The “Other” Domestic Violence – False Accusations “Kill” the Accused

As bad as domestic violence can be, false accusations are ruinous, and non-recourse punishment by our injustice system.

The law did not address domestic violence seriously, until recent decades.  Then state legislatures passed current domestic abuse laws in fits of passion without thinking of potential abuse by false accusation.  Now, vengeful women use these laws as weapons in child custody, and divorce cases, as well as for just plain spite.  There is no defense.

The police are required to come and arrest the accused and take him to jail, even if the accuser recants on the spot.  Then, the D.A. charges the accused, even if the accuser continues to recant, (the mean women pile on other wild accusations and get restraining orders.).

Meanwhile, the meter is running on legal bills, and in custody situations, the father cannot see his kids.

If he is found not guilty, he is still out thousands of dollars, may have lost his job, and his reputation.  On top of that, he has zero chance of filing charges against the accuser; they will not prosecute for fear that such charges”might discourage real victims from coming forth.”

My son-in-law is going through this right now.  The accuser claimed he bent her finger, hurt her ribs, and hit her.  She had no signs of damage, did not go to a doctor, and waited 10 days, until he was in back surgery, to call the police.  He was arrested, charged, and subject to a 90-day restraining order, which kept him from seeing his 18-month-old son.  His employer suspended him pending the trial (next February).  Legal fees are over $5,000 so far.

Then, she added more far-fetched accusations:  he tore her clothes off, chased her around the apartment, pulled out and administered a rape kit to test if she had cheated on him, then produced a polygraph machine and tested her for lying.  (She never mentioned the baby at all.)  Since then, she has thought up even more charges; and the D.A. just keeps on adding one ridiculous item after another.  Oh, did I mention she is crazy?

He is not alone, by a long shot.  Look online for stories of false accusation.  Sure, most of the time the charges have substance.  But in this case, I am sure this woman used these accusations to punish him and keep him from his son.

The only way to change this travesty, is to encourage/threaten your elected officials.  If there is clearly no obvious harm to the woman, AND she recants, and admits she did it out of spite/anger, the allegation should be investigated, not ruining the man’s life.

The accused should be treated as innocent until proven otherwise.  Until balance and due process are restored, men can always be guilty until proven innocent, and even then they lose.

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Watch Out Memorial Day Weekend Drivers! Texas Police Abuse a Little-Known Traffic Law to Trap Motorists

It is Memorial Day weekend.  You are going to the lake or to visit family or friends. You are not a novice driver.  You have been around for quite a while and you know the traffic laws. You try to avoid traffic tickets by staying close to the limits of speed and safety.

You also know that some towns along multi-lane highways are known as “speed traps.”  The usual speed limit is 60 – 70 MPH; the speed limit drops by 10 – 15 MPH at the city limits.  The local police sit there and write ticket after ticket when motorists miss the sign.  Most drivers know this; radar guns only snare the unwary.

But what about this sneaky trick:  Ticket drivers going at or below the posted limit, who do not know the specifics of one Texas law.

  • You are driving on a tollway with a posted speed limit of 80 miles per hour;
  • Up ahead, you see a police car pulled completely off the side of the highway;
  • You notice there is no accident or car pulled over;
  • You wonder why they have all their lights flashing;
  • You slow down to the speed limit or below as you pass the police car;
  • Suddenly the police car pulls out behind you and makes you pull over.
  • You get a $100+ ticket for a traffic law you never knew about.

I never knew the specifics of this law, but I intuitively moved over to the next lane when passing a police traffic stop, accident, or other mishap, and slowed to the speed limit when I was going faster.

The trap is when you STAY IN THE RIGHT LANE.  That’s right, the rules for passing an authorized emergency vehicle with lights flashing require you to move to the next lane to the left, or slow to 20 MPH below the posted speed.

I have no problem with this law where and accident or traffic stop is in progress.  My problem is when there is no reason for the vehicle to be stopped there except to fine motorists.

Why would a police car be parked, flashing lights on, beside the road, with a radar gun pointed out the window?  If this were incidental, don’t you think the officer would issue a warning to an unsuspecting driver going the speed limit or slightly below?  The real reason appears to be money.

To me this is a scurrilous abuse of power.  Until or unless this is remedied, do not fall into the trap.

FYI:  Texas Transportation Code § 545.157.

(a) This section applies only to the following vehicles:

(1) a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702;(

2) a stationary tow truck using equipment authorized by Section 547.305(d); and

(3) a Texas Department of Transportation vehicle not separated from the roadway by a traffic control channelizing device and using visual signals that comply with the standards and specifications adopted under Section 547.105.

(b) On approaching a vehicle described by Subsection (a), an operator, unless otherwise directed by a police officer, shall:

(1) vacate the lane closest to the vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle; or

(2) slow to a speed not to exceed:

(A) 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more; or

(B) five miles per hour when the posted speed limit is less than 25 miles per hour.

(c) A violation of this section is:

(1) a misdemeanor punishable under Section 542.401;

(2) a misdemeanor punishable by a fine of $500 if the violation results in property damage; or

(3) a Class B misdemeanor if the violation results in bodily injury.

(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code or the Penal Code, the actor may be prosecuted under either section or under both sections.

(e) In this section:

(1) “Tow truck” means a vehicle that:

(A) has been issued a permit under Subchapter C, Chapter 2308, Occupations Code; and

(B) is operated by a person licensed under Subchapter D, Chapter 2308, Occupations Code.

(2) “Traffic control channelizing device” means equipment used to warn and alert drivers of conditions created by work activities in or near the traveled way, to protect workers in a temporary traffic control zone, and to guide drivers and pedestrians safely.  The term includes a traffic cone, tubular marker, vertical panel, drum, barricade, temporary raised island, concrete or cable barrier, guardrail, or channelizer.

Is the FBI One Person? – A New Director Will Carry the Baton

I am no staff opinion writer for the Washington Post, but all the squabble over Comey’s firing dazzles me.  Was Comey the only person investigating?  Who is running the store now?  Nobody?  Isn’t the FBI still investigating?  The FBI is not one person, is it?

Will the new director or deputy director stop the investigation?  At best, changing directors or putting his deputy in charge is a very temporary delay.  Won’t Comey’s backup or replacement take the reins?  I am no lawyer, but passing the baton is not the same as stopping the race.

Doesn’t an obstruction block the way?  I do not see anything stopping.  Isn’t the point of all these inquiries to find the facts?  Don’t we really want the results?

As to Sessions’ actions, why don’t we see what he was asked regarding Mr. Comey?  Just as Comey was not the FBI, Comey’s dismissal was not dismissal of the FBI investigation.

Re the recusal:  No attorney general could operate within the critics’ broad theory that Sessions’ recusal of matters relating to the investigation, includes matters relating to anyone in the FBI.  I guess the Justice Department could add all sorts of knotty issues to the newly appointed special counsel’s agenda, conjoining the various conspiracy theories.  That way Robert Mueller’s name can fill the newsways for a while.

What I detect is a strong appetite for the process, per se.  The news media have a voracious appetite for spectacular “content.”  What good are results versus chances to publicly speculate, ruminate, accuse, and read minds?  Who could pass up  opportunities to castigate, lambast, and assassinate national reputations? – oh dear, the excitement, my heart, I think I’ve got the “vapuz.”

Swamp Thing – Voters Witness Their Betrayal

If you voted for President Trump this November, the Republicans in Congress are betraying you.  The Representatives in the House are not representing you, and the Senators are subverting your revolution.  For the first time in decades, they have the reins of power.  Instead of working together to get things straight, they are hobbling the direct, clear reforms you voted for.

The denizens of the Swamp cleverly disguise themselves as cohorts of “the people” during the election.  Yet, as the days pass, and the pages turn, they throw off their masks and camouflage, to reveal themselves as opponents of your wishes, creatures of the same old “Black Lagoon.”

In 2016, America, so tired of being oppressed by twenty percent of our citizens, finally stands up and says “enough.”  Citizens show up in droves and vote to end the politically correct, power broker era; but they do not get what they bargained for.  Instead, they get lip service to transformation, and business as usual.

It seems they are as naïve as the characters in horror movies; they think their hero kills the creature, but here it is as vicious as ever.  They think their only enemies are their obvious enemies, and their allies are their allies.  They are so wrong.  Instead, they learn that their enemies are still their enemies, and their “allies” are out for themselves.  They have no allies; they are abandoned to the voracious creatures who hide in plain sight.  How can we call them cynical, when the truth bears them out?

Those smarmy liars and deceivers who sit smugly on their thrones are thumbing their noses at the plebiscite.  They stymie the movement President Trump champions; they quibble and dribble away opportunities that have waited decades for fruition.

GOP stands for “Got Our Power.”  They need to hear that we see them for what they really are:  cowardly traitors, dreading social media.  Harsh?  What do we call those who subvert their nation for any other reasons?  In this era of virtual lynching, real heroes shun the battle for leadership.  Why?  Because it is suicide to try to lead an army of disloyal, reticent, malingering, uncommitted political egos into real moral combat.  They will not represent the bulk of America; they refuse to restrain the unremitting, minority’s demands on the majority.

Do not believe what they say or what they say they do – challenge or replace them.  Now is time for real revolution.

 

Do Americans Really Want Economic Equality? – Not Beyond Our Borders

So much anger and angst about “Inequality” fills the American press without suggesting solutions.  Do they propose taking from the wealthy and handing it to the poor?  Just what do they want?

Do Americans really want economic equality, considering the vast economic differences in the world’s economies?  How about economic equality with the 10 poorest countries in the world?

  • Malawi: (pop 16 million, GDP per capita of $226.50)
  • Burundi: (pop 12 million, GDP per capita of $267.10)
  • Central African Republic: (pop 5 million, GDP per capita of $333.20)
  • Niger: (pop 21 million, GDP per capita of $415.40)
  • Liberia: (pop 5 million, GDP per capita of $454.30)
  • Madagascar: (pop 20 million, GDP per capita of $463.00)
  • Democratic Republic of the Congo: (pop 77 million, GDP per capita of $484.20)
  • The Gambia: (pop 2 million, GDP per capita of $488.60)
  • Ethiopia: (pop 104 million, GDP per capita of $505.00)
  • Guinea: (pop 12 million, GDP per capita of $523.10)
 http://gazettereview.com/2016/06/top-10-poorest-countries-world/

United States (pop 300 million, GDP per capita of $51,638.10)

How much of your lifestyle would it take to “level the playing field with these 274 million African people who average $460 per year?Are you ready to make your contribution?

I do not think so.  It seems that the perceptions of difference limited to Americans are much more important to the critics than broader global realities.  This way of thinking of the world in discreet nations is automatic for most people.  We blithely ignore the fact that America is near the top of the economic “food chain” when we cry “inequality.”  Even the TV weather seems to stop at our borders.  But money does not.

The internet and international trade have dissolved the economic borders of nations.  People can buy and sell goods and services among the countries of the world with fewer restrictions and barriers.  Countries with lower cost labor compete with businesses in countries where wages and costs are much higher.  Globalization has revealed the world’s true economic inequalities.

American workers were paid well to operate factories and do skilled and unskilled jobs; now many are displaced by globalization, and other technological and cultural factors.  New jobs in America require different skills, and higher levels of education, knowledge, and experience.  Those who do not or cannot adapt and learn are left to compete for lower-paying jobs.

Creating financial success is not an equal opportunity phenomenon.  It tends to favor those who are born with successful parents, intellect, talent, and drive.  Globalization and technology have created business opportunities that can make people wealthy overnight, widening the wealth gap between the haves and have nots.

Where did the concept of economic equality come from?  Has any country survived and thrived under mandated economic equality?  When, in history, were people equal in anything?

In its early form, America was unique in the world to propose that citizens govern themselves with the precepts of equal civil and legal rights under our constitution and laws.  Under our system, we have equality of liberty and freedom for citizens who obey the law.  We are not promised economic equality.

The Declaration of Independence asserts that “all men are created equal.” Conceptually, we asserted this in the context of renouncing the right of a king to rule his subjects.  We were announcing that no one has a birthright to a lower or superior class or nobility in America.  Further, it reads “they are endowed by their Creator with certain unalienable Rights,” among them “Life, Liberty and the pursuit of Happiness.”  We were not announcing anything beyond natural rights to life, liberty (from overreaching, arbitrary laws and rules of monarchs), and the pursuit of happiness.  We were not announcing redistribution of wealth, or handicapping the blessed.

Humans are born different and unequal in almost every aspect of being, including intellect, strength, size, eyesight, and other things that allow them to operate successfully in the world.  The fact is, people are never equal; that is what makes them unique.

 

Care Denial – The Truth About Health Care “Coverage”

Much talk about insuring people for health care needs.  The giant bedpan in the room is availability.  What good is having Medicare, Medicaid, exchange plans, if you cannot find a doctor for hundreds of miles who will accept your provider’s coverage?  Just look.

The pundits talk about providing millions of people “access” to healthcare; however, they cannot explain why many of the “covered” still do what they did when they had no insurance, go the emergency room of the public hospital known to be the one that cannot turn them down.

Health insurers specify what they will cover and what the insured must pay, in terms of dollars and percentages.  What they do not spell out, is the amounts they are willing to pay the doctors and hospitals for various treatments.  The doctors and hospitals that are willing to accept the insurer’s terms are added to a “network.”  If the insured uses these doctors and hospitals, “in network,” the patient pays less; “out-of-network” providers, the insured pays much more.

Medicare, and the related private insurance plans are shunned by many healthcare providers because of the intense complexity of coding rules, poorer reimbursement rates, and 6-month slow-pay of claims.  I cannot blame them for wanting the easiest, most profitable patients, but look at what that does to retirees:  it shoves them into the offices of the newest, least experienced doctors, who do not have privileges at the best hospitals.

Another specious barrier doctors erect is “not accepting new patients.”  If that is true, why do they prominently promote their doctors, facilities, and services?  Why do they list the insurance plans they accept, on fancy websites?  What do they do when patients get well, move, change, outgrow their need, or die?  Who takes their places?  Are there waiting lists?  This policy seems wildly inconsistent, and dubious to me.

Today’s labyrinth of laws, maze of insurance coverages, intricacies of medical practice, incorporation of hospitals, vast array of medical devices, tests, and procedures, and incomprehensible myriads of drugs and medicines, are the starting point of future choices.  The concept of choosing your doctors, clinics, and hospitals still appeals to me.  If all health insurance policies must meet some minimum standards of coverage, why should health providers exclude any of them?

We have a historic opportunity to put features into the fabric of healthcare; the federal government has more incentives and flexibility to “get it right” as they formulate new laws.  Why not pass a new law called “The Available Care Act?”  If you accept anything except cash for medical services or goods, you accept the coverage of any patient who walks in your door.

 

Town Hell Meeting – Public Political Pillory

You read it right, “Town Hell Meeting;” the town hall meeting is the latest casualty in the left’s war on winners; turning plowshares into swords.  Politicians and public figures are targets of a recent tactic by their political enemies – “Public Political Pillories.”

Pillories were used to humiliate and torture people who were guilty of malfeasance, breaking taboos, or committing sins.  The pillory was usually a hinged wooden device, attached to a post; it held the head and hands of the subject locked in place.  The pillory was placed in the most public area of a town or village to get maximum exposure.

john_waller_in_pilloryCourtesy of Wikipedia

Once a person was placed in the pillory, they received no food or water; there were no bathroom breaks; the public was free to scorn, humiliate, & pelt them with organic and inorganic matter, sometimes killing them.

Today, vicious partisans employ a new form of pillory – the televised, town-hall ambush. Traditionally, town hall meetings were community gatherings, bringing together all the local citizens to discuss matters of public, common interest.  Yes, people discussed important topics using Robert’s Rules of Order.  http://www.robertsrules.org

The modern version has neither good intentions, decorum, nor civility.  Innocence plays no part in the deployment of this weapon.  Now, it is a form of political ambush.  Only foolish office holders attend public town hall meetings that are “public media pillories” in disguise.

The process goes like this:  Opposition partisans invite public figures saying, “we want to talk to you in an open forum,” when they really mean, “we want you to sponsor a media-covered, public event, where we will hound, berate, criticize, insult, accuse, interrupt, scream invectives, and attack you personally, without allowing you to express ideas, answer questions, or even be heard.”

Only the brave or the foolhardy accept their cleverly encoded, poison-pen invitation.  If you decline, they cast you as non-transparent, and postulate what you could be hiding.  If you accept, you find yourself trapped on a stage, with a microphone.  You are greeted by a standing- room-only crowd.  You are surrounded, not by a cross-section of the community, but by a cohort of angry enemies; some are not even members of the local community.

The hounds are loosed, the cameras capture the mayhem, and the air is filled with posters, chants, rants, and pithy aphorisms.  At some point, you shrug and walk off the stage, having only introduced yourself and thanked the people for “coming out.”

You may think it is over because you survived with all your body parts.  Alas, the torture has just begun; the editing and augmenting begin.

Before and after the meeting, the “reporters” identify photogenic, outraged attendees, recently-ousted office holders, and bussed-in opposition pundits.  They script interviews with everyone and anyone who hates you, and “the horse you rode in on.”  They use snippets and sound bites to punctuate the later broadcasts with righteous indignation, and proud assertions of having done a public good.

The masterful image-smiths design a “storyboard,” and use video tape, & sound bites to fulfill it.  When they are done, the town-hall meeting is a victory of good over evil at Armageddon.  They tailor the context, emphasize “talking points” to meet “breaking news” standards; they include hints that support the opposition, bolster conspiracy theories, and not so subtlety, deride your credibility as a public figure.

If you get invited to lead a “town hall” meeting, think “abattoir,” a spider’s parlor.  This use of the media has eliminated its community value, and weaponized its destructive power.