What, Oh What, Will the Talking Heads Say?
For those set a-worrying about Miranda warnings and Constitutional rights, there is this little PDF. I know—it could all be made up and a sham, as an army of conspiracy theorists are saying everywhere on the internet. But just for the sake of argument, let’s pretend this actually happened:
ADDED: At the same moment yesterday this indictment was being presented in as prompt and vanilla-flavored a way as possible in a hospital room, I walked into the cafeteria at work. The TVs were on CNN, showing three pinch-faced talking heads on a three-way split, all decrying the lack of Miranda warning and what a terrible violation of rights this was, and that the Justice Department was not even going to allow defense counsel, and how could the Judiciary, of all branches, go along with this, and how terrible, terrible this all was, and we all should fear for our inalienable rights that George Bush…er…well…um….you know…(Obama) was letting people trample on, etc., etc.
Sometimes, the Theme of the Day doesn’t quite work. But, hey, there’s always tomorrow.
Sorry to sprawl on valuable real estate, but this is where our transcript gets good, if vanilla-flavored:
MR. FICK: Good morning, your Honor. William Fick
for Mr. Tsarnaev.
THE COURT: And you have had an opportunity to
speak with him?
MR. FICK: Very briefly, your Honor.
THE COURT: So you have your lawyers here.
THE DEFENDANT: (Defendant nods affirmatively.)
THE COURT: Mr. Tsarnaev, I am Magistrate Judge
Bowler. This hearing is your initial appearance before the
Court. We are here because you have been charged in a
federal criminal complaint.
At this hearing, I will advise you of your
constitutional and legal rights. I will tell you about the
charges against you and the penalties that the Court could
impose if you are found guilty.
You have been charged with (1): Use of a weapon of
mass destruction, in violation of 18, United States Code,
Section 2332a(a); and malicious destruction of property
resulting in death, in violation of 18, United States Code,
Section 844(i).
Mr. Weinreb, what are the maximum penalties?
MR. WEINREB: Your Honor, the maximum penalty on
each count is death, or imprisonment for any term of years,
1or life.
THE COURT: Is there a fine?
MR. WEINREB: A fine of up to $250,000.
THE COURT: I will tell you about your right to
counsel, and I will consider conditions of release pending
further court proceedings; that is, whether or not you
should be detained and what amount of bail should be set.
This is not a trial, and you will not be called upon to
answer the charges at this time.
If at any time I say something you do not understand,
interrupt me and say so; is that clear?
THE DEFENDANT: (Defendant nods affirmatively.)
THE COURT: All right. I note that the defendant
has nodded affirmatively.
As a first step in this hearing, I am going to tell you
about your constitutional rights.
You have the right under the Constitution of the United
States to remain silent. Any statement made by you may be
used against you in court, and you have the right not to
have your own words used against you.
You may consult with an attorney prior to any
questioning, and you may have the attorney present during
questioning.
Counsel will be appointed without charge if you cannot
afford counsel.
If you choose to make a statement or to answer
questions without the assistance of counsel, you may stop
answering at any time.
This right means you do not have to answer any
questions put to you by law enforcement agents or by the
Assistant United States Attorney, Mr. Weinreb.
I want to make it clear. You are not prohibited from
making statements, but that if you do, they can be used
against you. You are not required to make a statement at
this initial appearance, and any statement you do make may
be used against you.
Finally, if I ask you any questions here in this
hearing or at any future hearing which you think might
incriminate you, you have the right not to answer.
Do you understand everything I have said about your
right to remain silent?
THE DEFENDANT: (Defendant nods affirmatively.)
THE COURT: Again I note that the defendant has
nodded affirmatively.
As I said earlier, you have the right to retain
counsel, to be represented by counsel, and to have the
assistance of counsel at every critical stage of these
proceedings.
You have the right to an attorney at this initial
appearance, during any questioning, at any lineup, and at
all proceedings in court.
You also have the right to have this Court assign
counsel if you cannot afford counsel or if you cannot obtain
counsel.
Can you afford a lawyer?
THE DEFENDANT: No.
THE COURT: Let the record reflect that I believe
the defendant has said, “No.”
I have provisionally appointed the federal defender,
Mr. Fick, to represent you in this matter….
What is a poor pundit to do when a Federal Judge reads this defendant his rights and has the temerity to release a transcript that gets posted on the internet?
Maybe wait 24 hours and make up something new?
Dear Dzhokhar
Along with Kevin Cullen’s Boston Globe article I linked in the last post, this, to me, is an important piece. There is anger, but a refusal to hate, a Christian understanding of evil, the possibility of repentance, and what needs to be done, in fact, to keep everyone safe.
A Tale of Two Immigrants
This, especially for non-New Englanders, is a must-read. I’ve commented on how tough it can be for newcomers in the Boston area. As a newcomer myself 30-odd years ago, I can tell you stories. But one point of Kevin Cullen’s piece is that the Tsarnaev brothers settled in Cambridge, one of the most open and welcoming places in the US. They did not find themselves in some tight little neighborhood, like I did, where nobody had moved in or out for 100 years, very common in Boston and environs when I showed up.
Of course, many things have changed in 30 years, one of which is Cambridge has gotten even more open and welcoming, for all the good it did here.
I hope this story stays up for a while. Linked to what is usually a paid newspaper site, it might not.
Goes to show you
It wasn’t an unpopular teenage loser living in his mother’s basement. It was a straight A medical student. It wasn’t an assault weapon, or even a gun. It was a bomb made of kitchen appliances and stuff you can buy at a hardware store.
After the school shooting, my Facebook page was covered with liberals ranting about gun control and psychological profiling. The idea was that preventing angry young men from buying guns, and making sure they are drugged into apathy, would keep school children safe.
People like to feel they can do something to prevent these horrors. That is understandable. But I don’t believe you can. They don’t happen often, but they will happen. This world is never going to be safe.
Random Observations #1
- Is it just me, or have others noticed a distinct improvement in the quality of homeless people and beggars lately? I haven’t been downtown in a few months, but the last few times I went it seemed that the homeless people hanging out around Lake Eola and the main library were younger, neater, cleaner, more organized and clearer of eye than previously. The other day leaving Sam’s a beggar was working the exit of the parking lot. He was better dressed than I was, frankly, his sign stated that he had been out of work and had two children to support, and he was selling water. He had probably bought the water at Sam’s from the look of the case. I didn’t see his price, but if he was selling them at a dollar a bottle he stood to make 80 to 90 cents profit on each bottle. Sell ten or so in the hour and you’ve just earned minimum wage. Don’t, and you’ve spent an hour standing in the hot sun for nothing.
- The main character in the children’s show Dino Dan is clearly having a psychotic breakdown – and none of the other characters seem the least concerned about it!
- My wife and I should have had children at least ten years earlier.
- Colgate Total Advanced toothpaste is apparently made with catnip.
- How the Hell did I get so old?
Just Checking In…
Just to let you all know…I’ve been a bit out of the loop due to illness. And now, with extra leg edema! Nearly everything is going poorly, except things at gym. I’m getting better at the various exercises, and I’m enjoying the stressing of myself without the fear of dropping a barbell on my foot!
Hmmm….there is some weight loss, also.
My friend and daily confidante Amy Moyle will be visiting soon…Hopefully, we can have a bit of fun when she arrives.
I miss you all very much, and cannot wait until I am freed from this horrible situation!
“Like a raging inferno of Norwegian cheese, Carlsen has held the world in rapt attention since his arrival on the scene.”
That’s the opening line of a profile of the young Norwegian Grand Master Magnus Carlsen, who just qualified to face World Champion Vishwanathan Anand for the Chess championship of the world.
I have no idea what a raging inferno of Norwegian cheese is.
More Wacky Thoughts from the mind of….
My Twitter Name! My WordPress Name! In beads! Oh, the glorious things the state does to get me affirming life again and again!
Things will be coming to a head sooner rather than later…uh oh…so far, not so good!
A close friend of mine lost a close friend of hers when, due to several major disasters in his life, he decided to end his own life. He sent her a long good bye letter and a $10K check. Everyday I talk to her to try and make her feel better…in a place not friendly to complex, serious conversation.
The KngFish is in the gym! Just started…but when I can get a camera in there, I will send sweaty, manly photos.
No matter what the situation, Coffee Will Triumph, and KngFish will find the best ‘fine around! This I do swear!
More soon!
Another story about architecture and the other half.
Once again from Vanity Fair. The story is more interesting for the descriptions of the vast holdings of wealth hidden within the remnants of the British Empire.
Ambiance 