disagree,” said District Attorney Hal Kittrell, adding that the attorney general’s office will seek a rehearing on the matter and will appeal, if necessary, to the state Supreme Court.

If the courts all agree that a new trial is necessary, there will be another trial because prosecutors believe Maye is guilty, he said. “We didn’t buy it (his self-defense claim), nor did a jury, so we’ll go back.”

For more background on the Cory Maye saga, here are some of my previous posts on the case posted here and elsewhere.

Reason.tv also did a great job telling Cory’s story (below).

3 Doors Down
“Citizen / Soldier”
3 Doors Down (2008)

Beyond the boundaries of your city's lights,
Stand the heroes waiting for your cries.
So many times you did not bring this on yourself,
When that moment finally comes,
I'll be there to help.

On that day when you need your brothers and sisters to care,
I'll be right here.
Citizen soldiers holding the light for the ones that we guide from the dark of despair.
Standing on guard for the ones that we sheltered,
We'll always be ready because we will always be there.

When there are people crying in the streets,
When they're starving for a meal to eat,
When they simply need a place to make their beds,
Right here underneath my wing,
You can rest your head.

On that day when you need your brothers and sisters to care,
I'll be right here!
Citizen soldiers holding the light for the ones that we guide from the dark of despair.
Standing on guard for the ones that we sheltered,
We'll always be ready because we will always be there...

There... there... there...

Hope and pray that you'll never need me,
But rest assured I will not let you down.
I'll walk beside you but you may not see me,
The strongest among you may not wear a crown.

On that day when you need your brothers and sisters to care,
I'll be right here!
On that day when you don't have the strength for the burden you bear,
I'll be right here!
Citizen soldiers holding the light for the ones that we guide from the dark of despair.
(Citizen soldiers)
Standing on guard for the ones that we sheltered,
We'll always be ready because we will always be there./>

The song raises questions in my mind such as:

Who is ultimately responsible for this land (world) of confusion?

Is this confusion intentionally orchestrated by people in high positions of power or is this confusion the result of unintended consequences of government policies which passed with the best of intentions? (I tend to think it is a little of both).

Is this confusion inevitable due to our very humanity? (As long as there are individuals who wish to control the lives of others and wish to take from others by force and fraud, I can only conclude that the answer is “yes.”)

How can we, as in the words of the song, make this world “a place worth fighting for” ? (Do we really have any other choice?)

Below the fold, I also included both the Genesis music video and Disturbed’s cover version.

Genesis
“Land of Confusion”
Invisible Touch (1986)

Written by: Phil Collins, Tony Banks, and Michael Rutherford

I mustve dreamed a thousand dreams
Been haunted by a million screams
But I can hear the marching feet
They’re moving into the street.

Now did you read the news today
They say the dangers gone away
But I can see the fires still alight
There burning into the night.

There’s too many men
Too many people
Making too many problems
And not much love to go round
Cant you see
This is a land of confusion.

This is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth living in.

Ooh superman where are you now
When everythings gone wrong somehow
The men of steel, the men of power
Are losing control by the hour.

This is the time
This is the place
So we look for the future
But there’s not much love to go round
Tell me why, this is a land of confusion.

This is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth living in.

I remember long ago -
Ooh when the sun was shining
Yes and the stars were bright
All through the night
And the sound of your laughter
As I held you tight
So long ago -

I wont be coming home tonight
My generation will put it right
Were not just making promises
That we know, well never keep.

Too many men
There’s too many people
Making too many problems
And not much love to go round
Cant you see
This is a land of confusion.

Now this is the world we live in
And these are the hands were given
Use them and lets start trying
To make it a place worth fighting for.

This is the world we live in
And these are the names were given
Stand up and lets start showing
Just where our lives are going to.

The original Genesis video

Disturbed’s version from their 2005 album “Ten Thousand Fists”

The Denver Post is having guest columnists who are staunchly pro-legalization write persuasive and articulate articles which could be mistaken for something you might read here at The Liberty Papers. Here’s an excerpt from an article written by Robert Cory Jr.

Today, not much about Colorado’s economy moves. The state is broke and releases prisoners because it cannot afford to keep them. The governor slashes the higher education budget 40 percent. People lose jobs, homes and financial security. Our leaders face serious issues.

And what keeps some politicians up at night? That sneaking suspicion that some suffering cancer patient may gain limited pain relief through medical marijuana, coupled with that gnawing certainty that someone, somewhere, actually grew the plant for that patient.

But government cannot repeal the laws of supply and demand, and cannot extinguish the spark of freedom in peoples’ hearts. Now, the marijuana distribution chain becomes legal. Responsible entrepreneurs open shops to supply a skyrocketing demand for medicine. These small businesses serve needy patients. They pay taxes. They hire employees. They lease space. They advertise. And the drug war industrial complex can’t stand it.

The article only gets better from there. I find it very encouraging that Colorado’s newspaper of record would print this and that citizens are pushing back against big government, if only on this issue.

Why?

Because its one of the funniest videos I’ve seen on YouTube for awhile.

Yeah, I realize that this video has little to nothing to do with the theme or purpose* of The Liberty Papers but sometimes a little humor can go a long way.

This video was made from a group of friends who call themselves Jake2Matt. This was the winning video that was entered in a home video contest that the band Avenged Sevenfold (a.k.a. A7X) held for their song “Scream.”

Warning: The video contains crude humor and likely NSFW.

Enjoy!

*Although I might argue that this video could not be broadcast on network TV. The internet is the final frontier for free speech and expression. If nothing else, this is a celebration of this.

As if this wasn’t bad enough, bone marrow is included as part of the ban. The act of paying an individual for his or her bone marrow is a felony which is punishable for up to five years in prison for everyone involved in the illegal transaction.

The Institute for Justice has decided to challenge this most absurd provision of this absurd bill. Below is a video from the organization explaining their lawsuit against U.S. Attorney General’s Office:

For the sake of the Flynn family, here’s hoping that the Institute for Justice wins the day.

Hat Tip: The Agitator

Here’s a thought Mr. Suthers: rather than trying to interpret the law yourself, why not allow the state legislature and/or Colorado voters clarify the law. In the meantime, while the law in your opinion is vague, err on the side of freedom by no longer prosecuting medical marijuana users or dispensary operators.

Greeley (Colorado) City Council member Carrol Martin also expressed concerns with the Obama Administration’s change in federal policy: “The federal government says they’re not going to control it [medical marijuana], so the only other option we have is to control it ourselves” and “If we have no regulations at all, then we can’t control it, and our police officers have their hands tied.”

Councilman, I would argue that this is a very good thing. You are no longer responsible for enforcing federal laws but state and local laws regarding medical marijuana. Your police officers “have their hands tied”? I think it’s quite the opposite councilman. Your police department can now concentrate on violent crime rather than spend valuable resources on going after non-violent, medicinal, marijuana users and their suppliers. If anything, the Greeley police has their hands freed!

In a time when we have an administration which wants to control banking, housing, the auto industry, the healthcare industry, and everything in-between we have one instance of the same administration relinquishing control and giving it back to the states. This is the perfect opportunity for states to act as independent laboratories of government. Some will pass stricter controls on medical marijuana (or outright ban it) while others may go the other direction and outright decriminalize or leagalize marijuana altogether.

Kirk Johnson writing for The New York Times:

Some legal scholars said the federal government, by deciding not to enforce its own laws (possession and the sale of marijuana remain federal crimes), has introduced an unpredictable variable into the drug regulation system.

“The next step would be a particular state deciding to legalize marijuana entirely,” said Peter J. Cohen, a doctor and a lawyer who teaches public health law at Georgetown University. If federal prosecutors kept their distance even then, Dr. Cohen said, legalized marijuana would become a de facto reality.

Senator Morrisette in Oregon said he thought that exact situation — a state moving toward legalization, perhaps California — could play out much sooner now than might have been imagined even a few weeks ago. And the continuing recession would only help, he said, with advocates for legalization able to promise relief to an overburdened prison system and injection of tax revenues to the state budget.

This seems like a very reasonable step to take for California from a purely economic standpoint. As I reported in my post Reforming America’s Prison System: The Time Has Come, last year California spent almost $10 million on corrections, more than half of the U.S. prison population accounts for drug offenses, 75% of state drug offenders are non-violent offenders, and that nearly half of all drug arrests in the U.S. were for marijuana offenses.

By my math, that would mean that if California* released all non-violent marijuana users and stopped prosecuting new cases involving non-violent marijuana use, the state could cut its prison population by 19% and save California taxpayers about $2 million** per year just on corrections (to say nothing of other costs associated with policing marijuana use).

If California or any other state tried such a bold approach, the American public would most likely learn that legalization does not lead to the sort of mayhem drug warriors have warned us of over the decades***. We would most certainly not see the sort of mayhem that has occurred via the drug war.

Not only does this perfect storm which the Obama Administration created have possible implications for the War on (Some) Drugs, but the very concept of Federalism itself. What might state governments learn about self governing once they have been encouraged to do so? Might the states resist the next attempted power grab from Washington?

There are many exciting possibilities. Those of us who advocate for smaller government should make the most of this opportunity.

*Assuming that California’s prison statistics are in line with the overall national statistics.

** I know $2 million doesn’t seem like a whole lot but in states which are in financial trouble as much as California, every little bit helps.

***Portugal is a real world case study of drug decriminalization; I don’t believe the results would be much different here.

Judas Priest
“Tyrant”
Sad Wings of Destiny (1975)

Behold ’tis I the commander
Whose grip controls you all
Resist me not, surrender
I’ll no compassion call

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Your very lives are held within my fingers
I snap them and you cower down in fear
You spineless things who belly down to slither
To the end of the world you follow to be near

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Mourn for us oppressed in fear
Chained and shackled we are bound
Freedom choked in dread we live
Since tyrant was enthroned

I listen not to sympathy
Whilst ruler of this land
Withdraw your feeble aches and moans
Or suffer smite from this my hand

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

Mourn for us oppressed in fear
Chained and shackled we are bound
Freedom choked in dread we live
Since tyrant was enthroned

My legions faithful unto death
I’ll summon to my court
And as you perish each of you
Shall scream as you are sought

(tyrant) capture of humanity
(tyrant) conqueror of all
(tyrant) hideous destructor
(tyrant) every man shall fall

The woman, horrified that her and her son saw Williamson naked, called the police.

How does the police/District Attorney choose to deal with this situation? (Hint we are dealing with government officials here, throw common sense out the window)

A. Nothing. Police advise Williamson to make sure the windows are properly covered next time.
B. Nothing. The woman is advised not to take this shortcut again.
C. Both A and B.
D. The woman is charged with criminal trespass and violation of Williamson’s privacy. She could face up to 6 months in jail and a $1,000 fine if convicted.
E. Williamson is charged with indecent exposure and could face up to 1 year in jail and a $2,000 fine if convicted.
F. Both D and E. Both parties broke the law as both parties violated the rights of the other.
G. Neither D nor E. Both parties broke the law, therefore the penalties offset and no charges will be filed. (Replay 3rd down?)

(See the correct answer below the fold.)

If you guessed E then you are correct.

Apparently no consideration was given the fact that the woman and her son were trespassing in Williamson’s yard or that she was looking into his home. Imagine if Williamson was a woman and it was a man cutting through the yard with his son. Would the woman be charged with indecent* exposure or would the man be charged for being a peeping Tom?

That will have to be another quiz for another day.

*It may depend on how “indecent” the woman looks naked : )

What do you mean, “I don’t believe in God”?
I talk to him every day.
What do you mean, “I don’t support your system”?
I go to court when I have to.
What do you mean, “I can’t get to work on time”?
I got nothing better to do
And, what do you mean, “I don’t pay my bills”?
Why do you think I’m broke? Huh?

Chorus
If there’s a new way,
I’ll be the first in line.
But, it better work this time.

What do you mean, “I hurt your feelings”?
I didn’t know you had any feelings.
What do you mean, “I ain’t kind”?
I’m just not your kind.
What do you mean, “I couldn’t be president, of the United States of America”?
Tell me something, it’s still “We the people”, right?

Chorus

Can you put a price on peace?
Peace,
Peace sells…,
Peace,
Peace sells…,
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?

Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
Peace sells…,but who’s buying?
no, no no no no

peace sells,
peace sells,
AHH

Supreme Court Justice Louis Brandeis famously envisioned the states serving as laboratories, trying “novel social and economic experiments without risk to the rest of the country.” And on health care, that’s just what they’ve done.

[…]

Despite these state-level failures, President Barack Obama and congressional Democrats are pushing forward a slate of similar reforms. Unlike most high-school science fair participants, they seem unaware that the point of doing experiments is to identify what actually works. Instead, they’ve identified what doesn’t—and decided to do it again.

Of course if government did learn lessons of failed government policy…it wouldn’t be government.

Read the whole article to learn what future all Americans have in store should President Obama and the Democrats have their way.

As Congress lurches closer to a decision on an enormous overhaul of the American health care system, pressure is mounting on legislative leaders to make the final bill available online for citizens to read before a vote. […]

[…]

At town hall meetings across the country this past summer, the main topic was health care, but there was a strong undercurrent of anger over the way Congress rushed through passage of the stimulus, global warming and bank bailout bills without seeming to understand the consequences. The stimulus bill, for example, was 1,100 pages long and made available to Congress and the public just 13 hours before lawmakers voted on it. The bill has failed to provide the promised help to the job market, and there was outrage when it was discovered that the legislation included an amendment allowing American International Group, a bailout recipient, to give out millions in employee bonuses. […]

[…]

The [Sunlight Foundation] has begun an effort to get Congress to post bills online, for all to see, 72 hours before lawmakers vote on them.

“It would give the public a chance to really digest and understand what is in the bill,” Rosenberg said, “and communicate whether that is a good or a bad thing while there is still time to fix it.”

A similar effort is under way in Congress. Reps. Brian Baird, D-Wash., and Greg Walden, R-Ore., are circulating a petition among House lawmakers that would force a vote on the 72-hour rule.

Nearly every Republican has signed on, but the Democratic leadership is unwilling to cede control over when bills are brought to the floor for votes and are discouraging their rank and file from signing the petition. Senate Democrats voted down a similar measure last week for the health care bill.

Hope.

Change.

Transparency.

Damn…just…damn.

*Was it ever really?

More than 100 industry leaders and prominent authors — including directors Martin Scorsese, David Lynch, Michael Mann, Mike Nichols, Woody Allen and Neil Jordan — have signed a petition asking that [Roman] Polanski be released from Swiss custody. “Filmmakers in France, in Europe, in the United States and around the world are dismayed by this decision,” the petition says.

On the television show “The View,” Goldberg said, “I think he’s sorry. I think he knows it was wrong. I don’t think he’s a danger to society.”

I am rarely shocked by the hypocrisy of the Hollywood elites but I never dreamed that even these self-important hypocrites would come the defense of a child rapist. Though accused of drugging and forcibly raping his 13 year old victim, Polanski plead guilty to a lesser charge of unlawful sex with a minor. Yet Hollywood idiots such as Whoopi Goldberg go on national television and say things like “I think he’s sorry…I don’t think he’s a danger to society” and “it wasn’t ‘rape’ rape.”

If anyone has spent any time at all watching Dr. Phil, Oprah, To Catch a Predator, or virtually any other television program on the subject, one point that is often made is that pedophilia is “incurable” and are therefore offenders are always and forever a “danger to society.”*

Speaking of Oprah, where is she on this case? She spends a great deal of time and energy advocating stricter penalties for sex offenders and increasing budgets of local, state, and federal sex crimes task forces yet I have found nothing on her website or elsewhere about her thoughts on Polanski or the response of her Hollywood friends. Is she too afraid to offend her friends or does she also seem to believe that exceptions should be made for rich and famous celebrities?

Oprah, your silence is deafening.

My first thought was that this was another case of Hollywood exceptionalism but upon further inspection, this may not necessarily be the case. Had Roman Polanski committed a particularly heinous crime like voting for Bush, making a Jesus movie, or questioning Obama’s healthcare plan, these same people wouldn’t be signing petitions of solidarity or be so forgiving of him being a child rapist.

While the elites continue to point out that this crime occurred over 30 years ago and say we should forgive and forget, many thousands of individuals are required by law to register as sex offenders for the rest of their lives. Some of these individuals’ crimes are actually quite tame** in comparison to what Polanski plead guilty to doing. In some extreme cases, registered offenders are forced to move if a school bus stop is moved closer to their home (yes, this means that even though the registered offender was already living there before the home was near a bus stop, s/he is required to move). Because no one wants to live near a sex offender, these individuals have great difficulty finding a place to live; some end up homeless living under bridges.

Just yesterday, Radley Balko reported at The Agitator that Georgia sex offenders were ordered to live in the woods…until the story broke and the public outcry forced them back out of the woods. Balko points out that they will have to once again notify the state of their new address even though they have nowhere to go (which is not an excuse; failure to notify the authorities could result in arrest).

If these sex offenders have to endure this sort of treatment, it only stands to reason that Polanski should endure the same. Sure, I suppose none of these other sex offenders directed Oscar winning movies but I’m sure that many of them made positive contributions to society as well, their sex offenses notwithstanding.

Whether its Roman Polanski, Roman Catholic priests, or any other individual who chooses to abuse children, justice demands that the criminal justice system treats them the same. Shame on the Hollywood hypocrites and Polanski sympathizers who demand anything less.

*I don’t know if this is in fact the case or not. I’m not certain that even the experts know if pedophiles can be reformed or not.

**An 18 year old having sex with a 17 year old for example. Some states make no distinction between sex between teenagers, sex between teenagers and young adults, or the stereotypical pervert who sexually assaults prepubescent children.

The above video clip from The Daily Show, while very humorous, illustrates a fundamental problem of government: shortsightedness.

In this example, the State of Arizona is offering to sell the state capitol for $735 million and rent it back from the new owners.

“What happens next year when you have to pay rent?” asks Daily Show correspondent Jason Jones.

Sen. Lopez responds that the state government is more concerned about this year…they will deal with the next year’s budget (and subsequent budget) shortfalls when the time comes.

If this doesn’t illustrate the shortsightedness of government (at all levels), I don’t know what does. Our government officials do not look far beyond the immediate future (i.e. the next election). They don’t worry about the insolvency of Social Security, Medicare, Medicaid, the long term financial difficulties of the bailouts etc, they will worry about those problems (which they created and will also blame on the free market, big business, or lack of regulation) when they can no longer pretend the problem doesn’t exist. If they are lucky, the other party will be in power by that time and the American public will turn its anger against that party by voting them out.

What the American public needs to understand is that whether the blue team or the red team controls the levers of power, this shortsighted mentality is standard operating procedure for both. They are not interested in solving long term problems but trying to appear as though they are.

Politicians will not be accountable for their deceitful actions until we, the people, hold them accountable.

…I won’t hold my breath.

Life, Liberty, and the pursuit of drunkenness?

Well now that you put it that way…