Quotes

Arguments Commence in New Zealand Spear-Assault Trial

Let's stick with New Zealand, as long as it is going to keep generating stories like these.  Last week: false claim of wombat rape.  Monday: assault with a deadly hedgehog.  Tuesday: opening arguments in the trial, on assault charges, of a man who speared the thief who had broken into his car.

New Zealand sounds interesting enough that I would consider moving there if it weren't so goddamn dangerous.

Sam Spence is on trial in the High Court at Whangarei, charged with recklessly wounding Daniel Hill last January.  The facts: Spence had driven to the coast to go fishing.  Hill, who said he had driven there to go swimming along with his friend Justin and (for reasons not explained) a five-year-old boy, broke into Spence's car and stole his wallet and other items.  (Hill told a reporter he had done this to get money to buy meth, but later denied that.)  Unfortunately for Hill, someone saw the theft and left a note for Spence with the license number and a description of the thief's car.

Even more unfortunately for Hill, Spence had been spear-fishing.

Spence apparently got to his car not long after that, saw the note, and set out to find the thief.  Exactly how they encountered each other is not clear, but they did.  A chase ensued that sounds like something out of "Mad Max" (if "Mad Max" had involved a climactic car chase between a spear-armed fisherman in a Mitsubishi and a meth addict who had gone swimming with a five-year-old boy).  At some point, the cars drew alongside each other, and, according to the prosecutor, "it was during this confrontation that the flounder spear was thrown."

Flounder_light_kit_3 Trident2_3
Your basic flounder spear
& light kit
With special trident tip

In what frankly seems like a fairly impressive feat, Spence threw the meter-long flounder spear from one moving car through the open window of another moving car and managed to "embed" it in the skull of the man who had robbed him.  ("Man Embedded Flounder Spear in Thief's Skull, Court Told," was the headline.)  In my experience, once one guy has a spear stuck in his head, fight's over.  But amazingly, this did not end the chase.  Hill seems to have kept driving at high speed until the car's engine blew.  He testified on Tuesday, in fact, that at the time he did not know he had a spear embedded in his skull.

"I didn't even really feel it," he told the jury.  "Justin just said, 'You've got an arrow sticking out of your head, bro.'"

Spear_230 When the car broke down, Justin and the mysterious five-year-old fled.  Hill, probably slowed down a bit by the spear, was apprehended and taken to the hospital.  He had surgery to repair a skull fracture and was in rehabilitation for over a month, which is serious but seems much less serious than you would expect.  I am guessing that while the points of the trident went in deep enough to be "embedded," they did not actually penetrate Hill's skull.  The extent of the injury was not very clear, although Hill did take the opportunity to blame it for memory loss when he was on the stand Tuesday.

Crown Prosecutor Anna Patterson said that, while she did not condone Hill's actions, "neither can we condone the actions of the accused, who took the law [and a flounder spear] into his own hands."  She described Hill's decision to steal as "very unfortunate -- not only because it was illegal, but also because of the physical consequences."  Lesson learned: never steal from a guy with a trident.

Not to be outdone in re: stupidity, Spence has already raised a defense that I very much hope to hear more about.  According to the report, "Defence lawyer Arthur Fairley said Mr. Spence admitted throwing the spear at Mr. Hill, but denied doing it with reckless disregard for the safety of others."  Is there another way to throw a spear into the passenger compartment of a moving car?  Unless he is claiming he thought Hill was a flounder, I'm not sure where that argument is going.

Link: New Zealand Herald

"Follow the Chicken"

Q:  Do you have a separate business that you have
    
incorporated . . . or is this something you do
    
just in your own name?

A.  Sir, I had a vision back when I was a child that
     nobody else in this world could recognize but myself.

     I know where Osama bin Laden is today.
     I know the cure for SARS today.  I know many, many
     things in this world that other people don't recognize
     and don't understand and don't know.

     Simply because I follow the chicken.

From a classic deposition transcript that I'm surprised to see I haven't posted yet.  To learn more about following the chicken, follow the link.

Link: Pittman v. Dykes Timber Co. (Simpson County, Miss., May 28, 2003) (transcript excerpt)

Plain English Campaign: "If Nothing Needs to Be Said, Say Nothing"

In its latest act in defense of the language, today the Plain English Campaign went on the offensive against government signs and other warnings that do no more than state the obvious.  Saying that the statements are unnecessary and "assume a lack of intelligence on the part of the reader," the PEC called on the police, government agencies, and private organizations to stop.

Their primary example: a sign posted by police in Hertfordshire telling citizens: "Don't Commit Crime."  Other unnecessary government signs included "Warning: Platform Ends Here" and "Caution: Water on Road During Rain."

Obvious and (hopefully) unnecessary product warnings are also featured:

  • A packet of nuts labeled "Warning: contains nuts";
  • A can of pepper spray labeled "May irritate eyes";
  • An airplane's emergency-exit door labeled "Do not open door while airborne except in emergency"; and
  • A bike manual with the important warning, "Removing the wheel can influence the performance of the bicycle."  Dramatically, in fact.

The PEC also called on politicians to eliminate statements like "We are committed to improving the health service" and "We are taking the terrorist threat very seriously," which do not communicate useful information.  "Our advice," said a spokesman, "would be say what you need to plainly and simply then stop.  If nothing needs to be said, say nothing."

Pec_crystal_mark The Plain English Campaign is a great organization that has been around since 1979 and is very active in defense of the language.  The PEC publicizes good writing as well as bad, awarding its "Crystal Mark" to documents it has certified for clarity.  Organizations as a whole can also qualify.  I scanned the list, and while the UK Law Society itself (similar to U.S. bar organizations) had received the Mark, I saw few if any law firms on the list.  Something to strive for.

Go forth, write plainly, and don't commit crime.

Link: Yahoo! News
Link: Plain English Campaign
Link: Adam Freedman's Party of the First Part: Adventures in Legalese (blog)

Locking Kid in Closet During Packers Game Results in Jail Time

On Monday, a Milwaukee couple were sentenced to jail time after they pleaded guilty to charges that they locked the woman's 7-year-old son in a closet while they went to a casino to watch a Packers game last season.

They did provide him with a loaf of bread, some peanut butter and jelly, and a bucket, but the judge still did not consider this an example of good parenting.  (This poor kid even had to make his own sandwich, for God's sake.)  Calling their conduct "abhorrent" and saying that it "certainly shocks the conscience of the community," Judge Jeffrey Wagner ordered the two to undergo psychological screening in addition to serving seven and nine months (respectively) in jail, with another four years of probation.  The boy will stay with relatives.

According to the report, the assistant DA told the judge at the sentencing hearing that the couple had enough money to hire a babysitter, but didn't, and he showed the judge pictures of the couple's "extensive collection of Packers memorabilia."  Depending on when the conduct took place, he may also have mentioned that the Packers were not particularly competitive last year, so not only is the conduct abhorrent, it probably wasn't even a very good game.

The couple's defense attorney said he couldn't explain their behavior, but seems to have argued that it did not merit extensive jail time.  "What do you do?" he said to the judge.  "Maybe this coming football season, lock them in a room with a bucket and make them watch Bears games."

Well, we don't torture people, I've heard, so we can't do that.  If they can get NFL games in Egypt, though, we might think about sending them over there one weekend.

Link: CBS News

Note to Self: Saying "With Respect" Just Before Insulting Judge Does Not Confer Immunity

Happy_meal_trans"Legal tabloid" Above the Law reports today on an unfortunate comment made to a federal bankruptcy judge by a partner in a Chicago law firm.  The issue seems to have been a disagreement over whether a particular transaction was likely to close -- the judge thought it would and Mr. Smith strongly believed it would not.  Finally, evidently frustrated, he told the court, "I suggest to you with respect, Your Honor, that you're a few French fries short of a Happy Meal in terms of what's likely to take place."

Happy_meal1The delivery of this insult "with respect" does not seem to have helped, since Judge Isicoff responded with a frosty "Proceed, counsel,' and later that day with an even frostier Order to Show Cause, with transcript attached, and a copy sent to all court personnel.

Likely to result in a supersized apology, probably.

Link: Abovethelaw.com
Link: Law.com (May 31, 2007)

Second Japanese Toilet Manufacturer Admits Its Product Placed Buttocks at Risk

The blazing-bidet scandal continues to grow in Japan, with the country's second-largest toilet maker now joining the market leader, Toto Ltd., in admitting that it has been aware for years of defects in its "washlet" products.

INAX Corp. said today that it knew of at least seven cases of its washlets overheating, emitting smoke or catching on fire between 1991 and 2005, but did not make the incidents public.  It had recalled 30,000 washlets in 1985 for similar problems, but the seven cases obviously post-dated the recall.  INAX said that none of the seven incidents involved personal injury and that it had reported them to the appropriate government ministry.

The article did not say which government ministry would be the appropriate one to receive such a report.

Coincidentally, INAX made the incidents public only after its competitor had already publicly apologized to consumers for its own washlet problem.  Toto apologized earlier this week and said it would check and repair about 180,000 washlets to correct a defect that might potentially result in a very inconveniently timed fire.

Toilet_control_panel
A Toto Ltd. representative indicates
the product's "blowtorch" feature, which
she said the company would be phasing out.

Toto's spokesperson, Yasuhiko Matsumoto, said that the company had received over 100,000 telephone calls since Monday, and that it encouraged its customers to contact the company if they had any concerns.  But Matsumoto reasserted his company's commitment to the problematic extending-bidet feature, which he said had been important to the company's success and, indeed, part of its mission: "We've been promoting a culture of washing one's backside since 1980," he said, "and that's given us a 60 percent market share."  I can't find any evidence that Toto has ever actually used the slogan,

Washing One's Backside Since 1980!

but I would strongly encourage it to do so.  Does your company's mission statement promote a culture of washing one's backside?  If not, please amend it without delay.

Link: Reuters via Yahoo! News
Link: Present a Paper at the 2007 World Toilet Summit

Japanese Company Warns That Defective Toilets May Catch Fire

Toto Ltd., Japan's leading toilet manufacturer, announced today that it was offering free repairs for a defect that had been identified in its popular "Z Series" toilets.  The company said that the defect, related to the toilets' electrical systems, may cause the toilets to catch fire.  Company spokeswoman Emi Tanaka said that 29 incidents had been reported in the past year, three of which involved actual fires and the others involving large quantities of smoke.

You may remember Toto Ltd. from its prior development of "photocatalytic organic decomposition technology," though more recently it has focused on "super hydrophilic photocatalyst technology," which is way better.

It also makes toilets.

If it seems strange that a toilet would have an "electrical system" at all, you're obviously not an owner of a high-end Toto toilet, or "washlet" as it is more properly known.   The Toto Z-Series washlet (which, if the research department has done its job correctly, is sold as the "S400" in the U.S.) incorporates a number of high-tech, 21st-century features that make it so much more than your current Mark 1 Hydraulic Dung Transport Device.Washlets400   In particular, the S400 features automatic flush, a "sensor-activated lid that automatically lifts as you approach the toilet and lowers as you walk away," a heated seat, an automatic air purifier, a bidet attachment that provides "front and rear washing," warm-air drying with three temperature settings, and something called a "massage feature," which I refuse to investigate any further.  While I'm glad that so many of the exhausting chores connected with elimination have finally been eliminated, there is still a lot of room for improvement.  I assume that the S401 will be able to sense when I need to go and just come get it, sparing me the time-wasting trek to the bathroom in the first place.

Deadlybidet The bidet attachment appears to be the culprit in the recent fires, which is quite disturbing.  "At your command," according to the company website, "an integrated, self-cleaning nozzle extends to release a warm, soothing stream of aerated water to provide the ultimate in personal cleansing."  The feature is "designed to introduce you to a level of unprecedented comfort," but, it appears, may also occasionally introduce your ass to an unprecedented level of fire.

Tanaka pointed out, however, that this was only a case of a manufacturing defect, and that no one had been injured by the problem.  "Fortunately, nobody was using the toilets when the fire broke out and there were no injuries," she said.  She added, helpfully, that had you been using such a toilet when the defect manifested itself, "the fire would have been just under your buttocks."

Toto says it will repair any of the 180,000 affected units (the washlets, I mean), which were those manufactured and sold in Japan between May 1996 and December 2001.

Link: Yahoo! News
Link: Toto Ltd. (English site)

New LAPD Flashlights Feared Less Effective in Beatings

On Friday, LAPD Chief William Bratton unveiled new police flashlights powered by LEDs rather than standard bulbs.  The new flashlights are brighter, use less power, need fewer batteries, and so can be made smaller than the two-pound, two-foot model that was previously standard-issue.  While some praised the new high-tech, ten-inch model 7060 LED flashlight, others may be lamenting the loss of the good old Mark One Combined Photon Emission Unit/Kinetic Individual-Suspect-Control Device.

That is, the new flashlights will be harder to beat people with.

That's exactly why the old ones were banned.  According to the report, the idea for the LED coplight "was conceived just days after" the media captured and broadcast images of police using the Mark One to beat a car-theft suspect.  The smaller, brighter flashlight thus fits perfectly with the department's plans to deploy smaller, brighter policemen.

As you might expect, the ACLU chimed in on this story, and its executive director for southern California emitted one of the better quotes so far this year.  "It's a really important step in the right direction," she said, "and it's going to make a difference in how the police department deals with the community.  We've always felt that a flashlight was not an instrument to beat people with.  This new one will serve the purpose it was intended to."  Not an instrument to beat people with?  Lady, if God didn't mean for us to beat people with portable electrical devices he wouldn't have made batteries so big and heavy.  Anyway, flashlights don't beat people -- people beat people.  Smaller flashlights just means more strokes per criminal.

Or, not necessarily, if the Model 7060 can be deployed in the right way.  The report noted that it also features a "tactical mode," in which it becomes "bright enough to temporarily blind suspects."  Its specially designed photons undoubtedly will leave innocent eyeballs intact.

Link: AP via Yahoo! News

Driver Arrested For Helping While Intoxicated

A good Samaritan in Germany got arrested this morning after he saw what he thought was a broken-down vehicle by the side of the road and stopped to help.  The vehicle was not only in good working order but was protected by the police standing next to it, who were in fact operating a checkpoint looking for drunk drivers.  Officers said that the man was found to be intoxicated, their first clue apparently being, as the report put it, that he "lurched from his vehicle to offer assistance."

The actual quote from the police is the other reason I post this.  They were quoted as saying about the man, "Obviously his optical assessment of the situation as he drove past was that this was a vehicle breakdown."  I understand that this was translated from German, but I still think the phrase "optical assessment" is the kind of thing you could hear from police or maybe attorneys in virtually any country.

Link: Yahoo! News

Man Determined to Spend Time in Jail Will Probably Get His Wish

Here are the factors that lead me to believe both that Patrick Allain wants to go to jail and that he will soon be able to realize that dream:

  1. He was arrested for drunk driving on Monday night.
  2. It's his fourth arrest for that charge.
  3. He hit two other cars during this incident, and initially refused to stop for police.
  4. When he did stop, he kept drinking from his 40-ounce beer bottle while chatting with police.
  5. His statement, "You can charge me with whatever you want.  It's not going to stop me from drinking and driving."

I'm not so sure about that.

Link: Yahoo! News

"At First Blush, It's a Lot of Money"

"At first blush, it's a lot of money, but at second blush, it wasn't a huge fee case for the efforts involved."

-- Thomas Girardi, of Girardi & Keese, a plaintiffs' firm that shared in a $170 million award of fees and expenses for a case against Sempra Energy.  The amount worked out to $1808.51 per hour of time spent by plaintiffs' attorneys on the case.  Which at first blush, does seem like a lot of money.

"Big fee for plaintiffs in Sempra case," The Recorder, Oct. 9, 2006, at pp. 1, 6.

Headline of the Week

Sumo World Says "No Thanks" to Pants

(The report noted that Japan's professional sumo association has rejected a request that children be allowed to compete in "sumo pants" rather than the traditional "mawashi," so that more of them will take up the sport.)

Reuters.com

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