A Failure To Understand Legal Ethics Kills

Sunshine-skyway-bridge

This week, John Jonchuck arrived at his lawyer Genevieve Torres’s office in Tampa, Florida dressed in his pajamas. He had his 5-year old daughter Phoebe with him.

Torres’s new client had a history of arrests for domestic battery, driving under the influence, and passing fraudulent checks.  Jonchuck told her he had cared for Phoebe for two years, and asked Torres to file papers that day so he could have full legal custody of his daughter.

There were clues, however, that indicated to Torres that something was amiss….the pajamas, for example. Then her client kept saying that she was God, the Creator. When he asked her to read a Bible in Swedish, and told the lawyer to come with him to St. Paul’s Catholic Church to baptize him, she was pretty much sure he was stark, raving mad, and that his daughter was in peril—especially when he left her office with the ominous statement,  “Don’t file the paperwork. It’s not going to matter anymore.”

Torres called 911, saying that she was his lawyer, and that she believed the little girl wasn’t safe. “He’s out of his mind, and he has a minor child with him driving to the church now,” Torres explained. Hillsborough County sheriff’s deputies found Jonchuck and Phoebe at  the church, where he was meeting with a priest .Jonchuck told them God had spoken to him in the past, according to a Sheriff’s Office report. Deputies determined that he was not a danger to himself or  Phoebe.

Thirteen hours later, Jonchuck dropped Phoebe off Tampa’s Sunshine Skyway bridge, and she drowned in the dark waters below. Continue reading

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

Rice and Janay

Ethics Corrupter of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

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First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 1)

Cosby3

2014 was the year of the Ethics Train Wreck. They were coming so fast that they were getting tangled up with each other, and old wrecks from past years started rolling again, or the damage that was triggered a year ago or more started kicking in. I don’t know if every year really is more ethics free than the year before, or that it just feels that way because I’m getting better at sniffing it out. By any standards, it was a wretched year, with epic ethical misconduct across the culture. But I can’t stall any more: let’s wade into it. There will be more installments this year, so the misery is coming in smaller bites. You’re welcome.

Ethics Train Wreck of the Year

trainwreck

It’s a tie!

The Ferguson Ethics Train Wreck and The Obama Administration Ethics Train Wreck

The obvious winner is the Ferguson Ethics Train Wreck, which has managed to hook up with the 2012 winner, The Trayvon Martin- George Zimmerman Ethics Train Wreck, as well as a the sub-EthicsTrain Wreck attached to the death of Eric Garner, to further degrade U.S. race relations, undermine the stability of numerous cities, get several people, including the recently assassinated NYC police officers killed, revive race riots, give vile demagogue Al Sharpton unprecedented power and influence, and pick up such distinguished riders as President Obama,  Missouri Governor Jay Nixon, New York Mayor de Blasio. It is also still barreling along at top speed after many months, and is a good bet to continue its carnage well into 2015. 

Yet, it became clear to me this summer with this post that the entire Obama Administration has become an Ethics Train Wreck, and one that is neck-and-neck with the one spawned in Ferguson in threatening short and long-term damage. Incompetence, dishonestly, lack of transparency and arrogance have hardened cynicism in the public, corrupted the ethical values of defenders, let journalists to disgrace themselves, and fertilized festering potential disasters internationally and domestically. This is also, I now see, a wreck of long duration that started in 2009, and had gathered momentum with every year. It also has sparked other wrecks, including the one that now keeps it from being the sole 2014 winner. How much damage will The Obama Administration Ethics Train Wreck do in 2015? Which agency or department will prove itself to be corrupt, incompetent and mismanaged, which official will continue in a post after proving himself unfit to serve, which inept pronouncement or abuse of power will further degrade American trust and freedom?

I’m not looking forward to learning the answers.

Fraud of the Year

The U.S. Justice Department, which allegedly participated in a plot to force  Sierra Pacific Industries and other defendants  to pay $55 million to the United States over a period of five years and transfer 22,500 acres of land as settlement of charges brought against the company by DOJ for causing a 2007 wildfire that destroyed 65,000 acres of land in California. Naturally, the national news media has barely covered this scandal, which is still in litigation. Runner Up: The Victoria Wilcher scam, which made KFC pay for plastic surgery for a little girl when there was no evidence that the company was in any way involved with her injuries. After the fraud was discovered, it didn’t dare ask for its money back. Well played, fraudsters! Continue reading

Unethical Quote of the Week: Ampersand on “Alas! A Blog”

Into the Woods

There is no reason in the world, other than Hollywood’s endless racism and lack of imagination, for this movie (or the original play, alas) to have an all-white cast. Why do movies feel like they’d rather die than show us a diverse cast? (And please don’t say “they cast the best people for the roles.” I thought the whole cast was good, but Streep was the only one who turned in a performance so unique that you couldn’t imagine anyone else doing the role.)

—–Ampersand, a.k.a. Barry Deutsch, opining on the assets and deficits of Rob Marshall’s film adaptation of “Into the Woods” on his blog

I hate to pick on Barry—OK, that’s not true, I enjoy it immensely—but this statement could stand as the distillation of knee-jerk liberal thinking on race, and it is wrong in so many ways that I hesitate to start counting. The sentiment, however, poses a nice counterpoint to the discussion here about the black James Bond controversy, so I can’t resist taking aim at it.

1. So casting a mega-million dollar film—-in a dicey genre (Have you heard? Big budget Hollywood musicals died in the Sixties…) and a limited audience—with actors who comport with that audience’s expectations of the musical the film is based on is racist, eh? More unfair words and inexcusable race-baiting were seldom uttered in word or written in ink. If a director had a vision that supported casting African American actors in traditional Grimms’ fairy tale roles and could make it work, I would salute him, but Rob Marshall had other priorities. He knew that every cut would be scrutinized and attacked by the Sondheim fanatics (which, by the way, are as white as a dove convention in a blizzard); he knew that the show itself was seriously flawed; he knew that every single adaptation of a Sondheim musical (“West Side Story” doesn’t count) has been a critical and box office bomb. He had every reason to keep his casting choices as close to the traditional images of the characters and the way they were portrayed on Broadway, and none of those reasons were racism.

2. It’s impressive how casually a race-obsessed progressive will accuse a professional of racism as a first response. Irresponsible, unfair, disrespectful, and in this case, ignorant of both commerce and art. Continue reading

A Rare Ethics Hero-Ethics Dunce: Maine Attorney General Janet Mills

I looked everywhere to find a picture of a combination Hero-Dunce. This was the best I could locate: the Maine Atty. Gen.

I looked everywhere to find a picture of a combination Hero-Dunce. This was the best I could locate: the Maine Atty. Gen.

If one’s only point of reference were Eric Holder, one might get the impression that the job of an attorney general is to use the influence and power of the office to pursue the executive’s political and policy objectives. That is not what an attorney general is supposed to do, however, because the top lawyer of a city, a state or the U.S. is pledged to represent all the people, not just those who patronize a particular party, and the top lawyer’s client is not the executive, but the entire government entity. If that entity becomes corrupt, then the client becomes the public that is being betrayed.

Maine’s Attorney General Janet Mills illustrated how the job should be done and can be, if the lawyer holding it is ethical and not merely a serving as a political yes-man. Governor Paul LePage, a Republican, wanted to appeal the federal government’s  denial of his request to remove about 6,000 low-income young adults, 19- and 20-year olds,  from Maine’s Medicaid program. Normally the Attorney General would handle the litigation, but Mills refused, insisting that it was  a case that could not be won, and would waste state resources. Excellent. Continue reading

Vote For The Curmies: The Worst In Unethical Education, 2014

Rick Jones2

Every year, blogger Rick Jones (above) announces his “Curmies” (he is the Curmudeon, after all) nominations for “the person or persons who most embarrass the profession of educator.”

I encourage Ethics Alarms readers to vote over at Rick’s blog. Here are his worthy nominees, with Rick’s commentary:

1. James Miller, President B. Kaye Miller, and their co-conspirators at Bergen Community College, who suspended and demanded a psychiatric evaluation of art professor Francis Schmidt for tweeting a photo of his seven-year-old daughter wearing a t-short reading “I will take what is mine with fire and blood” even after it was proven that the line is a well-known pop culture reference to the Game of Thrones. They did finally back off several months later, but it was too little, too late. In mitigation: if you’re both an idiot and completely unengaged in popular culture, that line might actually make you think about recent school shootings. In aggravation: the shirt is obviously inoffensive, the process was obviously flawed, and the school’s defense of their actions is the perfect balance of irrationality and pomposity.

2. A cadre of incompetents at Harley Avenue Primary School in Elwood, NY, who cancelled the school’s traditional kindergarten show because of concern with making their charges college-ready. In mitigation: I can think of none. In aggravation: these people have no comprehension of child development, of what goes into making a show, of real college-readiness, or indeed of anything other than their own hubris, from what I can tell.

3. Secretary of Education Arne Duncan is likely the worst cabinet member of the 21st century, but he outdid even his own high standards of incompetence and arrogance with the proclamation that even students with disabilities will be expected to attain basic standards of reading and math: “We know that when students with disabilities are held to high expectations and have access to a robust curriculum, they excel.” Actually, no, Arne, we know no such thing, and if you think we do, maybe you should get off the hard stuff. In mitigation: I got nothing. In aggravation: Duncan’s plan has no upside, will cost pots of money, and ignores differences between students’ innate ability and preparation while pretending to privilege individuality.

4. Wasatch (UT) High School officials, for puritanically altering female students’ yearbook photos without as much as giving the girls the opportunity to fix their alleged transgressions. In mitigation: there was indeed a sign warning students of the need to obey the school’s dress code. In aggravation: the policy was enforced inconsistently and apparently whimsically. More significantly, the level of sexism involved is positively stunning: boys had their pictures taken with shirts gaping open, tattoos, copious amounts of visible boxer shorts… and a cutline “Studs doin’ what studs do best.” I couldn’t make this up.

5. There were plenty of cases of schools’ and universities’ over-reacting to the Ebola pseudo-crisis. We’re going to give the specific nomination to Cline Elementary in Friendswood, TX, not because their craven stupidity was any worse than that exhibited by several other schools, but because of the distance the teacher in question was from an actual outbreak while traveling in Africa relative to the distance to the nearest confirmed case to the district itself: roughly 11 to 1. In mitigation: there was lots of false information circulating, and parents (especially) were nervous. In aggravation: you’re supposed to be a school. Educate. When people are being paranoid idiots, it is your responsibility to keep your collective heads and do the right thing.

6. The administration of Rhame Avenue School in East Rockaway, NY, for taking teacher Vuola Coyle out of her classroom because her students’ test scores were too good. Yes, too good. It costs the school because students supposedly learn too much in 4th grade and therefore don’t show enough improvement as 5th graders. In mitigation: we haven’t really heard the school’s side of this story. In aggravation: even if everything else is false, the school’s addiction to testing, and to practice testing, is demonstrable.

7.The University of North Carolina for allowing a corrupt system of allowing athletes (especially) to enroll in “paper courses” for the sole purpose of keeping them eligible or off suspension to continue for nearly two decades. In mitigation: the real offenses are in the past, as are the worst of the offenders. But if the release of an investigator’s report marks a new event in the minds of SACS accreditors, it can for Curmie, too. In aggravation: it is impossible to believe that a lot of people currently in powerful positions at UNC didn’t know exactly what was going on and did nothing. And if “everyone does it,” it is the portent of very bad things to come, indeed.

8.Assistant Principal Paula Johnson and the rest of the administration of Bayside Middle School in Virginia for suspending 6th grader Adrionna Harris, who took a razor away from a classmate who was cutting himself, immediately throwing it away. But she dealt with the problem instead of calling a teacher. In mitigation: Adrionna was technically in violation of a rule that actually makes sense if not applied irrationally. In aggravation: the administrators wouldn’t have known about the incident if Adrionna hadn’t told them, so she was punished for being honest as well as being heroic.

In part because Rick was very busy this year, his nominations do not include as many subjects of Ethics Alarms posts as usual: only #2, #7 and #8 of Rick’s nominees were discussed here. On the other hand, Rick left un-nominated some truly awful examples of unethical teachers, administrators and institutions that flipped my bippy, such as, these, currently being assessed as I prepare my Best and Worst of Ethics 2014 list. They are a miserable list too, and include… Continue reading

The Absolute Worst Of The Terrible Arguments For Putting Barry Bonds In The Hall Of Fame

815-Baseball-Hall-of-Fame-CEvery year at this time, I issue commentary on the “steroid-users in the Major League Baseball Hall of Fame” controversy. I’m not going to disappoint you this year.

Today the Hall will announce who the baseball writers deemed worthy, and, as usual, the acknowledged steroid cheats with Hall of Fame statistics will be resoundingly rejected. I don’t feel like revisiting this subject in depth again right now: I have done so before, many times. However, yesterday I nearly drove off the road listing to MLB radio commentators Casey Stern and Jim Bowden, supposedly baseball experts, give their reasons for voting for the entire range of steroid cheats, from Barry Bonds and Mark McGwire to Roger Clemens and the despicable Alex Rodriquez.

Baseball’s Hall of Fame, alone among the sports Halls,  includes ethics in its criteria for entry: a player must exhibit sportsmanship, integrity and have been a credit to the game. The average sportswriter who votes for candidates is about as conversant in ethics as he is in Aramaic, leading to an endless debate involving every rationalization on the list and  analogies so terrible that they melt the brain.For example, I constantly hear and read that the evidence that Barry Bonds used steroids is “circumstantial” so it is unfair to tar him as a steroid user. Such commentators don’t know what circumstantial evidence is. Criminals can be justly convicted beyond a reasonable doubt by circumstantial evidence, which is also known as indirect evidence. Direct evidence, if believed, proves the existence of a particular fact.  Circumstantial evidence proves facts other than the particular fact  to be proved, but reason and experience indicates that the indirect evidence is so closely associated with the fact to be proved that the fact to be proved may be fairly inferred by existence of the circumstantial evidence. There is direct evidence that Bonds was a steroid-user, but the circumstantial evidence, as the well-researched book “Game of Shadows” showed, is so voluminous that it alone is decisive. Literally no one thinks Bonds is innocent of using steroids. [You can read my analysis of the case against Bonds here, here, and here.]

Stern and Bowden, however, claim that it is unfair to refuse the honor of Hall of Fame membership to suspected steroid users because it is inevitable that some players who used steroids and were never caught or suspected will make it into the Hall, if there aren’t such undetected cheat in the Hall already. Continue reading

The NYPD Turns Its Back On De Blasio: What’s Going On Here?

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The rift between New York Mayor de Blasio and his city’s police department  is more than an internal spat. It has the potential to divide and harm the city and citizens, not to mention crashing the Mayor’s already self-jeopardized political career early in his term. Both sides if this dispute committed hostile acts that the other considers grievously disrespectful. Neither combatant appears ready to apologize.

De Blasio crossed what many of his department’s officers consider an uncrossable line when he suggested, in the immediate wake of the grand jury’s decision not to indict in the Eric Garner case, that his own bi-racial son was at risk of harm should he be apprehended by the NYPD. As I have written before, this was not, as the spinners would have it, just a case of a mayor being candid about genuine problem in community relations. This was a tacit endorsement of the “hands up” protests and their contention that Garner, Mike Brown and others were the victims of police racism, that police are killing, likely to kill, want to kill, black kids. It doesn’t matter that de Blasio may not have intended that implication: under the circumstances and in the context of events, this is what police officers interpreted his remarks to mean. He was siding against them. He was suggesting that the grand jury was wrong not to indict. He was suggesting not that some NYPD officers were racially biased, but that black children like his son “may not be [Translation: “are not“] safe from the very people they want to have faith in as their protectors.”

The police have responded with multiple demonstrations of anger and contempt for their boss. Most recently, there were boos and jeers when De Blasio spoke at a police graduation ceremony this week. Over a hundred officers symbolically turned their backs when the mayor spoke at the funeral of Officer Rafael Ramos, who was assassinated by a man who suggested that he was seeking vengeance for the deaths of Garner and Brown. That had followed the theme of an airplane-towed banner over the city that read,“Our backs have turned to you,”which in turn was inspired by the spontaneous gesture by officers present when de Blasio visited the hospital where the bodies of Officer Ramos and his partner lay.

The New York Times, which has been guilty of bolstering the “hands up” lie by carelessly linking the deaths of Brown and Garner as well as Trayvon Martin, none of which can be fairly blamed on racism based on available evidence, has come down squarely against the police, writing in an editorial: Continue reading

A Lawyer Argues “Do No Harm” Should Be Added To The Legal Ethics Rules, Thus Proving Herself To Be A Hopelessly Unethical Lawyer

This is Alexa. She'll let you know if your client is good or bad, and whether you should help him. Just ask.

This is Alexa. She’ll let you know if your client is good or bad, and whether you should help him. Just ask.

Lawyer Alexa Van Brunt contributed a jaw-dropping op-ed to the Washington Post over the holidays. It was titled “The ‘torture’ memos prove America’s lawyers don’t know how to be ethical,” and argued that the legal profession needs the equivalent of the medical profession’s “First do no harm” ethical standard.

It was irresponsible for the Post to print such a piece, because it made its readers, most of whom are thoroughly confused about legal ethics already, even more confused. So far, I have yet to find any lawyer who regards Van Brunt’s theory as anything other than laughable, tragic, shocking, or proof that ideology rots the brain. She cannot possibly understand legal ethics or even what the duties of the legal profession are and compose such an embarrassing piece.

Alexa Van Brunt is, we are told, an attorney at the Roderick and Solange MacArthur Justice Center, a Clinical Assistant Professor at Northwestern University Law School and Center, and a Public Voices Fellow with The OpEd Project. This explains a lot. She is a public interest lawyer on a mission, and thus represents only causes that she thinks are good, right and important. Apparently she missed the part of law school where you learn that one of a lawyer’s jobs is to assist non-lawyer clients as they try to accomplish their goals, which they believe are good, right, and important. These often involve engaging in controversies with others, and zero-sum results. Someone is going to suffer “harm.”

In medicine, what “do no harm” means is frequently clear: make the patient better, not worse. There are usually not competing patients, where a limited amount of health must be allotted among suffering human beings. Thus a doctor will not ethically take a healthy heart from a living patient to give to another. In law, however, “Do no harm” would render many disputes beyond legal assistance. Is a defense lawyer who refuses to let a guilty client be convicted by insufficient evidence, jury bias and wrongful interpretation of the law doing harm by freeing a criminal, or is it harm to allow prosecutions to violate due process? Is a real estate lawyer who assists as a company purchases virgin land for the building of a factory doing harm to the environment, or is the lawyer for the environmental group that tries to block it doing harm to the economy?

Van Brunt’s primary focus is the torture issue, but even there, what is “harm” is muddy. Those who supported the use of torture believed that precluding it would place the U.S. population at risk. Alexa defines “harm” as violating international law and the Constitution, but the Constitution, some scholars believe, does not prohibit torture as the CIA practiced it, and in war, doing harm is necessary to win. Who decides whether a litigant who wants to sue for police brutality is going to do harm to public safety, or whether defending a police officer accused of murder will encourage police executions of unarmed men? Who decides, when it comes to  finding that a lawyer violated this new, sensitive ethics rule, what constitutes “harm”?

Why Alexa, of course! She and all those other good people who know with absolute certainty what is right and just in every case—they know what harm is. Just ask them. Meanwhile, client confidentiality is out, because sometimes a lawyer keeping his client’s secrets may cause harm to others. Providing legal advice to banks, defense contractors, auto manufacturers, gun-makers, processed food manufacturers, McDonalds, pharmaceuticals, the Defense Department, the CIA, pro-life organizations (abortion providers don’t harm anyone, of course), the NRA, the Republican Party, this all causes harm…by Alexa’s standards, and she knows best. We don’t need judges or juries, just let the consciences of lawyer and their associations decide which clients are virtuous enough to be worthy of legal representation.

The op-ed is not just absurd, but ignorant and alarming. How can anyone this warped and lacking in understanding of the law and the ethical duties of the profession be teaching at a law school, where she can assist in the minting of new lawyers as ignorant, arrogant and unethical as she is?

Talk about doing harm.

 

Ethics Reminder To The Episcopal Diocese of Maryland And Bishop Cook: “Hit, Run, Realize You’re Screwed And Come Back 20 Minutes Later To Take Responsibility” Is Still “Hit And Run”

bicycle-hit-and-run

Yesterday, Heather Cook, the No. 2 official in the Episcopal Diocese of Maryland, struck and killed cyclist Thomas Palermo with her vehicle. He later died; she did not stop and drove on, leaving the scene and her victim  badly injured by the side of the road. Another motorist stopped and called 911, and cyclists who set out to find the fleeing car reported seeing a Subaru with a smashed windshield. twenty minutes after the fatal accident Cook returned while investigators were still on the scene.

In an email to the clergy of the Episcopal Diocese of Maryland, the Right Rev. Eugene Taylor Sutton announced that Cook, the first woman to be ordained a bishop in the Maryland diocese had been involved in a fatal accident, and said,

“Several news agencies have reported this as a ‘hit and run.’ Bishop Cook did leave the scene initially, but returned after about 20 minutes to take responsibility for her actions.”

Oh. Well, leaving a man to die on the road is all right, then. Continue reading