Oneofthree’s Musings

The ramblings of a 20 something lawyer

Archive for September 21st, 2007

Two FSU Football Players Arrested

Posted by oneofthree on September 21, 2007

foot.jpgfootball.jpg TPD arrested Geno Hayes and Joe Surrattlast night on College Avenue around 1:45 am this morning.  Apparently Hayes resisted, or got into an altercation with TPD and was tased.  

With the must win against UAB coming up soon, the fear is that these arrests were justified (I haven’t seen the police reports) and they will both be suspended from the game.

During the Colorado game last weekend, “Geno Hayes finished with six tackles, including two for a loss. Hayes’ effort helped limit the Buffaloes to minus 27 yards rushing and Colorado’s running backs to 25 yards on 17 carries.”

Surratt was out during the game against Colorado with a fractured right fibula.

** UPDATE ** 3:11pm – apparently the two players were arrested for their altercation with law enforcement.  It seems that Hayes was outside Potbelly’s with his shirt off screaming, after being involved in a fight inside the bar. 

Posted in arrested, fsu football | Leave a Comment »

we is smart

Posted by oneofthree on September 21, 2007

Take this quiz and tell me what you scored.  Regrettably, I scored an 80%, but hey, you don’t need to know history to practice law, right?

Posted in civics, work | 3 Comments »

Ahmadinejad (I think that’s how you spell it)

Posted by oneofthree on September 21, 2007

The President of Iran is in the US, visiting the UN, and wants to visit ground zero.  Not sure how I feel about this, among allegations that he supports, financially and otherwise, terrorist organizations.  This was an interesting reaction from Hot Air -

if this Holocaust-denying terrorist filthbag is allowed to use the remains of the Trade Center for a photo op, the rage on the right will burn so white hot that even the anti-amnesty activism this summer will pale by comparison.

And for Michelle Malkin’s response – oh holy hell

My response was some of the sort, but then I thought about it, how can we dicate where someone visits?  Can we remove a foreign national’s (no matter how much we hate him) visa?  The husband tells me that he didn’t want to visit the site itself, but wanted to go beyond and into the restricted construction zone.  Has anyone found that anywhere?

 ** UPDATED 9/21/07 ** Michelle Malkininforms us that Ahmadinejad is invited to speak at Columbia University.  (About what I wonder?)  Some students are holding protests.  (seems like a month for protects, isn’t it?)

Posted in Ahmadinejad, ground zero | Leave a Comment »

Jena 6

Posted by oneofthree on September 21, 2007

For those of you unaware, the fabulous Rev. Al Sharpton is at it again.  Apparently in Jena, Louisiana 6 black people were arrested for beating up a white kid.  This small town has been simmering in racial tension for at least the past 8 months which climaxed with this beating.  Which prompted Rev. Jesse Jackson criticized Democratic presidential candidate Barack Obama on Tuesday over his reaction to the arrest of six black juveniles in Jena, Louisiana, on attempted murder charges, accusing the Illinois senator of “acting like he’s white”.

From what I can gather, this started when a black student sat under what has been known as the “white tree”.  Either the next day, or a few days later, nooses showed up on that tree.  The white students were found, and suspended for three days and allowed to return to school.  For roughly 8 months afterwards, several incidents happened.  Fights, shotguns, arson. 

One incident is that a black student attempted to attend a “white party”.  The student was attacked.  Later, that same black student, along with others attacked a different white student.  The white student went to his truck and pulled his shotgun.  The black student took it away.  The white student was not charged, the black student was charged with theft.  Now – I can kinda understand why they didn’t charge the white student – self defense – although I question whether pulling a shotgun is allowed -even if you are presented with several other attackers.  If he could get his gun, couldn’t he get in his car and leave?  But I can understand, somewhat.  I do not understand the charge of theft. 

About 4 days after the arson of the school, 6 black students,  Mychal Bell, Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw and Jesse Ray Beard — were originally charged with attempted second-degree murder and conspiracy, according to LaSalle Parish District Attorney Reed Walters, for attacking a white student, Justin Barker -what the police originally charge someone with, is not necessarily what they will go to court on.  The prosecutor changed the charges to Agg battery with a deadly weapon.  Barker ended up in the hospital and was released several hours later.  Parents of the 6 defendants claim that Barker was using racial slurs against the 6.  Barkers family argues this point.

The prosecution claimed that a shoe was the deadly weapon.  Before you complain, there is caselaw (at least in Florida) that a shoe can be a deadly weapon.  Of the 6, Bell, one has been convicted of aggravated battery, but the conviction was vacated and he remains in jail awaiting a decision from the prosecution.  There is to be a hearing withing 72 hours.  The judge originally refused to reduce his bond citing his prior record, including battery.

There have been several outcries that this is racially motivated as the original white kids were not charged.  My understanding, from Florida law, is a hate crime can only exist when a crime has been committed.  It’s like a label that is applied.  (If I’m wrong, please point me in the right direction)  Hanging nooses, while disgusting, is protected speech.  (just like the KKK can yell whatever they want, if they do not make a move towards anyone they are allowed to preach whatever beleifs they want) I cannot think of a criminal offense that it applies to, neither did the state prosecutor, or federal prosecutors who looked into the case.

What concerns me is that people are using the race card.  If roles were reversed, and it was 6 white kids who attacked a single black male – the NAACP would still be involved, but they would be screaming for prison as a hate crime.  And if someone came along and claimed the 6 white kids shouldn’t be charged b/c the victim called them crackers, the NAACP would run that person out of town.  So why is it ok when it’s a white victim?

While I do not condone the nooses, it was my understanding that part of the original civil rights movement was to make sure the justice system is color blind.  Not blind to only one color.  I don’t agree with anyone claiming that because a racial slur was used, justifies physical aggression – esp 6 on 1.  (those of you who complained about the police being 6 on 1 on the gater fool, think about it.  cake and eat it?)

I do not agree that these kids, or anyone regardless of their race, should be allowed a free pass b/c a victim used a racial slur.  That is something that can be taken into account at the time of sentencing not the actual trial.  It is not a legal defense.

Posted in al sharpton, fears, first amendment, jena 6, jesse jackson, race crimes | 7 Comments »