Why Did A Judge Let A Man Who Was Trying To Kill His Wife Get Off With A Tough, “Now, Now, Don’t Try To Poison Your Wife Again!” [Updated]

[Notice of corrections: This post had way too many typos, and I apologize profusely. Thanks to Crella for alerting me. I think I got all of them.]

I have a theory.

I wish I didn’t.

Therese Kozlowski got a videotape of her husband Brian poisoning her coffee with sleeping pills. Even with this evidence, the poisoner received a sentence of just 60 days in jail, which he will be allowed to serve on the weekends. The prosecutor called the sentence “a slap in the face” of the victim. Oh, it’s much worse than that.

It all started after Therese said she wanted a divorce. Then she noticed that she was feeling drowsy and tired on mornings when Brian made the coffee. She narrowly avoided an accident when she fell asleep while driving to work. So she secretly installed a small video camera by the coffee machine, and sure enough, Brian was putting the equivalent of eight sleeping pills in the morning java.

“Brian’s continuous, methodical, and calculated plot to poison me included a complete disregard for human life, including his own daughter [she also drank some of the spiked coffee], along with hundreds of other drivers who he put at risk every day for weeks,” Therese Kozlowski said in court. “I believe this was attempted murder. Once Brian realized he lost me and there was no getting me to stay in this unhealthy marriage, his goal was to eliminate me.”

This convinced Macomb County (Michigan) Circuit Court Judge Antonio Viviano , he said, to give Brian jail time instead of merely probation, which was his initial instinct. Continue reading

Open Forum…Again!

We have to stop not meeting like this…

You will note that the big hand is on the 6 and little one is on 5, as for some reason I am too tired to recall, my ethics day this day, June 20, 2019, begins with a 6:30 am bar association production meeting for a legal ethics video, and continues unbroken until 9 pm, when I will complete a three hour ethics seminar on the ethics of Clarence Darrow, with the estimable Darrow interpreter, Paul Morella. That’s about 15 straight hours. Who says ethics isn’t in demand?

So once again, I must ask the commentariat here to keep the fire burning and the discussion flowing. Anything goes, as long as it it is on topic and civil.

Maybe you will want to ponder this case, long regarded as Darrow’s ugliest, which I will be discussing today, among others:

Good luck, everyone. I will self -destruct in about 15 hours…

Jake Stein’s Tears

Legendary D.C. lawyer Jake Stein died last week at 94. He was that rarity in Washington and among lawyers, a universally respected attorney who had made few enemies and had few detractors. He was also long regarded as the sage of the profession in D.C., whose thoughtful and erudite essays that closed the bar associations’ monthly magazine, Washington Lawyer, were perhaps the most-read features of the publication.

I was reminded in his New York Times obituary that Stein represented Kenneth W. Parkinson, a former lawyer for President Nixon’s re-election committee, when he was charged with conspiracy and obstruction of justice in the Watergate scandal. Parkinson was the only indicted Watergate figure who was acquitted, and Stein’s skillful defense was considered to be the reason.  His closing argument was made unusually dramatic by Stein weeping as he described Parkinson as a pawn of “confessed perjurers,” and pleaded for the jury to consider his client’s character and the wounds the unjust prosecution had inflicted on it. “Doesn’t a lifetime, where you built it up grain by grain, weigh against that?” Stein asked plaintively.

I wonder: were Stein’s tears real, and does it matter? Continue reading

Ethics Warm-Up, 2/19/19: College Disgrace Edition [Updated!]

Hello, Readers, and Goodby, Columbus (see #5)!

In case you care: yesterday was about the third time in ten years that I have failed to get at least one post up. I was in New Brunswick, NY, after the three and a half-hour trip from Virginia took over five hours instead of three. I had scheduled a 6:15 am wake-up call, and a room service breakfast at 6:30 in order to prepare for my 3 hour seminar and get a post or two up before I had to check out at 8 am. No wake up call. No breakfast. I was awakened at 8:05 am by Clarence Darrow, aka actor Bruce Rauscher. Somehow we made it to the seminar on time, Bruce was great, the lawyers were happy, but by the time the return journey got me home that night any Ethics Alarms post I attempted would have been in Esperanto.

I’m sorry.

1. Revelation! Hearing Darrow’s courtroom arguments in a different interpretation and pace made me realize that part of his methodology was to gradually convince juries that he was smarter than they were, and that they should just do what he said because he proved he had thought the issues through more thoroughly than they had or could. His genius was that he could do this without appearing to be arrogant or conceited. This is how effective leaders lead, and also how they corrupt, persuading normal people to just surrender their judgment.

I am an advocate of capital punishment, but when Darrow made this argument pleading for the lives of thrill-killers Leopold and Loeb….

What is the public’s idea of justice? “Give them the same mercy that they gave to Bobby Franks.”

Is that the law?  Is that justice?  Is this what a court should do?  Is this what a state’s attorney should do?  If the state in which I live is not kinder, more humane, more considerate, more intelligent than the mad act of these two boys, I am sorry that I have lived so long.

…I had to pause and wonder if he had found the fatal weakness in the logic of the death penalty. I have a rebuttal, but I have thought about the issue a long time, and Darrow wasn’t THAT much smarter than me. But if I were a typical juror (or even a judge, as was his audience in this case), I might be tempted to see the case Darrow’s way.

2.  Once again, the totalitarian instincts of progressives and attempted thought-control on campuses...I believe that this escalating phenomenon will eventually lead to an epic cultural conflagration.

Orange Coast College barred its chapter of the Young Americans for Freedom  displaying this banner….

…..at a campus student recruitment fair. The College objected to the banner’s depicting images of two rifles which college officials said were forbidden by a college policy that bars not just firearms but “any facsimile of a firearm, knife, or explosive.”

Obviously, however, such a decision violates the First Amendment. Explains Constitutional law expert Eugene Volokh, “once a university opens up a space where students may display banners, it then may not restrict such displays unless the restriction is viewpoint-neutral and reasonable. It’s hard to see a viewpoint-neutral rationale for banning even sillhouette displays of guns, which no-one would confuse for real guns….even if the rationale is viewpoint-neutral, it’s not reasonable: To be reasonable, a restriction on speech within a government-created forum must be “consistent with the [government’s] legitimate interest in ‘preserv[ing] the property … for the use to which it is lawfully dedicated.'” Nothing about the display of rifle sillhouettes interferes with the government’s legitimate interest in preserving campus property for its normal uses, except insofar as such a display conveys a pro-gun viewpoint to which some people object.”

Of course, the real purpose of the restriction is political indoctrination of students and agenda-driven limitations on advocacy. College administrators who don’t comprehend the Bill of Rights better than this may be qualified to educate trained ferrets, but not human beings less human beings.

The professor also points out that the school’s sports team logo…

…violates the school policy exactly in the manner the banner does, for it includes an illustration of a knife.

Fools and hypocrites—and nascent totalitarians. Continue reading

They Seem Like Good Ideas…But Not Really. Clarence Darrow Knew Why.

I. The Daily Telegraph officially apologized “unreservedly” to Melania Trump and agreed to pay her “substantial damages” for an article it published last week. Mrs. Trump had sued the paper in British courts.

The paper said its Saturday Magazine cover story “The Mystery of Melania” this month contained false statements, as her lawsuit claimed. It wrote,

Following last Saturday’s (Jan 19) Telegraph magazine cover story “The mystery of Melania”, we have been asked to make clear that the article contained a number of false statements which we accept should not have been published. Mrs Trump’s father was not a fearsome presence and did not control the family.  Mrs Trump did not leave her Design and Architecture course at University relating to the completion of an exam, as alleged in the article, but rather because she wanted to pursue a successful career as a professional model. Mrs Trump was not struggling in her modelling career before she met Mr Trump, and she did not advance in her career due to the assistance of Mr Trump.

We accept that Mrs Trump was a successful professional model in her own right before she met her husband and obtained her own modelling work without his assistance. Mrs Trump met Mr Trump in 1998, not in 1996 as stated in the article. The article also wrongly claimed that Mrs Trump’s mother, father and sister relocated to New York in 2005 to live in buildings owned by Mr Trump.  They did not. The claim that Mrs Trump cried on election night is also false.

We apologise unreservedly to The First Lady and her family for any embarrassment caused by our publication of these allegations.  As a mark of our regret we have agreed to pay Mrs Trump substantial damages as well as her leg

Continue reading

Gee, Mary, That Sounds Tough, But You Still Stole Millions Of Dollars…

I guess I’m just a hard-hearted bastard.

Last  September, art world luminary and art dealer Mary Boone, whose gallery  have been a prime feature of the New York art community since the Seventies, agreed to plead guilty to charges of filing false federal income tax returns, defrauding the government of millions of dollars. They had her dead to rights: the evidence showed that she used business funds to pay for more than $1.6 million in her personal expenses such as remodeling her  Manhattan apartment, and then falsely claimed those expenses as business deductions, prosecutors said. Then she failed to report on her personal tax forms the profit from her gallery, claiming losses to offset what she had declared as her personal income.

Now it’s sentencing time, and Boone’s lawyers are sawing away at the world’s smallest violin. Facing up to six years in prison, Boone is asking for compassion and minimal sentencing, indeed, her lawyers argue that she shouldn’t go to prison at all. Why? She had a troubled and unstable childhood, apparently. These led to mental health issues, a suicide attempt and drug and alcohol abuse. Most importantly, the poverty of her early life made her fearful that, despite her success, she would end up destitute and dependent upon others.

Funny…I’ve had those same fears at various times during my life. It never occurred to me that this might be a Get Out of Jail Free card.

“Behind the facade of success and strength lies a fragile and, at times, broken individual,” her lawyers wrote in the filing to the court made last month. The Times further reports, Continue reading

Clarence Darrow’s Reflections On His Birthday

Today I’m going to indulge myself here, as it is Cognitive Dissonance Day, December First, my birthday and the 9th anniversary of my biggest birthday surprise, finding my 89-year-old father, Jack Sr., dead in his favorite chair when I arrived to pick him up to go out for dinner. Even though I know, and knew then, that the end was well timed, exactly as Dad would have wanted, and perhaps even self-willed, it’s a tough day for me, added to the only periodically dawning realization that I’m not going to be around forever myself. Dad was a lifelong iconoclast, loner, idealist, joker, cynic, optimist, hero and seeker of truth, and the best role model any son ever had. After he died, his doctor told me that normal men would have been in bed for months. “All sorts of things were killing him, and he was in a lot of pain,” he told me. “His attitude was ‘Just keep going, and nobody wants to hear old people complaining.'”

But I digress. Here’s today’s first installment of Ethics Alarms self-indulgence, frequent guest here Clarence Darrow’s reflections on his birthday. The SOB called himself an old man at 61. He was a kid!

I have always yearned for peace, but have lived a life of war. I do not know why, excepting that it is the law of my being. I have lived a life in front trenches, looking for trouble.

If I had known just what I was to run into here I would have worn a gas mask. A man is never painted as he is. One is either better or worse than the picture that is drawn. This is the first time that I have felt that I was worse. No one ever gave me a dinner like this before, and I really do not know how my friends happened to take into their heads to do it this time. I am sure it has been pleasant, although in spots more or less embarrassing; still on the whole I prefer the embarrassments incident to this dinner, rather than the ones I often get.

Like most others who reach the modest age of sixty-one, I have hardly noticed it. Still this morning for the first time in more than twenty yeas I felt a twinge of rheumatism, a gentle reminder on this birthday that I am no longer a “spring chicken.” On the whole the years have passed rapidly. Some of them, it is true, have dragged, but mainly they have hurried as if anxious to finish the job as soon as they possibly could. So quickly have they sped that I hardly realize that so many have been checked off, in fact I have scarcely thought about it as they went by.

I have been congratulated a good many times today, no doubt on the fact that I am so nearly done with it all. One scarcely feels as they go along that they are getting–well older. Of course I know my intellect is just as good as it ever was; I am sure of that. Everyone tells me that I am looking younger. I had my hair cut about a month ago; a friend remarked, “It makes you look ten years younger,” so I had it cut again. Perhaps I shall keep on getting it cut. Of course, one more or less doubts the truthfulness of thee old friends, when they say you are getting younger, but at the same time you try to believe them and do not contradict.

Perhaps it would be proper at a time like this to reminisce more or less, but I am always afraid to do it. I am never quite sure whether I might not have said the same things before . Neither am I certain that I shall not say something I had better leave unsaid. If one has lived an active life, as he grows old he finds that he has gathered a large fund of facts and fictions that he should keep to himself; and yet he always feels an urge to tell. Then I have had Tolstoy’s frightful example before me all my days. You know he lived a busy, useful life, getting about all there was out of it, and then after he got–well, past sixty-one, he grew good and began to moralize I presume Tolstoy did not know just what was the matter with him. Continue reading