Discussion:
The bad news and the good news and the bad news and the ....
(too old to reply)
Frank McCoy
2013-04-22 02:45:44 UTC
Permalink
Starting off slow:

Bad news (for me, at least):
The wife has (again) moved out.

The good news:
THIS time she didn't run away.
Even when she moved back in with me about 9 months ago, she was STILL
trying to get into a local religiously-run set of apartments for older
people like her. So, I helped.
It took her over a year-and-a-half, including the last nine months
with me, for an apartment to come available for her to move in.
Yes, I expected it and did help as much as I can.
For the time she stayed with me, I helped her get set up financially
so she COULD move in there; and over Christmas the kid and I have been
trying to make sure she had all the *things* a person needs to live
alone. At where she last lived, she had essentially nothing except
the clothes she wore. Everything else her caregiver supplied.
I've been working for months to help correct that; knowing she WAS
planning on moving out whenever a space became available; which it
finally did the beginning of this month.
For about the last three weeks or so, I've been helping her move in.
I've not only carted stuff over there; but drove her around town
helping her get things she didn't have and that I didn't have extras
of here to spare. Other friends of hers have also been doing the
same.
So, THIS time I get to see her on a fairly regular basis; and it's not
a long drive (over 15 miles) to go. Quite local, in-fact.
Also, SHE decides what goes on; since this is HER apartment.
1000 time better than when she ran.

The bad news:
The wife, when she moved in about nine months ago was hyper and
energetic; and not just from the religious overdose where she believed
(very unrealistically) that I had been "saved".
NOW she's sedentary and running out of breath.
She also has pains around her middle.

The good news:
She was tested for things like anemia, low thyroid (she IS
hypo-thyroid already; but being treated) and her blood-sugar.
All came back normal.

SO ... We set up visits with the heart-doctor and her oncologist.
Scheduled: Echocardiogram, Angiogram, and MRI for the possible return
of cancer (not likely; but ....)
Wednesday she went in for the first one.

The bad news:
The Echocardiogram shows her aortic valve isn't closing properly; thus
probably accounting for her shortness-of-breath. Even I could see
that it didn't look right while peering over the shoulder of the
technician taking the test. About an hour after the procedure the
heart-doctor called her to confirm my guess (that I hadn't mentioned
to the wife yet). Rats.
My impression is that they're just going to "monitor the situation"
and hope it doesn't get worse.
She pants and feels tired just walking a few hundred feet down to the
lunch-room in her new facility.

The good news:
Where she's staying *might* just be better for her than staying here
with me. She feels more comfortable there "in a religious
environment". She sees a LOT more people there, instead of just
sitting around here staring at four walls and the TV set. She has an
elevator; and doesn't have to go up and down stairs. She has HELP
cleaning her apartment and even washing clothes. *AND* she still has
ME to call upon as friend, confidant, and chauffeur to anyplace she
wants to go; from Sunday Church, Bible-Study, or just the
Grocery-store. So, I get to see her a LOT more than when she was
living 20 miles away.

The bad news:
Her angiography is still about two weeks away; and there's a
possibility she has yet another blockage in the heart, like the ones
she now has four stents in for. So, we don't know yet.
The cancer-screening is even farther off; but there's only a tiny
chance of THAT recurring after five years of negative testing.

Just a note about the Kid:
Good: Kid is now working again.
Bad: Kid lost the house was living in.
Good: Kid not being charged taxes for that.
Bad: Kid not making as much at new job.
Good: Kid moved back in here. Paying room-and-board.
Bad: Kid broke up with previous SO.
Good: Kid had new one ... Seems much better.

OK .... So much for the wife and kid.
Now about ME.

The good news:
Judge Sands down in Georgia FINALLY gave a verdict.
... after well over three years since the trial.

The bad news:
The judge dismissed our motion to dismiss charges.
The judge also found me guilty; saying (in complete denial of the
whole trial testimony) that he "saw no evidence of my stories being
political, artistic, literary, or scientific value". In essence his
ruling was: "I'm the judge, I don't like your stories. Guilty!"

Not really news, but:
Not the slightest hint yet of what or when the judge will sentence me.
Only slight clues about what the Government wants the sentence to be.
Waiting again ....
Can't start appeals until sentencing.
Don't have a clue as to what the judge will decide during appeals.

The good news:
This is ACTUALLY where I had hoped to be (albeit YEARS earlier)!
My original aim was to challenge the LAW; rather like Rosa Parks did
the law about giving up her seat on the bus or Scopes did in the
famous "Monkey Trial". You can't really fight the law or the
enforcement of it unless convicted under said law. You don't have
what they call "standing". IOW: You have to show DAMAGE to yourself
by enforcement of said law.

The bad news:
*IF* sentenced to any noticeably long prison-time, then the wife and I
will both lose the house and probably everything in it because of the
reverse-mortgage that requires one of us two to live here. The wife
says she cannot move back in, even if I leave ... and I don't blame
her. If I go, the house will (eventually) be foreclosed; and the kid
out on the street. Still, that's months if not over a year away.
Even if I'm only held for a few months, by not paying the bills ...
Ah well, was quite willing to face that at the beginning; and can't
worry about the wife or kid in that matter now. They're both adults.

The good news:
I *STILL* feel fairly confident of winning this case on appeal; which
(like said above) was my original aim.

The bad news:
Even if I do, I could still lose a lot financially.
Oh well ... I've lived homeless before.

In the meanwhile:
The good news:
I'm doing fairly well.
I'm keeping up on most of my bills ... or HAVE been anyway.
I seem healthy except for not keeping up properly with my diabetes
medication. I should be seeing the doctor about that sometime in a
week or so.

The bad news:
I don't think I could hold down a regular job, except for one that's
done "from home" any more. I have to get up and go PEE way too much.
Rats. Well, I suppose I *could* wear one of those "Depends" or
something. Ick.
Financially, with the wife not living here, once again I'll be falling
slightly behind each month. Rats. Having the kid here paying
room&board helps a little bit; but not nearly as much.

Two people really don't eat as cheaply as one; but three CAN live
together almost as cheaply as two can separately.

Oh yeah, the cats:
The big Tom called "Lucky" that everybody in the house loved, but that
was mainly the kid's cat, vanished in the middle of last winter.
Rats!
The other three are doing fine; except one seems to barf wherever she
happens to be ... on the carpet, on the table where she shouldn't be,
on the tile-floor, on the bedspread, etc.. Well, barf beats poop.
Oregon Misty isn't a kitten anymore; though she still has a lot of
kitten in her. She's still MY cat; and lets the other two know it.
Oh yeah: Misty-Fuzz is getting to be a loooong CAT.

And that's the news, for those interested.
Will update as I can, when more information available.

--
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Tesseract
2013-04-22 07:04:50 UTC
Permalink
...
Post by Frank McCoy
Judge Sands down in Georgia FINALLY gave a verdict.
... after well over three years since the trial.
The judge dismissed our motion to dismiss charges.
The judge also found me guilty; saying (in complete denial of the
whole trial testimony) that he "saw no evidence of my stories being
political, artistic, literary, or scientific value". In essence his
ruling was: "I'm the judge, I don't like your stories. Guilty!"
Not the slightest hint yet of what or when the judge will sentence me.
Only slight clues about what the Government wants the sentence to be.
Waiting again ....
Can't start appeals until sentencing.
Don't have a clue as to what the judge will decide during appeals.
This is ACTUALLY where I had hoped to be (albeit YEARS earlier)!
My original aim was to challenge the LAW; rather like Rosa Parks did
the law about giving up her seat on the bus or Scopes did in the
famous "Monkey Trial". You can't really fight the law or the
enforcement of it unless convicted under said law. You don't have
what they call "standing". IOW: You have to show DAMAGE to yourself
by enforcement of said law.
*IF* sentenced to any noticeably long prison-time, then the wife and I
will both lose the house and probably everything in it because of the
reverse-mortgage that requires one of us two to live here. The wife
says she cannot move back in, even if I leave ... and I don't blame
her. If I go, the house will (eventually) be foreclosed; and the kid
out on the street. Still, that's months if not over a year away.
Even if I'm only held for a few months, by not paying the bills ...
Ah well, was quite willing to face that at the beginning; and can't
worry about the wife or kid in that matter now. They're both adults.
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.

Good luck with the rest of it.
--
Tesseract
Frank McCoy
2013-04-22 13:30:40 UTC
Permalink
Post by Tesseract
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.
Good luck with the rest of it.
"My account" is pretty much empty.
If it wasn't, the court would probably take it all.
If incarcerated, the court WILL take my Social-Security as
compensation for housing me. I've already checked that.

I'm TRYING to pay my Property-Tax and Home-Insurance as far ahead as I
can; leaving just the regular bills (heat, lights, cable, garbage,
etc.) for the kid to pay out of the kid's R&B payments while I'm gone.
Don't need any power-of-attorney for that. The utilities (and yes,
the state) doesn't care WHO pays the bills, as long as they get their
money.

The "official residence" part might work. Don't know. I'll have to
check. STILL have to pay the insurance and taxes though. Those
aren't really something I could expect the kid to pay for.

That might hold off the problem for a while ... at most a year, I
figure. Be Hell coming back to all those bills.

Also, what happens to my then-unpaid Credit-Card bills?
I'll have to ask my lawyer(s) what's the usual case.

--
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(_/ / (_(_/|_/ / <_/ <_
Fred Brown
2013-04-22 18:35:02 UTC
Permalink
Post by Frank McCoy
Post by Tesseract
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.
Good luck with the rest of it.
"My account" is pretty much empty.
If it wasn't, the court would probably take it all.
If incarcerated, the court WILL take my Social-Security as
compensation for housing me. I've already checked that.
I'm TRYING to pay my Property-Tax and Home-Insurance as far ahead as I
can; leaving just the regular bills (heat, lights, cable, garbage,
etc.) for the kid to pay out of the kid's R&B payments while I'm gone.
Don't need any power-of-attorney for that. The utilities (and yes,
the state) doesn't care WHO pays the bills, as long as they get their
money.
The "official residence" part might work. Don't know. I'll have to
check. STILL have to pay the insurance and taxes though. Those
aren't really something I could expect the kid to pay for.
That might hold off the problem for a while ... at most a year, I
figure. Be Hell coming back to all those bills.
Also, what happens to my then-unpaid Credit-Card bills?
I'll have to ask my lawyer(s) what's the usual case.
Declare bankruptcy, you'd probably qualify for chapter 7 and owe nothing.
Post by Frank McCoy
--
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(_/ / (_(_/|_/ / <_/ <_
Frank McCoy
2013-04-23 01:57:29 UTC
Permalink
Post by Fred Brown
Post by Frank McCoy
Post by Tesseract
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.
Good luck with the rest of it.
"My account" is pretty much empty.
If it wasn't, the court would probably take it all.
If incarcerated, the court WILL take my Social-Security as
compensation for housing me. I've already checked that.
I'm TRYING to pay my Property-Tax and Home-Insurance as far ahead as I
can; leaving just the regular bills (heat, lights, cable, garbage,
etc.) for the kid to pay out of the kid's R&B payments while I'm gone.
Don't need any power-of-attorney for that. The utilities (and yes,
the state) doesn't care WHO pays the bills, as long as they get their
money.
The "official residence" part might work. Don't know. I'll have to
check. STILL have to pay the insurance and taxes though. Those
aren't really something I could expect the kid to pay for.
That might hold off the problem for a while ... at most a year, I
figure. Be Hell coming back to all those bills.
Also, what happens to my then-unpaid Credit-Card bills?
I'll have to ask my lawyer(s) what's the usual case.
Declare bankruptcy, you'd probably qualify for chapter 7 and owe nothing.
I'm *seriously* thinking about it.

--
_____
/ ' / ™
,-/-, __ __. ____ /_
(_/ / (_(_/|_/ / <_/ <_
Fred Brown
2013-04-23 20:05:01 UTC
Permalink
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Tesseract
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.
Good luck with the rest of it.
"My account" is pretty much empty.
If it wasn't, the court would probably take it all.
If incarcerated, the court WILL take my Social-Security as
compensation for housing me. I've already checked that.
I'm TRYING to pay my Property-Tax and Home-Insurance as far ahead as I
can; leaving just the regular bills (heat, lights, cable, garbage,
etc.) for the kid to pay out of the kid's R&B payments while I'm gone.
Don't need any power-of-attorney for that. The utilities (and yes,
the state) doesn't care WHO pays the bills, as long as they get their
money.
The "official residence" part might work. Don't know. I'll have to
check. STILL have to pay the insurance and taxes though. Those
aren't really something I could expect the kid to pay for.
That might hold off the problem for a while ... at most a year, I
figure. Be Hell coming back to all those bills.
Also, what happens to my then-unpaid Credit-Card bills?
I'll have to ask my lawyer(s) what's the usual case.
Declare bankruptcy, you'd probably qualify for chapter 7 and owe nothing.
I'm *seriously* thinking about it.
It's not bad, I went through a chapter 13, had to pay $300 for 36 months
on about $50,000 in debt. I only declared the credit card debt, didn't
declare the house, one credit union credit card , didn't declare any monthly
bills. Bankruptcy Attorney cost me $800 out of pocket.
You list all your expenses for the month, food, clothing, even some
entertainment.
If your expenses equal your monthly income you'd probably get away with
chapter 7.
The Bankruptcy hearing is more like a meeting than a trial, not bad.
Post by Frank McCoy
--
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(_/ / (_(_/|_/ / <_/ <_
Frank McCoy
2013-04-23 23:18:35 UTC
Permalink
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Tesseract
Visit your bank and a lawyer to make sure that your kid has enough
signing authority and power of attorney to keep the bills paid, even if
from your account. Also see if you can keep your house as your official
residence even if you are housed by the state, and how that will really
affect the reverse mortgage. Don't assume anything in this matter
without legal advice.
Good luck with the rest of it.
"My account" is pretty much empty.
If it wasn't, the court would probably take it all.
If incarcerated, the court WILL take my Social-Security as
compensation for housing me. I've already checked that.
I'm TRYING to pay my Property-Tax and Home-Insurance as far ahead as I
can; leaving just the regular bills (heat, lights, cable, garbage,
etc.) for the kid to pay out of the kid's R&B payments while I'm gone.
Don't need any power-of-attorney for that. The utilities (and yes,
the state) doesn't care WHO pays the bills, as long as they get their
money.
The "official residence" part might work. Don't know. I'll have to
check. STILL have to pay the insurance and taxes though. Those
aren't really something I could expect the kid to pay for.
That might hold off the problem for a while ... at most a year, I
figure. Be Hell coming back to all those bills.
Also, what happens to my then-unpaid Credit-Card bills?
I'll have to ask my lawyer(s) what's the usual case.
Declare bankruptcy, you'd probably qualify for chapter 7 and owe nothing.
I'm *seriously* thinking about it.
It's not bad, I went through a chapter 13, had to pay $300 for 36 months
on about $50,000 in debt.
About a little over $300 a month is what I pay now.
Post by Fred Brown
I only declared the credit card debt, didn't
declare the house, one credit union credit card , didn't declare any monthly
bills. Bankruptcy Attorney cost me $800 out of pocket.
Don't have the money to pay the attorney.
Would probably cost me as much as I'm now paying.
Post by Fred Brown
You list all your expenses for the month, food, clothing, even some
entertainment.
If your expenses equal your monthly income you'd probably get away with
chapter 7.
Counting the CC debt, my expenses exceed my income by about $100 to
$200. Not counting it, I'd probably be even or maybe $50 a month
ahead.
Post by Fred Brown
The Bankruptcy hearing is more like a meeting than a trial, not bad.
I'm trying to figure out what it would take for me to do it myself
without a lawyer. After all, if you're BROKE, that's what bankruptcy
is FOR, isn't it?

Or is bankruptcy only for those rich enough to afford it?

--
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Fred Brown
2013-04-22 12:57:02 UTC
Permalink
Post by Frank McCoy
The wife has (again) moved out.
THIS time she didn't run away.
Even when she moved back in with me about 9 months ago, she was STILL
trying to get into a local religiously-run set of apartments for older
people like her. So, I helped.
It took her over a year-and-a-half, including the last nine months
with me, for an apartment to come available for her to move in.
Yes, I expected it and did help as much as I can.
For the time she stayed with me, I helped her get set up financially
so she COULD move in there; and over Christmas the kid and I have been
trying to make sure she had all the *things* a person needs to live
alone. At where she last lived, she had essentially nothing except
the clothes she wore. Everything else her caregiver supplied.
I've been working for months to help correct that; knowing she WAS
planning on moving out whenever a space became available; which it
finally did the beginning of this month.
For about the last three weeks or so, I've been helping her move in.
I've not only carted stuff over there; but drove her around town
helping her get things she didn't have and that I didn't have extras
of here to spare. Other friends of hers have also been doing the
same.
So, THIS time I get to see her on a fairly regular basis; and it's not
a long drive (over 15 miles) to go. Quite local, in-fact.
Also, SHE decides what goes on; since this is HER apartment.
1000 time better than when she ran.
The wife, when she moved in about nine months ago was hyper and
energetic; and not just from the religious overdose where she believed
(very unrealistically) that I had been "saved".
NOW she's sedentary and running out of breath.
She also has pains around her middle.
She was tested for things like anemia, low thyroid (she IS
hypo-thyroid already; but being treated) and her blood-sugar.
All came back normal.
SO ... We set up visits with the heart-doctor and her oncologist.
Scheduled: Echocardiogram, Angiogram, and MRI for the possible return
of cancer (not likely; but ....)
Wednesday she went in for the first one.
The Echocardiogram shows her aortic valve isn't closing properly; thus
probably accounting for her shortness-of-breath. Even I could see
that it didn't look right while peering over the shoulder of the
technician taking the test. About an hour after the procedure the
heart-doctor called her to confirm my guess (that I hadn't mentioned
to the wife yet). Rats.
My impression is that they're just going to "monitor the situation"
and hope it doesn't get worse.
She pants and feels tired just walking a few hundred feet down to the
lunch-room in her new facility.
Where she's staying *might* just be better for her than staying here
with me. She feels more comfortable there "in a religious
environment". She sees a LOT more people there, instead of just
sitting around here staring at four walls and the TV set. She has an
elevator; and doesn't have to go up and down stairs. She has HELP
cleaning her apartment and even washing clothes. *AND* she still has
ME to call upon as friend, confidant, and chauffeur to anyplace she
wants to go; from Sunday Church, Bible-Study, or just the
Grocery-store. So, I get to see her a LOT more than when she was
living 20 miles away.
Her angiography is still about two weeks away; and there's a
possibility she has yet another blockage in the heart, like the ones
she now has four stents in for. So, we don't know yet.
The cancer-screening is even farther off; but there's only a tiny
chance of THAT recurring after five years of negative testing.
Good: Kid is now working again.
Bad: Kid lost the house was living in.
Good: Kid not being charged taxes for that.
Bad: Kid not making as much at new job.
Good: Kid moved back in here. Paying room-and-board.
Bad: Kid broke up with previous SO.
Good: Kid had new one ... Seems much better.
OK .... So much for the wife and kid.
Now about ME.
Judge Sands down in Georgia FINALLY gave a verdict.
... after well over three years since the trial.
The judge dismissed our motion to dismiss charges.
The judge also found me guilty; saying (in complete denial of the
whole trial testimony) that he "saw no evidence of my stories being
political, artistic, literary, or scientific value". In essence his
ruling was: "I'm the judge, I don't like your stories. Guilty!"
Not the slightest hint yet of what or when the judge will sentence me.
Only slight clues about what the Government wants the sentence to be.
Waiting again ....
Can't start appeals until sentencing.
Don't have a clue as to what the judge will decide during appeals.
This is ACTUALLY where I had hoped to be (albeit YEARS earlier)!
My original aim was to challenge the LAW; rather like Rosa Parks did
the law about giving up her seat on the bus or Scopes did in the
famous "Monkey Trial". You can't really fight the law or the
enforcement of it unless convicted under said law. You don't have
what they call "standing". IOW: You have to show DAMAGE to yourself
by enforcement of said law.
*IF* sentenced to any noticeably long prison-time, then the wife and I
will both lose the house and probably everything in it because of the
reverse-mortgage that requires one of us two to live here. The wife
says she cannot move back in, even if I leave ... and I don't blame
her. If I go, the house will (eventually) be foreclosed; and the kid
out on the street. Still, that's months if not over a year away.
Even if I'm only held for a few months, by not paying the bills ...
Ah well, was quite willing to face that at the beginning; and can't
worry about the wife or kid in that matter now. They're both adults.
I *STILL* feel fairly confident of winning this case on appeal; which
(like said above) was my original aim.
Even if I do, I could still lose a lot financially.
Oh well ... I've lived homeless before.
I'm doing fairly well.
I'm keeping up on most of my bills ... or HAVE been anyway.
I seem healthy except for not keeping up properly with my diabetes
medication. I should be seeing the doctor about that sometime in a
week or so.
I don't think I could hold down a regular job, except for one that's
done "from home" any more. I have to get up and go PEE way too much.
Rats. Well, I suppose I *could* wear one of those "Depends" or
something. Ick.
Financially, with the wife not living here, once again I'll be falling
slightly behind each month. Rats. Having the kid here paying
room&board helps a little bit; but not nearly as much.
Two people really don't eat as cheaply as one; but three CAN live
together almost as cheaply as two can separately.
The big Tom called "Lucky" that everybody in the house loved, but that
was mainly the kid's cat, vanished in the middle of last winter.
Rats!
The other three are doing fine; except one seems to barf wherever she
happens to be ... on the carpet, on the table where she shouldn't be,
on the tile-floor, on the bedspread, etc.. Well, barf beats poop.
Oregon Misty isn't a kitten anymore; though she still has a lot of
kitten in her. She's still MY cat; and lets the other two know it.
Oh yeah: Misty-Fuzz is getting to be a loooong CAT.
And that's the news, for those interested.
Will update as I can, when more information available.
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Post by Frank McCoy
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Frank McCoy
2013-04-22 13:19:45 UTC
Permalink
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
But the judge essentially said that:
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.

There's a certain logic in C.
There's none in A and B.

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(_/ / (_(_/|_/ / <_/ <_
Fred Brown
2013-04-22 18:47:01 UTC
Permalink
Post by Frank McCoy
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.
There's a certain logic in C.
There's none in A and B.
So A. the prosecution does not have to present any evidence of guilt,
the accusation is enough to convict?
Seems B, that since this was a trial by judge he would be required to
consider
the defense and present his reasons for ignoring it.
C. you are supposed to be found either guilty or not guilty on the evidence
beyond a reasonable doubt, not the judge's opinion.
Betcha Judge Sands is hoping you'll die before any appeal is heard and the
conviction will stand.
Be an SOB and keep living. (BFG)
Post by Frank McCoy
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Frank McCoy
2013-04-23 02:05:03 UTC
Permalink
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.
There's a certain logic in C.
There's none in A and B.
So A. the prosecution does not have to present any evidence of guilt,
the accusation is enough to convict?
No, not exactly.
Post by Fred Brown
Seems B, that since this was a trial by judge he would be required to
consider the defense and present his reasons for ignoring it.
He did. Essentially it was that HE didn't see any signs that my
stories were art, literature, political-in-nature, or of scientific
value ... The evidence produced by the Defense to the contrary.
Post by Fred Brown
C. you are supposed to be found either guilty or not guilty on the evidence
beyond a reasonable doubt, not the judge's opinion.
Well, by picking a judge instead of a jury, we were *hoping* to have
the case decided on the LAW, not personal opinion. It seems we were
wrong. Of course Judge Sands found some legal cases to base his
denial of our motion to dismiss; but his judgement was essentially
that HIS personal opinion *being the judge*, trumps any expert
testimony WE might offer.
Post by Fred Brown
Betcha Judge Sands is hoping you'll die before any appeal is heard and the
conviction will stand.
I think his hope was that one of us, him or me, would die or retire
before it ever got to THIS point.
Post by Fred Brown
Be an SOB and keep living. (BFG)
I intend to.

--
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Fred Brown
2013-04-23 20:10:01 UTC
Permalink
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.
There's a certain logic in C.
There's none in A and B.
So A. the prosecution does not have to present any evidence of guilt,
the accusation is enough to convict?
No, not exactly.
Post by Fred Brown
Seems B, that since this was a trial by judge he would be required to
consider the defense and present his reasons for ignoring it.
He did. Essentially it was that HE didn't see any signs that my
stories were art, literature, political-in-nature, or of scientific
value ... The evidence produced by the Defense to the contrary.
Post by Fred Brown
C. you are supposed to be found either guilty or not guilty on the evidence
beyond a reasonable doubt, not the judge's opinion.
Well, by picking a judge instead of a jury, we were *hoping* to have
the case decided on the LAW, not personal opinion. It seems we were
wrong. Of course Judge Sands found some legal cases to base his
denial of our motion to dismiss; but his judgement was essentially
that HIS personal opinion *being the judge*, trumps any expert
testimony WE might offer.
Post by Fred Brown
Betcha Judge Sands is hoping you'll die before any appeal is heard and the
conviction will stand.
I think his hope was that one of us, him or me, would die or retire
before it ever got to THIS point.
Post by Fred Brown
Be an SOB and keep living. (BFG)
I intend to.
You'd better, you owe me $19.95 USD for the free bankruptcy advice.
Post by Frank McCoy
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Frank McCoy
2013-04-23 23:20:04 UTC
Permalink
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.
There's a certain logic in C.
There's none in A and B.
So A. the prosecution does not have to present any evidence of guilt,
the accusation is enough to convict?
No, not exactly.
Post by Fred Brown
Seems B, that since this was a trial by judge he would be required to
consider the defense and present his reasons for ignoring it.
He did. Essentially it was that HE didn't see any signs that my
stories were art, literature, political-in-nature, or of scientific
value ... The evidence produced by the Defense to the contrary.
Post by Fred Brown
C. you are supposed to be found either guilty or not guilty on the evidence
beyond a reasonable doubt, not the judge's opinion.
Well, by picking a judge instead of a jury, we were *hoping* to have
the case decided on the LAW, not personal opinion. It seems we were
wrong. Of course Judge Sands found some legal cases to base his
denial of our motion to dismiss; but his judgement was essentially
that HIS personal opinion *being the judge*, trumps any expert
testimony WE might offer.
Post by Fred Brown
Betcha Judge Sands is hoping you'll die before any appeal is heard and the
conviction will stand.
I think his hope was that one of us, him or me, would die or retire
before it ever got to THIS point.
Post by Fred Brown
Be an SOB and keep living. (BFG)
I intend to.
You'd better, you owe me $19.95 USD for the free bankruptcy advice.
If you expect to get paid for unsolicited advice, I have some free
advice for YOU. (I could get rich that way.)

--
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/ ' / ™
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(_/ / (_(_/|_/ / <_/ <_
Fred Brown
2013-04-24 17:58:01 UTC
Permalink
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Post by Frank McCoy
Post by Fred Brown
Apparantly Judge Sands got tired of waiting for you to die, rather
inconsiderate of you. That said, having read the trial transcript and
you lawer's defense, in my humble opinion you have a good case
for appeal. Your trial attornys certainly put on a superior defense.
The prosecution's case had more holes than Swiss cheese.
Well ... Yeah.
A. The Prosecution didn't HAVE to present any evidence.
B. He could completely IGNORE any evidence the Defence presented.
C. HIS opinion was the only one that counted.
There's a certain logic in C.
There's none in A and B.
So A. the prosecution does not have to present any evidence of guilt,
the accusation is enough to convict?
No, not exactly.
Post by Fred Brown
Seems B, that since this was a trial by judge he would be required to
consider the defense and present his reasons for ignoring it.
He did. Essentially it was that HE didn't see any signs that my
stories were art, literature, political-in-nature, or of scientific
value ... The evidence produced by the Defense to the contrary.
Post by Fred Brown
C. you are supposed to be found either guilty or not guilty on the evidence
beyond a reasonable doubt, not the judge's opinion.
Well, by picking a judge instead of a jury, we were *hoping* to have
the case decided on the LAW, not personal opinion. It seems we were
wrong. Of course Judge Sands found some legal cases to base his
denial of our motion to dismiss; but his judgement was essentially
that HIS personal opinion *being the judge*, trumps any expert
testimony WE might offer.
Post by Fred Brown
Betcha Judge Sands is hoping you'll die before any appeal is heard and the
conviction will stand.
I think his hope was that one of us, him or me, would die or retire
before it ever got to THIS point.
Post by Fred Brown
Be an SOB and keep living. (BFG)
I intend to.
You'd better, you owe me $19.95 USD for the free bankruptcy advice.
If you expect to get paid for unsolicited advice, I have some free
advice for YOU. (I could get rich that way.)
Hmmm, I take it you're not interested in a Buy one, get one free for the
coat of postage and handling? No wonder Fastman went out of business
with customers like you. (G)
Post by Frank McCoy
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David Simpson
2013-04-22 12:58:40 UTC
Permalink
On Sun, 21 Apr 2013 21:45:44 -0500, Frank McCoy <***@millcomm.com>
wrote:

[snip of various sagas]

Best of luck, Frank. I hope that you win the appeal, can't you sue for
damages if that is the case and you lose your house?
--
David
No email replies please.
22/04/2013

Never look up when dragons fly overhead.
Frank McCoy
2013-04-22 13:16:14 UTC
Permalink
Post by David Simpson
[snip of various sagas]
Best of luck, Frank. I hope that you win the appeal, can't you sue for
damages if that is the case and you lose your house?
Don't think so.
That's not how the system works unless I could show malicious
prosecution ... and probably not even then.

I'd be VERY lucky to get even an apology; and more likely to get
curses.

--
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Mike Duffy
2013-04-23 01:13:39 UTC
Permalink
The bad news ... her aortic valve isn't closing properly;
Frank, all that other stuff ( maybe going to prison / cat dissappearing /
losing the house ) is just scum floating around on the tidal wave.

For your sake, I hope she gets better. The other stuff will take care of
itself. And you have always been clear that a lot of what has happened is
sort of what you planned.

My ex-boss had an artificial valve put in a few years back. He's still
kicking. So there is hope. Good luck on this.
--
http://pages.videotron.ca/duffym/index.htm
Frank McCoy
2013-04-23 02:13:18 UTC
Permalink
Post by Mike Duffy
The bad news ... her aortic valve isn't closing properly;
Frank, all that other stuff ( maybe going to prison / cat dissappearing /
losing the house ) is just scum floating around on the tidal wave.
For your sake, I hope she gets better. The other stuff will take care of
itself. And you have always been clear that a lot of what has happened is
sort of what you planned.
My ex-boss had an artificial valve put in a few years back. He's still
kicking. So there is hope. Good luck on this.
Went to see her regular Family Doctor today.
She was feeling dizzy this morning.
Nothing found wrong.
She's feeling better now.

According to her GP, looking at the heart-test-results, the aortic
problem isn't really all that bad. HIS opinion, was to just ignore
it. HE seems to think her tiredness is more problems with her
medication (stuff she NEEDS for other problems) than with the heart.

He might be right. I'll trust her cardiologist's opinion a bit more.
Still got her angiogram to go.
Her GP was tending to dismiss the need for THAT, as well.
I pointed-out that she'd had *previous* problems with blocked arteries
in her heart; had to have one stent reopened and another put in; so it
just *might* be further problems of the same kind. He grunted and
accepted that I might have a point.

So, about the First of next month she'll go have that done.
Then, clear into about the end of June, she'll go see her oncologist.
That's the earliest she could get scheduled. The doctor is BUSY.
I guess that's what happens when you get a GOOD doctor.

--
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