Sunday, July 25, 2010

Stephen Foster Goes Way Down

I first met Steven Foster while he was serving a stretch in an Ohio prison. He’d been there before and he’s been there since. He is one of the few inmates I’ve ever known who I think could have real potential for success in Hollywood. It’s not that he’s trained as an actor, it’s just that seeing as how Steve is about 6’7” and weighs somewhere around 300 pounds with a shaven head, I think he could make a good living playing heavies in prison movies as an enforcer for the Aryan Brotherhood. Despite his far-from-sterling record, I will say in Stevie’s defense that despite his menacing appearance, as far as I know, he has never done any physical harm to anyone. What harm he’s done to himself and his family due to his predilection for illegal substances, I can’t say.

Several years ago, he was seriously injured while serving time in the Delaware County Jail. I don’t know all of the circumstances but I do know that here in America, even guys doing life on the installment plan are entitled to the protection of the law, and Steve managed to win a judgment against the County for, I believe, $150,000. This was a source of great delight to the lawyer who represented Mr. Foster on a contingency fee basis. Stevie certainly enjoyed his big payday. I’ve heard it took him an entire month to go through it. (I do not want to know what he spent it on. ) I was once at a sentencing conference representing Steven when the visiting judge commented, “Steven Foster? He should’ve stayed in his Old Kentucky Home.” I replied, “I’ve got you beat, your Honor, I say he should’ve stayed Way Down Upon the Sewanee River.”

A Fracas on the Sixth Floor

This past Wednesday, I was on the sixth floor having a case heard before Judge Yarborough. This was a custody matter that has gotten extremely unpleasant.

I should preface this story by stating that I frequently tell people to not use the expression “now I’ve seen everything” while in the courthouse, it is very bad luck. I won’t say I’ve now seen everything, but I will say that I saw something I’ve never seen before in the 22 years since I passed the Ohio bar. When my client’s aunt learned from the Franklin County Children’s Services case worker that my client was going to get to have overnight visits from her daughter, the aunt pitched a conniption fit and after calling the case worker every thing but a Precious Child of God, she had the gall to walk in to the conference room where my client was sitting with two witnesses, and to start shouting at her. I saw this and very rapidly stood between my client and her out-of-control aunt. I told the aunt in very clear language to leave the conference room. The aunt declined and proceeded to shout her low opinion of both my client and me. I again told her to leave the conference room and again she emphatically declined. At this point I started to push the door to the conference room shut to force her to leave. That psycho lard ass had the temerity to shove the door back at me, and I then demonstrated that I was not going to lose a door shoving contest with her. From the other side of the door she proceeded to bellow that if I broke her foot, she was going to break my nose. I was stunned, and actually said, “What?” At which point she repeated her threat word for word. Perhaps my response was not optimal. I told her “Don’t write a check with your mouth that your ass can’t cash.” and I called her a bitch.

Apparently this offended her tender sensibilities and she demanded to know what I had just called her. I replied “Bitch… B….I….T….C…..H” (In retrospect, I thought that was quite helpful of me to spell it for her, but maybe it was a futile gesture. I doubt she knows the alphabet past “C.”) Shortly thereafter, a couple of Franklin County Sherriff’s Deputies showed up and peace was restored. A few seconds later it hit me exactly how bad that situation could have become if that lard ass skank had actually hit me. It is possible I might have retaliated in kind and she might have suffered a massive coronary on the spot, in which case I would be looking at a manslaughter charge. I quickly composed myself and informed Judge Yarborough in chambers exactly what had happened. I even owned up to having referred to that dual-x-chromosomed person as a bitch. I didn’t find out until later that Judge Yarborough had already received one report on what had happened, and perhaps he thought there had been a second incident. In any event, the rest of the day definitely went my way.

Judge Yarborough summoned Franklin County Sherriff’s deputy Clark. Deputy Clark is a black gentleman with a shaved head who is of only average height but is positively huge across the shoulders. I have at times kidded him in a good natured way that he looks like the Sherriff’s Department’s version of Marvin Haggler. Deputy Clark would be an imposing presence even if he weren’t carrying a Smith and Wesson 9 millimeter on his hip. Judge Yarborough asked me to step out into the hall and indentify my client’s aunt, which I did. Judge Yarborough ordered her out of the building. She tried to put on a s**t eating grin and said “I’ll admit I was a bad girl.” Judge Yarborough directed Deputy Clark to escort the bad girl out of the court house. At that point the bad girl’s boy friend thought it was appropriate to demur, and I heard Judge Yarborough say “One more word out of either of you and you’re going to get 30 days in jail for contempt.”

That brought all discussions to a *complete* halt. Judge Yarborough later told me in exactly so many words that he did not think I had done anything wrong and he went on the record to describe what had happened. From my point of view, though, it’s a case of horseshoes and hand grenades; things could have gotten very very bad.

After careful reflection, however, I do think I should make an apology:

Jean and Jerry, I apologize to Sadie.

Mark and Barbara, I apologize to Skyla and Karma.

Sand and Mac I apologize to Bum-Bum.

Vikki and Kirk, I apologize to Pookie.

Comparing any of your wonderful pets to that psycho lard ass Bad Girl was completely uncalled for.

Lindsay Lohan and the Tap Dancing Mule

Upon reading of Lindsay Lohan’s incarceration, I was reminded of a story I tell often at the courthouse: the one about the tap-dancing mule. The story goes that a farmer once had a mule that could tap dance—it was quite impressive, looking rather like Fred Astair and Ginger Rogers simultaneously. One day, a circus owner approached the farmer and offered him a huge sum of money for the equine curiosity. The farmer informed him, “You just bought yourself a mule.” The circus owner put the mule in the big top and people came from far and wide to see the amazing tap dancing mule. Unfortunately, when the curtain came up, the mule just stood their looking stupid and there was a riot because everybody wanted their money back. The circus owner took the mule back to the farmer and informed him that there was a serious problem because the mule would not tap dance. The farmer picked up a baseball bat and smashed the mule right between the eyes at which point the mule started tap dancing. The farmer commented, “That’s gist the thing about this critter. Sometimes you just gotta get his attention.” I hope that Ms. Lohan’s stay in the Crossbar Hotel turns out to be a baseball bat between the eyes for her. If she doesn’t achieve sobriety *really* soon, I think its just about even money that she will not live to celebrate her 30th birthday.

James Roberts: Soldier, Statesman, and . . . . Ice Cream Salesman???

I recently reread the story of James Roberts: one of Canada’s most distinguished sons. Roberts came from a fairly well to do family and, in 1937, he and his brother attended a Canadian trade show in Toronto where an American businessman demonstrated a machine that dispensed ice cream that was soft. It was the ancestor of today’s Dairy Queen machines. The two Robert’s brothers made that businessman an offer for the rights to using his machine in the British Empire. The next year, they set off to the English resort city of Blackpool and turned a very nice profit selling soft serve ice cream to tourists. That winter they invested their profits in additional ice cream machines and anticipated becoming Britain’s ice cream tycoons. Unfortunately, next year the prospect of the outbreak of WWII caused a dramatic downturn in the number of visitors to Blackpool and the brothers dreams of riches melted away.

James Roberts returned to Canada and when his country entered the war in September of 1939, he joined the Canadian Army. Since he had some previous experience in the Canadian militia, he received an officer’s commission. James Roberts turned out to be an extraordinarily talented officer specializing in armored reconnaissance (the subject on which he once wrote a book). By D-Day, he’d been promoted to full Colonel and was commanding a regiment from Manitoba. By all accounts, his men held him in the highest regards since he was brave, resourceful, and genuinely concerned for their welfare. In early 1945, his brigade commander was killed and Roberts was promoted to Brigadier General—an extraordinary accomplishment for a man who was not yet forty.


Roberts later wrote a book about his life entitled The Canadian Summer, the title is in part a reference to the Dutch habit of referring to 1945 as the “Canadian Summer,” since Canadian troops liberated most of Holland. The Canadians were extremely welcome because the Canadian summer succeeded the hunger winter of 1944/’45, when most Dutch civilians had been on the brink of starvation.

Roberts married the widow of a Dutch officer, served as a senior civil servant in the Canadian government, was his country’s deputy to the North Atlantic Treaty Organization (NATO) and finished his career as Canada’s ambassador to Switzerland.

That is quite an impressive record. However, he achieved complete immortality in the Canadian Army due to a remark he made to the German General commanding the Wermacht army in Holland. At the time of the surrender in May of 1945, Brigadier General Roberts was given the assignment of picking up the German General at his headquarters, transporting him to the surrender ceremony and then returning him to the German headquarters. I’m not entirely sure about the protocols of the Canadian army, but that strikes me as a truly extraordinary honor. As they drove back to the German headquarters, the German General was silent for most of the way, obviously thoroughly depressed about just having surrendered his army. Finally, he asked through his interpreter whether Roberts had been a professional soldier. That question took Roberts by surprise.He’d been in uniform for 5 and ½ years, and anything that happened in peacetime seemed to be incredibly distant. It then occurred to Roberts that the German General was trying to console himself. So Roberts replied, “No, very few Canadians are. In civilian life I sold ice-cream.”

The German Generals response is not recorded. If I were writing a sketch for Monty Python I would have Brigadier Roberts recite the details of how to make 28 different flavors of ice cream—but that would have been *cold*.

I think it’s fair to say that James Roberts was a really cool guy.

Giovanni Martini: The Luckiest Cavalry Trooper

Giovanni Martini (who had anglicized his name to John Martin) was a trumpeter in the 7th cavalry regiment. At 15:30 (that’s 3:30 p.m. to you civilian types) on June 25, 1876, trooper Martin was riding along with 210 other troopers in a column behind Lieutenant Colonel George Armstrong Custer when they came to a rise and looked down to see the most enormous Indian village any of them had ever seen. Colonel Custer called Martin to his side, and had his adjutant write up an order to Captain Benteen (Custer wasn’t sure that Martin could make himself understood due to his thick Italian accent). The order read “Come on. Big village. Come quick. Bring packs.” And with Custer’s order in hand, trooper Martin rode back to meet captain Benteen’s column.

The last thing he ever heard from Custer was a shout of “Now we have them, boys!” Martin managed to make it back to Captain Benteen although Martin’s horse did stop an Indian bullet. Martin was destined to die in Brooklyn in 1919. He had another 43 years to live. The other 200 men with Custer had about 43 minutes.

Wednesday, July 21, 2010

A Royal Birthday

Recently, I was assigned to represent a woman named Barbara Royal. Next month, Ms. Royal will celebrate her 37th birthday. Her eldest daughter will celebrate her 17th birthday. Her daughter's daughter will celebrate her 4th birthday. No comment.

Stalin's Bust--BUSTED!

A friend recently forwarded an article that announced that the D-Day museum in New Orleans was displaying a bust of Joseph Stalin. I thought, "No way, no way, no way." How UTTERLY inappropriate. A picture of Stalin at Tehran and Yalta with FDR, or at Potsdam with Truman--fine. A picture of American and Soviet troops meeting at the Elbe? Fine. Zhukov shaking hands with Ike? Fine. But a bust of the 20th century's 2nd most prolific mass murderer--give me a freakin' break!

Ironically enough, back in Stalin's home country of Georgia, the government there is finally taking down a bust of Stalin, 57 years after that old monster's death. (Maybe they managed to sell it to some REALLY dumb people in Louisiana???)