Baldwin and Brady

With all the chaos and craziness that happened during the Baldwin Involuntary Manslaughter with a Firearm case, I need to jot my thoughts down and try to make sense of the senseless.

First, let me write out what Alec Baldwin was charged with.  According to the document online, Alec Baldwin was charged with 1 count of involuntary manslaughter (negligent use of a firearm).  In the document, there is an alternative charge which was involuntary manslaughter (without due caution or circumspection).  For the first part, "the defendant did cause the death of Halyna Hutchins in the commission of Negligent Use of a Firearm, an unlawful act, which did not amount to a felony".  For the alternative, "the defendant did cause the death of Halyna Hutchins by an act committed with total disregard or indifference for the safety of others, and the act was such that an ordinary person would anticipate that death might occur under the circumstances".

According to New Mexico's involuntary manslaughter statute, involuntary manslaughter is a killing which occurs under any of the following circumstances:

* While committing a crime which does not amount to a felony
* While acting in a reckless manner which may cause the death or another person
* While committing any other act which may cause the death of another person in an unlawful manner

Negligent use of a deadly weapon consists of:

1. discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
2. carrying a firearm while under the influence of an intoxicant or narcotic;
3. endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
4. discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

"Negligent" defined. — "Negligent" means omitting to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do

According to the same resource, the defense for this charge is the death was an accident and the person was not acting in a reckless manner or with criminal negligence.

Now, the case was dismissed with prejudice by the judge because of an alleged Brady violation.

So, now we have to define what is a Brady violation which, according to the Cornell Law School website, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense. Brady material, or the evidence the prosecutor is required to disclose under this rule, includes any information favorable to the accused which may reduce a defendant's potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant’s guilt. 

The defendant bears the burden to prove that any withheld information was both material and favorable. A defendant meets this burden if they can show that there is a reasonable probability that the outcome of the trial would have been different had the information been disclosed.

Next, what evidence was withheld?  It was evidence regarding live ammunition turned into the police department that had been filed under a different case number.  

Now, is this evidence relevant to the charge against Baldwin.  Per the statute, where the live ammunition came from, who put the live ammunition in the gun, when the live ammunition was put in the gun, why the live ammunition was put in the gun, and how the live ammunition was put in the gun are irrelevant facts.  There is no defense that would be strengthened using any evidence pertaining to the live ammunition.  Live ammunition does not say anything about the incident being an accident.  Live ammunition does not say anything about Baldwin's handling of the gun.

The live ammunition evidence is not material as laid out in the previous paragraph.  It is not favorable to the defendant, for the same reason, that it does not speak towards the handling of the gun.  It is not exculpatory for the same reason.  It does not impeach any evidence pertaining to the involuntary manslaughter since the primary evidence for the involuntary manslaughter is Baldwin's own words from his police interview and other interviews he did along with the standard rules and regulations governing guns on a movie set, and handling guns in general, none of which was proffered by the State at the time of the ruling.  I would go as far to say that no relevant evidence had even been presented yet.  Why the State did not focus on the handling of the gun and Baldwin's knowledge about guns on a movie set rather than chase all the defense's rabbit trails is beyond me.  I really expected to hear more "Objection: Relevance" 

Honestly, the dismissal was a knee-jerk and emotional decision that did not have a thorough analysis of the matter as it relates to the charges of this case.  The judge said it was material, but did not say how it was material.  Nothing supporting the assertion was given.  It was said and everyone took it as a matter of fact.  No one has given that supporting information or even done any in-depth analysis to ask the questions.  It is being assumed that the non-disclosure was a Brady violation and I am not certain of that.  It very well could be, but I have not heard a good argument for it from a law perspective as it relates to involuntary manslaughter.  The analysis would be different for murder or voluntary manslaughter in which case the live ammunition would definitely be material evidence.

Now, putting Brady aside, what evidence could be submitted to prove involuntary manslaughter?  Did Baldwin commit an unintentional killing by acts unlawful, but not felonious, or lawful, but done in an unlawful manner, or without due caution and circumspection?

His police interview provides the answer to those questions as well as other interviews he did since the shooting.  The answer is yes, he acted recklessly and he definitely knew that it was since he stated that even blanks could possibly injure someone.  

Now then, what are the essential elements of the involuntary manslaughter case:

1. The death of a human being.

Halyna Hutchins was killed

2. The death was caused by the defendant’s act or omission.

Baldwin pointed the gun at Halyna Hutchins.  The fact she was shot proves that he did.  He can argue that he was told to do it by the director which would be something that the jury would deliberate about to see if it absolves him of the act.  I believe that was something he did say in either the George Stephanopoulos interview or police interview.

He pulled the trigger.  There were many tests performed that proves that the only way the gun will fire is if the trigger is pulled.  Baldwin says he did not pull the trigger, but this means these are two facts that a jury would deliberate about.

3. The act or omission was unlawful, but not felonious.

What are the rules of gun safety?

1. Treat every firearm as if it is loaded
2. Always point firearm in safe direction
3. Never point firearm at anything you do not intent to shoot
4. Keep finger off trigger until ready to shoot
5. Know your target and what is behind it

Baldwin broke every one of those rules.  This is at the very least negligence as defined above.  I believe that with regards to guns, if someone ignores these safety rules they are usually held accountable by law.

4. The act or omission was done without due caution and circumspection. 

Baldwin's Stephanopoulos interview and police interview should be sufficient to show that he knew how dangerous guns were and still behaved without any thought to someone being possibly injured. It could be argued that he should have checked the gun and that should be considered reckless behavior, but again, that is something a jury would deliberate on. 

Those are the facts that the jury would be debating. Nothing about the live ammunition needs to be submitted since it is irrelevant as it pertains to the elements of the involuntary manslaughter case.

I tried to connect the dots as I see them with regards to the charges and material evidence with supporting information to show that the evidence is material or that the evidence is immaterial rather than simply state that the evidence is material or immaterial.  If the bullets are material evidence, okay, then step through the reasoning that illustrates this in a logical manner.  Screaming and hollering "it's obvious that it matters" and "we don't know how the defense would use it" are not persuasive in the slightest and definitely would not work against an involuntary manslaughter charge.  That is merely a smokescreen for a weak and unsupportable position.  No one to my knowledge has done this analysis of materiality for the bullets with regards to involuntary manslaughter with the exception of Andrew Branca who has asked the questions.

All the people harping on the fact that information about the bullets was withheld is treating this like a murder trial and it just is not.  The killing was unintentional and does not rise to the level of murder or voluntary manslaughter  There is a lot of hyper-focus on prosecutorial misconduct to the point that everything is seen as a horrible miscarriage of justice, but every charge of a Brady violation should be analyzed with a rational lens and with the same presumed innocence that is afforded to the defense be given to the prosecution.  For Brady, the deference goes the other way and no involuntary manslaughter defense would be effective using information about live ammunition, therefore, while something was withheld it was not anything that actually mattered to the case.

Yes, people are entitled to a good defense, but please, defend against the right thing and do a thorough analysis, not throw up a dazzling smoke-screen and harp on irrelevant nonsense.

Resources:

New Mexico Involuntary Manslaughter statute

New Mexico Negligent Use of a Firearm statute

Cornell Law School - Brady Rule

Yosemite

The trip to Yosemite and San Jose was great, but it didn't start out that way. The flight to San Jose via Phoenix was smooth and uneventful. Upon arriving in San Jose we picked up the rental car at National, a Volkswagen Passat. Since we had been traveling for several hours, we stopped at In and Out Burger for lunch. My wife had the Double-Double and I had a regular cheeseburger. We went to Trader Joe's for food stuffs and a case of bottled water (the beef and turkey sticks were surprisingly good).

After lunch we started off to Yosemite which would take roughly 3 hours. Along the way we stopped off at the San Luis reservoir and toured the Visitor Center. I liked the virtual tour they had of the hydroelectric plant which supplies power to the facility and pumps that regulates the water in and out of the reservoir.

We continued to Yosemite and stopped at a small convenience for a drink and snacks then continued on the road which consisted mostly of open fields, farmland or ranches. 

This is where the "bump in the road" happens. At around 5:30 pm we got a flat tire so I pulled off to the side of the road to change the tire. No problem. We had the spare tire which was actually a full-sized tire, the jack and the lug wrench. I had just unloaded the spare and tools when a CHP officer pulled up to check on us. Dawn was helpful and suggested I loosen the lug nuts before jacking up the car which I knew, but didn't remember the obvious. I looked at the tire and that's when I noticed that there were security locks on all 5 of the lug nuts. Ok, no problem, my car at home has this sort of thing and all you need is the key to unlock the lug nuts. Back to the trunk to find the key, but to my surprise it wasn't there. Officer Dawn checked as well to lend another set of eyes and she didn't find it.

I called Roadside Support and explained the situation to the customer service rep. We went back and forth about what the best course of action would be. The tow truck driver could unlock the lug nuts, change the tire so we can get to Yosemite then swap the car the next day or the car could be towed. We decided on the change and next day exchange option. They scheduled a tow truck to come unlock the tire and change the spare so we could get on our way. I got a link to check the progress on a website, ETA 90 minutes. So, all that was left was to wait for the tow truck to arrive and Officer Dawn left. 

Fast forward 2 hours, the ETA came and went so I called Roadside Support to get an update. The tow company cancelled the request and did not contact anyone so we had to wait for the CS rep to request another tow truck.

At around 8:15 pm, Officer Dawn returned and stopped to check since we were still on the side of the road. By this time my wife needed to use the restroom and had been considering the options available out in the middle of nowhere, none of which were very appealing. Officer Dawn offered to take her to Mariposa which was only 10 minutes away and we took her up on the offer. She went to the Best Western and Kaitlyn was very accommodating and helpful. 

After my wife left, I sat in the car to wait for the tow truck to arrive which was supposed to be 90 minutes. I loaded the website again to track the progress of the tow truck. It was dark by this time and I decided to set up my tripod and smart phone to take some nighttime pics of the night sky. The display of stars was fantastic and I hadn't seen anything like it since camping in Waianae with the family many years ago. After setting up the camera I went back to the car to turn off the hazards temporarily and discovered the doors were locked. Somehow I locked the keys in the car. Seriously?!?

Nothing to do except wait so I took a few pics of the nighttime sky which is what I intended to do before being a bonehead and locking the keys in the car. After another 2 hours, I received a call from Roadside Service to tell me the second request was cancelled. I didn't catch exactly what the reason was except that it had something to do with covid. At this point I didn't care in the slightest. I was tired. I was cold. I have not even encountered the stupid disease at all during the past 2 1/2 years. But, noooooo, cancel and leave me stuck in the middle of nowhere, literally.

More waiting as Roadside Service tried to find a tow company that could get to me. While I'm waiting, CHP pulls up to check. Officer Dawn spoke to a couple of officers before going off shift so they were aware of my situation. I let them know that I was waiting for Roadside Service to get back to me and that they were working on getting a tow truck.

In the meantime, my wife was still at the Best Western Mariposa and worried for obvious reasons. I texted updates to try and ease her fears and concerns. Kaitlyn helped to arrange a room at a discount since it was increasingly unlikely we would make it to Yosemite that night. She also worked with Booking.com to switch our check-in from Tuesday to Wednesday. Kaitlyn tried to help with the tow by calling around to see if anyone could get out to the location.

I contacted a couple of tow companies on my own while waiting since I had nothing better to do. The one company I was able to contact didn't have any drivers available and I couldn't get a hold of any of the other tow companies. Sitting on the hood of the car, I decided to wait for Roadside Service to get back to me since I didn't want to use up the battery power I had left in my phone.

Finally, Roadside Service called to let me know they could schedule a tow truck to respond, but they were in Merced. That was 45 minutes away so it would take between 45 - 60 minutes to arrive. I said do it since I had no other options at that point. Service request number 3 loaded up on the website which said ETA 45 minutes. The driver called me to confirm my location and I was quite happy to provide any details he needed.

My phone battery was down to 3% by this point and drains quickly when it gets to that level so I did what I could to conserve the remaining power. I checked my watch periodically to track the progress until 45 minutes passed. I looked at the website to see what the progress was and it said Arrival in Progress. The minutes continued to tick by and time sure passes slowly when you are aware of every second. I looked down at my phone and it didn't turn on. Obviously, the battery was drained. So, I plopped myself on the hood of the car and waited.

I ignored the lights that illuminated the area since too many times over the many hours it was a passing vehicle rather than the expected tow truck. However, this time I was very pleasantly surprised when the truck pulled off to the side of the road and slowly backed up towards me.

Gabriel from American Towing showed up a little after 2 am and said "Bet you're glad to see me". I said, "You have no idea." He proceeded to unlock the car and I fetched the keys from the cupholder between the driver and passenger seats as well as my jacket which never felt so good to put on. It only took a few minutes for him to load the car onto the bed of the tow truck then we were on our way. 

We had a good conversation during the short drive and he dropped me off at the Best Western then unloaded the car which I would have to exchange in Oakhurst later that morning. My wife was relieved to say the least and I unloaded our stuff into the room we had for the rest of the night.

And so ends the opening act of the drama that was our flat tire on the way to Yosemite.

Happy New Year 2022!

Another year fades into the past and another year explodes on the scene though more so in some areas than others.  The weather has been extremely wet and it stormed over the weekend, but that did not deter the pyromaniacs from shooting off the aerial fireworks like crazy.  I can't really condemn them since I lit up those things back in the day (though the kinds we set off weren't nearly in the same category as the ones these days).

I spent New Years Eve in the movie theater watching Spider-man: No Way Home (arguably the best movie of 2022).  It was dry, I had my lined, waterproof jacket and was with friends.  Watching a movie in the theaters started a few years back with the Star Wars sequels then the Marvel movies when there was no Star Wars movie that year. 

The weather is still very wet but the new year will be a good one.  I'm claiming that right now.

ONLY Han shot plus Greedo was really stupid

I think about this subject from time to time and chuckle at the various "discussions" especially the "Han Shot First" memes.  In reality, the accurate phrase should be "Only Han Shot" or "Greedo Was Stupid".  Here are the points to prove my assertion:

1. Greedo prevents Han from leaving the cantina at gun point

2. Greedo does not disarm Han

3. Greedo directs Han to sit in a booth and keeps the gun trained on Han

4. Han slouches in his seat and assumes a relaxed posture, concealing his gun below the table

5. Conversation between Greedo and Han continues.  Greedo keeps the gun trained on Han.  Han looks up and to the left while speaking as well as moves left hand idly to distract from right hand motion.

6. Han releases gun from holster and draws the gun below the table

7. Greedo makes statement indicating he is about to kill Han ("That's the idea. I've been looking forward to this for a long time." in response to Han saying "Over my dead body")

8. Han fires and kills Greedo

Mistake #1: Point 2

Mistake #2: Point 4

Mistake #3: Point 6

Only Han shot AND Greedo was stupid 

(QED)

"Change the law" argument

Changing the law should not be the go to answer to society's problems.  This ignores the personal responsibility everyone should have.  Reduce prison populations and adjust sentencing simply because demographic group A, B or C is disproportionately represented (as many people argue) is a horrible idea and does not address the underlying problem. The only question that should be asked is if the law is in line with the Constitution. Any considerations beyond that should come after the behavior of demographic group A, B or C is evaluated.

In other words, to quote Jim Carrey from Liar, Liar, "Stop breaking the law, @$$hole!"

So much uproar recently

So many high-profile cases have dropped all at once, some overlapping each other.  In one that has so many very intelligent people on different sides of the issue, it is very interesting to evaluate the perspectives as a way to see how someone views other issues.

This shooting in Lubbock, TX, between Kyle Carruth and Chad Reid is as clear as mud depending on who is doing the explanation.  I was watching VivaFrei's sidebar with Andrew Branca and Robert Barnes and it was interesting seeing the differing points of view.  There were good points made on both sides of the discussion.

To address what Andrew was saying, which was not an unreasonable assessment; I don't believe that it's reasonable to think that the encounter was over when Kyle was tossed off the porch, and Chad was feet away (6, 8, 10, it doesn't ultimately matter) when viewing all the various parts of the encounter as a whole. This is where much of the disagreement occurs for this case. 

If Kyle had not fired when he did there was a very good possibility (I would argue it was a certainty based on what happened up to this point) that Chad would have charged Kyle again to take the gun away and use it on Kyle or simply beat Kyle, possibly to death. What Kyle believed at the time is what matters rather than our assessment after the fact. Here are the relevant things I see when watching the videos.

• Kyle was entitled to produce his gun and demand Chad leave since he did not comply the first time he was told to leave. Bringing out a gun on your own property is legal in Texas. Kyle does not brandish it or use it in a threatening way. He holds it at high ready when he emerges and demands that Chad leave.
• Chad escalated the situation by not leaving and threatened to take the gun and kill Kyle while Chad charged up to Kyle.
• Kyle fired a warning shot which appeared to be an attempt to de-escalate and make Chad back off which we see did not work. This could be an indication of an initial unwillingness to kill, but that feeling changes later.
• Chad escalated the situation by grabbing the gun and tossed Kyle off the porch while failing to obtain the gun in the process.  It is entirely possible Kyle had an "Oh sh**!" moment while flying through the air and became afraid for his life.
• When Kyle fired, he was landing from the toss and regaining his footing. It appeared to be the first opportunity for a clean shot and prevent Chad from continuing the encounter, i.e., neutralize the threat.
• Chad, at every chance, indicated he was going to continue the encounter if he had the chance in which case, it is reasonable to believe Kyle was in fear of his life.

TL; DR 

Chad threatened to drag everyone into court before Kyle appeared with the gun. Why didn't he storm off and follow through with that? Of course, this tragedy didn't have to happen, but it did because someone didn't control himself.

Creeping Tyranny

It started out as "2 weeks to flatten the curve".  I held out hope until 3/30/2020 that I could go on my Disneyland trip during the first week of April.  No such luck.  Too bad, so sad.  Frankly, I was annoyed and irritated back then, now there is a bubbling anger that has a lid on it.

18 months later, things are still stupid to a ridiculous degree.  Can't go inside a business without a mask, no matter that it does about as much good as a chain link fence does to keep out mosquitos.  Talking about a shot like it is God's gift to the world in spite of no where near the level of scrutiny has been given to it that other shots have been given.  I refuse to call it a vaccine because it is not.  It does not grant immunity and it does not prevent transmission.  Two things that were said that it did, but it turns out does no such thing.  Companies have been sued for less.  And they are talking about boosters?  After 3 months?  Have fun with your quarterly booster.

"Trust the science" is repeated ad nauseum except when anyone points out actual science, then it's "just do what you're told".  The data is all there for anyone to see.  Some have even compiled it into easy to read formats, but the raw data is also available.  This is not the plague or zombie apocalypse.  When a disease has an average mortality age higher than the average lifespan on has to wonder ... Dubya Tee Eff.

Honestly, the 2020s will be known as the decade of the dumbass because that is the kind of person in charge and walking around with their head up their hind-side (presumably for the warmth)

Seriously, though, where does it end because the last time stuff like this crap came about there were some countries capable of stopping it (and it got pretty bad before it did get stopped), but now ... there isn't anyone to stop the tyranny.

Unsettling perspective

 I'm not sure why I was thinking about the seven deadly sins, but I have been off and on for the past year and a half during this "pandemic".  It seems to be more and more prevalent these days among people and it doesn't seem like people believe there is anything wrong with it..

Pride – everything is about self 

• Social media has exacerbated this to the nth degree especially with young people (ugh, never thought I'd use that phrase)

Envy – it’s not fair; x group has more stuff, x group has better things 

• You see this with political correctness and "woke" mentality.  It isn't about equity which is equal outcome.  It is about equality which is equal opportunity

Wrath – if you don’t like it, protest it, boycott it, destroy it 

• Antifa, BLM, fill in the blank group that excuses bad behavior and lashing out.  They solve nothing and only serve to hurt people and destroy property.  No one is left in a better position.

Sloth – how can I get something for nothing?  how can I excuse being lazy? 

• There is nothing wrong with trying to get more done with less effort.  I would argue that it is smart to be efficient, but this is trying to make doing nothing appear to be accomplishing something

Greed – I deserve this, I deserve that; outsource charity to the government 

• The entitlement mentality does so much damage to a person.  It saps their productivity, their creativity and charity

Gluttony – how can I get more?  food, property, liberty 

• This is an unfortunate result of an age of abundance where scarcity is not widely known.  It does not mean that it does not exist, but even the most poor in the US is close to wealthy in other parts of the world.

Lust – nuff said 

That being said, what can be done to "combat" the seven deadly sins.  Well, there are seven virtues that go against the sins

Humility cures Pride  

Kindness cures Envy  

Patience cures Wrath  

Diligence cures Sloth  

Liberality cures Greed  

Diligence cures Gluttony  

Chastity cures Lust  

Whether or not these are entirely relevant or not remains to be seen, but thinking about the seven deadly sins in the course of contemplating big decisions would go a long way to bettering the outcome

Restoring nerddom

With all the rubbish going on in the world, I felt the need to write something fairly inconsequential in the grand scheme and fun.

There was a Big Bang Theory episode where Amy "ruins" Raiders of the Lost Ark for Sheldon and the rest.  She said that Indy wasn't needed.  The nazis would have found the Ark, opened it and all died without him.  They were digging in the wrong spot, but that is only because they had an incomplete copy of the medallion.  

The flaw in her argument is that the man in black, Toht, followed Indy to Marion.  If Indy did not go to her, they would not have found the medallion in order to locate Tanis where the Ark was buried.  So, Indy was an integral component to the story.

Here we go again

For the past few months it has been delta, delta, delta when it comes to the covid-19 disease.  Now that delta is losing its oomph, they are moving on to the mu variant.  How much longer before the doom and gloom shifts to this new variant and the nonsense starts all over again?

Honestly, what is this aversion to getting sick?  There is a total irrational fear about this and a complete lack of faith in ones own immune system.  The numbers were not there when it came to the mortality rate for this thing especially when it comes to the younger.

You want to talk about selfish?  It is the old people that are the selfish ones making policy that is detrimental to the current and future health of the next generation.  I'm closer to the older side than previously, but the principle is the same.  The utter irony of this sentiment coming from someone that played hooky from school by dancing in the grey area of being sick is one that I will constantly talk about.

To all the politicians and policy makers out there ... GET A GRIP ALREADY!

Stay Safe

Over the past year and a half, perhaps longer, I have come to detest the phrase "Stay safe".  It has become the embodiment of everything wrong with what has been done, is being done and will be done during this cluster-muck of a "emergency".  For goodness sake, since when does any "emergency" last over a year.  Anything that lasts that long is not a true emergency.

Life is not safe and it is delusional to think that anyone can make it so.  No one gets out alive as the saying goes, but getting injured is a part of life.  Our bodies and mind can heal because of that fact.  Avoiding injury is the wrong way to do anything.  You end up missing out on the wonder that is being and thrills that go along with experience.  You might as well lock yourself up in your residence and live in a hermetically sealed bubble if you want to be safe.  No, fortifying your mind and attitude to deal with life and everything that comes with it is the much better way to do things.  When you think about it simply, were the nerds (and I are one of those) that studied all the time, did not go outdoors and play, and stuck to themselves end up to be the healthiest and happiest?  I would challenge anyone that says they are.  Safe, yes, they were probably very safe, but healthiest and happiest, no, they are not.

I made a conscious decision to stop using the phrase "stay safe" after thinking about the meaning of that saying is.  It is a weak saying and not something you should wish upon anyone.  It treats them like a child that is incapable of handling what life throws at them.  I rather tell people to "have a great week" or "have a great trip" as a way of setting the default to a positive expectation.

Quick thoughts

Wow, has it really been 9 months since I last posted my thoughts?  I could have had a baby in that time.  Anyway, I joined Locals to follow VivaFrei and Robert Barnes and I joined Odysee to follow Dr. Sam Bailey.  They are some sane voices in the land of absurdity that is present day existence.  

Honestly, how did things get so off the rails?  Even my normally clinically and rationally minded mom is sort of on board the crazy train.

More Lunacy

One year wasted ... honestly, it was a complete waste and now with the advent of a vaccine people think it is a magic bullet that will solve the entire situation in the blink of an eye.  Yeah, how well has that worked in the past.  How many people STILL do not get the flu vaccine?  And when it rushing a vaccine a good idea?  When is rushing anything medical a good idea?  Thank you, but no thank you.  I have not been sick for any reason at all so I am not in any rush to take it.  Let everyone else be the human trial subjects.

The fact that there has been no meaningful evaluation of the measures being taken shows how worthless it all has been; how much of a waste of time.  Also, the lack of consistency in the policies calls into question their validity.  I say it again.  When has any of this idiocy been done in the history of humanity?  To quote Dr. Leonard McCoy, "We're dealing with medievalism ... "

The stupidity continues

Honestly, the people in charge in Hawaii don't have a clue. They can't even define a goal that's reasonable and achievable.  "Stop the spread"?  What the heck kind of goal is that?  It started out as "don't overwhelm the healthcare facilities" which is not an unreasonable goal, but they were never in any danger of being overwhelmed and are still not in any danger.  Sure, the number of cases (and what the heck is the definition of a case anyway?  Does anyone know?) is rising quickly, but the number of hospitalizations and deaths is not.  Those rates are relatively flat and manageable, so what in the name of all that is holy are we still doing to ourselves.

I feel like the last sane person in the State of Hawaii.  I'm not really sure why I find this whole mask debacle so patently offensive.  It galls me way more than the ridiculous airport policies that were put in to deal with stuff in the aftermath of 9/11 which is a faded memory for many people unfortunately, however, I still doubt the effectiveness or necessity of such measures.

Analysis of the policies is what is missing and what should done.  What worked, what didn't work, what can be done to change what didn't work into what does work.  Those are the things that need to be addressed after a certain amount of time, and 3-6 months of the latest policies I think is a sufficient amount of time to say whether or not any of it was worth doing.  But, no, the State government is incompetent and thinks that if they do more of something that doesn't work it'll eventually work, damn the consequences and who it screws over.

Life is not safe.  Life is unpredictable. Stuff happens that is beyond our control and you deal with it the best you can.  This obsessively unreasonable attitude people have about getting sick is beyond my comprehension.  What people are doing now is not living.  We are in the most beautiful place in the world and people are so damn scared of getting sick they can't enjoy it and live their lives.

What in the name of all that is holy are we doing to ourselves?

I found a really cool website that has all the covid data for Hawaii that you can download in a number of different ways.  I pulled the fatalities, active cases, cumulative total and hospitalizations, then graphed the in one chart.

https://www.hipam.org/forecast

The fatalities is pretty much a flat line.  Hawaii has 27 fatalities as of 8/4/2020, and at least 21 of those are over 65.  The hospitalized number is pretty much a flat line as well.  Hawaii broke 200 hospitalized, but I don't know if those are concurrent or not.

From what the graph shows, Hawaii is now experiencing its first wave.  All the people in charge did was postpone it until now.  Way to go.

Honestly, WHAT THE HECK ARE PEOPLE FREAKING OUT ABOUT?!?!  We had more traffic fatalities in 2019 than covid deaths.  Are we all supposed to stop driving now?  Instead of trying to alleviate the public fear and get things back towards normalcy, the powers that be are just keeping the fear porn hot and heavy.

Hawaii's Lt. Governor proposed locking the state down because the numbers are spiking.  All I have to say to him is, "You rat bastard."

3 Day Juice Cleanse

So I agreed to do a 3-day juice cleanse with my wife to support her.  She participated with me when I did the Ornish program a few years back so it seemed only fair.  Eating normal meals when she is only drinking juice seems mean on top of not being fair.  Granted the cleanse is entirely voluntary, but regardless of that, the "unfairness" perception and feeling is still real.

Anyway, this post will journal the 3-days since I'm pretty sure I'll forget how I felt.

7/13/2020 8:30 AM - Day 1, Juice bottle #1
This one was like drinking almond milk and that makes sense since the main ingredient was almond milk.  It wasn't overly sweet and nutty in flavor.

7/13/2020 10:50 AM - Day 1, Juice bottle #2
This one was perplexing.  It had a strong apple flavor, but other flavors mixed in that I can't place hence the "perplexing" word.  It wasn't bad, but it makes me ponder.  30 minutes later I'm burping cucumber.

7/13/2020 12:50 PM - Day 1, Juice bottle #3
This is another one that makes me go "huh ... that was interesting".  I could taste the apple and maybe the ginger, but couldn't taste the carrot and kale which is probably good considering the second (I'm not a kale fan).  Not feeling any caffeine withdrawal symptoms which I'm thankful for.  Still so far, so good.

7/13/2020 3:40 PM - Day 1, Juice bottle #4
This one is a repeat of juice #2, but this time the "spice" was more noticeable.  I'm still "perplexed" by the taste, but still in the middle of the road with regards to judgement.  I don't dislike it, but don't exactly like it either.

7/13/2020 5:45 PM - Day 1, Juice bottle #5
This one I liked.  It was what I would expect when I hear the word "juice".  Apple, pineapple, and lemon with some mint.  It wasn't overly sweet either, though, I wouldn't have minded it being sweeter.

7/13/2020 8:00 PM - Day 1, Juice bottle #6
This one I liked, too, but not as much as the more fruity bottle #5.  It was a good chocolate shake type drink; not too sweet and not too thick.  I would put this one in the 2nd place slot if I had to rank these juices.

7/14/2020 9:30 AM - Day 2, Juice bottle #1
Today this one seemed a little thicker, but that could be because I shook the bottle a little longer before drinking.  This one is my third favorite one so far and a good way to start the day.

7/14/2020 11:30 AM - Day 2, Juice bottle #2
I could taste the cucumber more this time, but it wasn't very strong, mostly noticeable.  I burped cucumber again and the word "perplexing" is still appropriate.

7/14/2020 2:00 PM - Day 2, Juice bottle #3
I liked this bottle better today than yesterday.  I don't know if it's because I liked the taste more or was hungry.  This one is #4 in my list of juices in this cleanse.

7/14/2020 4:00 PM - Day 2, Juice bottle #4
I didn't particularly like this one today.  I definitely tasted the cucumber and the ginger was very strong.  I gulped it down as fast as I could so I wouldn't taste it as much and get it over with.  Definitely my least favorite of the juices.

7/14/2020 6:00 PM - Day 2, Juice bottle #5
My favorite one hands down.  This one definitely good to end the day on and what I think about when talking about juicing.  Drank this one quickly, too, like the previous juice, but quickly because I really like the taste.

7/14/2020 8:00 PM  - Day 2, Juice bottle #6
Nice way to end the day.  I do enjoy a chocolate milkshake at the end.  It makes the entire day of other juices turnout good.  Yes, it's not really a chocolate shake, but it's close enough to it for me.

7/15/2020 8:00 AM - Day 3, Juice bottle #1
Last day of juices.  I have to say I haven't been dreading the juices like I thought I would.  I'm not looking forward to it per se, but there's not feeling of dread or anxiety with the juices.

7/15/2020 10:00 AM - Day 3, Juice bottle #2
I have to admit I felt some anticipation with this one, in a good way, probably because I know it's the last day and this is the second to the last green juice I have to drink.  It actually isn't too bad, but I still wouldn't say I like it.

7/15/2020 12:00 PM - Day 3, Juice bottle #3
I have to say I decided I like this one rather than just be neutral.  It's drinking carrot juice for the most part and I went past the "got used to it" stage into the "I guess I kinda like it" stage.  Not looking forward to the next one, though.

7/15/2020 2:00 PM - Day 3, Juice bottle #4
It's official, I don't like this particular one.  I think it's the ginger that's included in this juice that I don't like.  Actually, it's the burping cucumber that I really don't like.  *laugh*

7/15/2020 4:15 PM - Day 3, Juice bottle #5
I'm taking my time drinking this one, my favorite one.  I noticed a little bit of tang this time, but that's probably because I'm savoring it.  The other days I drank it quickly because it tasted really good.  Funny how that means I'm always gulping down the juice ... if I don't like the taste it's because I want to get it over with, but if I like the taste it's because I'm wolfing it down.  Well, at least this time I'm taking my time a little bit to enjoy the juice.

7/15/2020 6:30 PM - Day 3, Juice bottle #6
It's chocolate milk time.   It's not really, but it sure tastes like it and I'm enjoying it.  Well, it actually is when I think about it.  Chocolate flavored almond milk is chocolate milk even though it's not regular milk.  This is the last of the juices in this 3-day cleanse and quite a nice way to finish.

Take away
It wasn't a bad experience and I dropped a few pounds, though I didn't really do this for any kind of weight loss.  That loss could very well be water loss which is just fine, too.  It does give me a place to start to get on a portion control habit; not eating until I'm full or sick, but just enough to be comfortable.  Basically, stop eating before I get full and don't go back for seconds or thirds.  No more Hobbit style eating for me.

Thoughts on July 4th

I have to admit that I haven't read up on important figures from American history beyond the most well known ones.  I don't remember when I started reading the Declaration of Independence and Constitution (this one takes a while to get through) along with the Bill of Rights, but this year I started looking at speeches that people made on or about the 4th of July.

I listened to Dr. Martin Luther King, Jr.'s July 4th, 1965 speech

I listened to Frederick Douglas' July 5, 1852 speech

I listened to Calvin Coolidge's July 4, 1926 speech


Dr. King called for having the right attitude as we move into the future and denounced any race to be raised above any other.  He said he was convinced that black supremacy was as dangerous as white supremacy.  He did not want one tyranny to be replaced with another.

These speeches talked about the greatness of the American Dream and how much good this country has done.  Of course Frederick Douglas denounced slavery because it was an evil injustice, but one that was taken are of.  He also praised the Founding Fathers for the ideals they had and the direction he wanted things to go.

I admit that I never paid much attention to Calvin Coolidge, but after hearing and reading his speech on the 150th anniversary of the Declaration of Independence I have a new understanding and appreciation for our 30th President and the wisdom he had.

Every year brings new knowledge and every year brings new appreciation for this great country.  Yes, there were problems in the beginning, but I challenge anyone to show me a country that had a perfect start.  A country that starts out perfect only has downhill to go.  The United States of America is not great in and of itself and it is not perfect.  The United States of America is great because of the ideals that were instilled in its creation and the mechanism it has to improve and grow.  And it does grow and mature and improve as long as it remembers its history and those ideals

How to Reduce Fear & Anxiety About Disease & Death

Found these steps on the Psychology Today website and I thought they were pretty good (from a non-theist point of view)

10 Tips for Reducing Health Fears.

1. Understand that fear sells and you're being manipulated.
2. Assess the real risk.
3. Shield yourself from the media.
4. Meditate.
5. Tap into your inner knowing.
6. Dissociate from your fear.
7. Push the limits of your comfort zone.
8. Affirm your courage
9. Surround yourself with courageous people
10. Trust the Universe (God from a Christian perspective)

Source: How to Reduce Fear & Anxiety About Disease & Death

The sad truth is that too many people are operating on fear and blindly taking in all the fear-mongering from social media, print media and the like.  We really need to stop, take a step back, look at all the things we still have and be grateful.  Think about the real issues and analyze facts to make decisions, not feelings.

I am not a germaphobic, hypochondriacal child

Wearing a mask when you are out and about and not sick does not make any sense. Granted, if you are going into a healthcare facility situation where there is a high prevalence of the virus then by all means wear something if you want (I don't plan to), but as a general rule walking around in public please knock it off with the masks. In those countries cited for wearing masks in public, the people that are sick are the ones wearing them. The healthy people are not wearing a mask. Wearing a mask does not prevent you from getting sick, it is meant to prevent the larger droplets from a sick person from being spread around. If you are not sick the mask does not prevent anything. Why would you put up a chain-linked fence to keep out mosquitoes? That is the scale we are talking about when it comes to the size of a virus and the size in the pores in the cloth of the typical mask people are using. If someone is immunocompromised, they should already be taking precautions since even a common cold would be trouble. Those people don't ordinarily go out into the public and mingle, and the people that do visit them stay away if there is any chance of getting them sick. There are also many studies that show that wearing a mask when you are healthy is actually detrimental to your health. Also, wearing a mask in a healthcare facility is an entirely different scenario and would be comparing apples to oranges. The masks the workers use are fitted to their face and designed to filter out virus-sized particles. They are very different from the handmade ones that are cropping up all over the place. Never in the course of human history has a disease outbreak been treated like this. History will look back and say "What a bunch of lily-livered, frightened children."

Getting Ahead

There is little doubt that most people want to get ahead in life.  What is puzzling is that many of those same people want things to change for the better, but do not want to do anything different to facilitate that change.  In other words, they want it handed to them on a silver platter; win the lottery / jackpot / powerball / fill in the blank.

Real and lasting success does not work that way.  It takes time.  It takes effort.  And it also takes a coach or mentor.  It is rare to be that one person that comes along to change the way things are done so the common folk have to get training.

That is not a bad thing.  It is a very good thing, but one needs to know where to get advice and coaching from.  Does the person doing the coaching have the results you want?  If they do not then you need to find another coach.

It's like that for anything in life not just sports; finances, personal relationships, etc.  They all should be done with a coach that has the results you want and a method that is simple to copy.  Also, people need to be willing to get out of their comfort zone and do things when it is not convenient.