Sunday, September 02, 2007

MirksomeBogle Blog Problems

I went to the MirksomeBogle blog the other day only to get this message.



Then I noticed this in Blogger Buzz.



So Mirk, if you drop in here, you'll know why I haven't dropped into your site for a few days. Don't know if the malware is your problem, but I can't get in.

Kott/Wehrauch Pre-Trial 2 The Other Attorneys

Finding information on the attorneys for the Government is more difficult. So I'll serve up what little I can. The Court Documents I looked at Friday listed the following attorneys for the government:

Joseph W. Bottini
James A. Goeke
Edward P. Sullivan

We learn a little more about each from this FBI press release May 4, 2007, when the grand jury indictments were released. Marsh worked with Bottini on the Anderson trial.


This case is being prosecuted by trial attorneys Nicholas A. Marsh and Edward P. Sullivan of the Criminal Division’s Public Integrity Section, headed by Chief William M. Welch, II, and Assistant U.S. Attorneys Joseph W. Bottini and James A. Goeke from the District of Alaska. The case is being investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigative Division.



From the United States Attorney Office - District of Alaska webpage. we learn about some past US Attorneys in Alaska:


United States Attorney - Later Years

Other prominent United States Attorneys served this district. Joseph W. Kehoe (1934-1942) gained recognition as a watercolor artist of Alaskan scenes. Warren N. Cuddy (1929-1933) founded the First National Bank of Anchorage, one of Alaska's two largest banking enterprises. Ralph Julian Rivers (1933-1944) was Alaska's first elected Representative in Congress, serving from 1959 to 1966. Theodore Fulton (Ted) Stevens was appointed in Fairbanks from 1954 to 1956 and later elected Senator in 1968. Michael Spaan (1981-1989) served the longest term as a United States Attorney for this district. He also personally tried the longest criminal case in the history of the state which resulted in RICO, fraud, and extortion convictions of two well-known lobbyists and political brokers. Spaan also gained widespread reputation for this vigorous enforcement of laws designed to protect Alaska's rich fishing grounds.



What I hadn't expected to see was an attorney listed for the Anchorage Daily News and KTUU, who were listed as "interested parties." Their attorney is John McKay. An article from April 2007 about him receiving the First Amendment Award from the Alaska Press Club says:

McKay's many legal victories include a unanimous Alaska Supreme Court decision about the people's right to know the details of legal-settlement payments after a public institution such as a school district gets sued.
McKay's fingerprints are all over Alaska's open meetings and open records law and its interpretation, be that testifying at hearings, arguing in court, leading open-government workshops, publishing open-government handbooks, or offering legal advice to a reporter, an elected official or just an average citizen.
He's taught communication law at the University of Alaska Anchorage since 1984. He has helped train Russian journalists. He's defended educators punished for exercising their free speech rights. And on and on.
For more go here.

I was a bit curious about the media being an interested party, when who should walk in? John McKay himself. So I asked him what his role in all this was. He said it was to petition to keep the as much of the trial open to the public as possible and to get access to evidence - such as the audio and video materials the Federal Government uses in the trials - as soon as possible. He said it took a month to get the video from the Anderson trial, for example.

Saturday, September 01, 2007

Costco Strawberries



Costco strawberries come in these large clear plastic boxes. You can see the fruit on top, on the sides, and on the bottom. But not in the middle. Here's what was usable and what was not. And a close up of the compost pile addition. And I can't take them back - though I'm sure they'd give me my money back. They're good about that.

Friday, August 31, 2007

Kott/Weyhrauch Pre Trial 1

I went to the US District Court Clerk's office today to see what their public computers might tell me about the upcoming trials of Pete Kott and Bruce Weyhrauch. For one thing it listed all the attorneys. In this post I'll give a little background I found through Google on the defendants' attorneys.



Bruce Weyhrauch’s attorneys


Ray R. Brown has been a shareholder in the firm since 1994. His legal interests are centered on complex civil litigation and trial practice. He is particularly interested in plaintiff's medical malpractice and litigation that involves the use of scientific or technical expertise. Ray graduated cum laude from Gonzaga University School of Law in 1981. He has an undergraduate degree in accounting from the University of Texas at Arlington. He has also attended and completed the Trial Practice Institute of the National Criminal Defense College at Mercer Law School.

Following law school and his admission to the bar, Ray served as a senior felony trial attorney and later as the training director for the Alaska Public Defender Agency. He also served as an Assistant District Attorney with the State of Alaska Department of Law, Criminal Division. Following a successful career in the criminal justice system, Ray decided to pursue a civil practice.

Ray's main areas of civil practice include plaintiff's medical malpractice, employee side labor law, class action litigation and serious injury or death cases.

He has tried to verdict more than 150 cases. He is "AV" rated by Martindale-Hubbell and is listed in the Best Lawyers in America since 2003. He served on the Alaska Bar Association Board of Governors (1995-98), and is a frequent presenter at Trial Advocacy programs both in Alaska and in the lower 48. He is a member of the Alaska Academy of Trial Lawyers, Association of Trial Lawyers of America and the National Association of Criminal Defense Lawyers. He loves traveling, his family and his two dogs. Source



Douglas Pope
Member

Practice Areas: Civil Practice; Personal Injury; Products Liability; Wrongful Discharge; Antitrust; Commercial Torts; Corporate Law; Constitutional Law; Appellate Practice.

Admitted: 1973, Alaska; 1974, U.S. District Court, District of Alaska; 1976, U.S. Court of Appeals, Ninth Circuit; 1978, U.S. Supreme Court

Law School: Willamette University, J.D., 1973

College: University of Alaska, B.S., 1970

Member: Alaska and American Bar Associations; The Association of Trial Lawyers of America; National Association of Criminal Defense Lawyers; Alaska Academy of Trial Lawyers.

Biography: (Also Member, Pope & Katcher)

Reported Cases: Hammond v. Hickel, 588 P.2d 256 (Alaska 1978); Brown v. United States, 665 F.2d 271 (9th Cir. 1982); Johns v. Commercial Fisheries Entry Comm., 699 P.2d 334 (Alaska 1985); Hickel v. Cowper, 874 P.2d 922 (Alaska 1994); Capital Info. Group v. Office of Governor, 923 A.2d 29 (Alaska 1996); Brooks v. Wright, 971 P.2d 1025 (Alaska 1999); Chijide v. Maniilaq Assoc. of Kotz., 972 P.2d 167 (Alaska, 1999); Cable v. Shefchik, 985 P.2d 474 (Alaska, 1999).

Born: Fairbanks, Alaska, June 1, 1945
Source





Pete Kott's Attorneys

Margaret R. Simonian ("Meg") joined Friedman, Rubin & White in 2003. Her prior experience includes a successful career as a criminal defense attorney at the Alaska Public Defender's Office and the Office of Public Advocacy. In this capacity she gained valuable trial skills. Before that, she served as a law clerk for Judge Eric Sanders on the Alaska Superior Court. She is a member of the Criminal Pattern Jury Instructions Committee, the Alaska Trust Board of the Alaska Trial Lawyers Association and the Planning and Zoning Commission.

Meg was born and raised in Alaska. She graduated with honors from the University of Alaska. While an undergraduate, she was a national debate champion and nationally honored as a Truman Scholar. She graduated from Northeastern University School of Law in 1997. She is admitted to practice in Alaska.

Source



James A. Wendt

I couldn't find a bio on Wendt. I couldn't find a law firm website. Just the bare minimum. From martindale.com I got this:

James A. Wendt
Anchorage, Alaska
(Third Judicial District)

Featured BV Peer Review Rated Lawyer Source

He did run in the Humpy’s Half Marathon August 16, 2007 finishing at a pretty respectable pace for his age group. He came in 104th out of 200 finishers listed at 1:56:43, a 8:55 miles/per minute pace. Not bad for 58 years old.


Brown was supposed to teach a seminar for the Alaska Bar Association on September 14, but he's been replaced - presumably because he expects this trial not to be finished. We was going to teach "Look Good" Cross-Examination with Terry MacCarthy which covers:

  • The 3 Types of Cross
  • How to Tell Your Story Persuasively through Cross to the Jury
  • How to Structure Your Cross with Transitions and Looping
  • How to Control Your Witness Without Appearing Overbearing
  • How to Elicit and Reinforce Helpful Information from Your Witness
  • How to Use Short Statements Effectively
  • How to Respond to Objections
Maybe we can watch for these in the courtroom.

Thursday, August 30, 2007

Too Nice to Stay In


Towards the end of August we get some spectacular days, touched with enough chill at night to remind us that summer is nearing its end and we better take advantage of the warm days we have left. So we ordered take out at the Thai Kitchen and headed down the Seward Highway. We had made reservations for a table with a view at McHugh Creek.









Then an after dinner stroll. There were red berries everywhere. In this picture they are mostly wild mountain ash (small leaves), and a few devil's club (large leaves).







The Tlingit have turned to devil's club for a list of ailments you wouldn't wish on an enemy: from coughs and colds to stomach ulcers, tuberculosis and hypoglycemia. Tribe members steep it into teas, mash it into salves, chew, sip and steam it. It's also used to ward off evil. The plant, dubbed the "Tlingit aspirin" has not been approved for medicinal use by the Food and Drug Administration.
You can hear this piece on the Tlingit's use of Devil's Club on an NPR site with Quetzel Levine.








2BNTheWild.com says this about baneberries:

White Baneberry (Actaea pachypoda)
White Baneberry is also known as Doll's Eyes.

Plant Type: This is a herbaceous plant, it is a perennial which can reach 80cm in height (31inches).
Leaves: The leaves are alternate. Each leaf is divided.
Flowers: The flower parts are not discernable with the naked eye and are up to 1cm wide (0.4 inches). They are white. Blooms first appear in mid spring and continue into late spring. Numerous filaments obscure the petals and sepals.
Fruit: Conspicuous white berries, sometimes red, in a terminal spike on thick pedicels. The shinny white berries have dark spots hence the vernacular name or Doll's Eyes. The name Bainberry refers to the fact that the attractive berries are poisonous.
Habitat: Rich woods.


















Looking south down Turnagain Arm.






Rose hips have been an important food for all Native American tribes where any kind of roses can be found. Most of them are very sweet. They are extremely high in vitamin C, much more so than oranges, for example. Dried, they keep well, and will always be available in winter. Rose hips have a tangy, yet sweet, flavor and can be used fresh, dried, or preserved. The simplest use is to steep them for tea. Rose hip syrup, puree, jam, jelly, and sauce can be used as is or as a flavoring in other recipes.
from Jolene Adams

Abundant on the trail, they make for a great snack. They're still a little hard now and full of seeds. They get softer and sweeter after the first frost. But I like being able to pick them as I walk and pop them in my mouth.













Looking up toward Anchorage along the tracks about 9:45pm.

Blogging Ted Stevens

While checking how people got to my blog, I found a link from Political Blogging - US Senators where you can look up any US Senator and see what people are blogging about him or her. The link above is to the Ted Stevens pages - 10 pages, each with ten trailers for blog postings that mention Stevens. Most are rehashed stories most aware Alaskans already know about. But the cumulative effect of scanning so many blogs is telling. Our senior senator is now an American symbol of corruption in the eyes of the rest of the world.

Drew Carey's comment in a YouTube segment at Government Bytes (National Taxpayers' Website) about hosting both the Price is Right and a new game show The Power of Ten is probably the most telling. His mention of Ted Stevens is so off the cuff, as though everyone should know what he's talking about.
I thought about it. You're giving away prizes all day and making everybody happy. I really can't complain. Honestly, my whole take on it has turned around now. Now I think you couldn't do better. Here's a car, here's some money. And it's not even your money. You're giving away money and getting credit for it. I feel like a congressman. I'm like the junior Ted Stevens.

While this Seattle Times article on a BooMan post on Taylormarsh.com writes about what a consummate politician Stevens is, the general tone is that a dark cloud now hangs over him.

Stevens is known for his blustery, sometimes combative demeanor in public.

But behind the scenes, he's acted as a dealmaker in an increasingly fractious Senate, orchestrating compromises and pushing legislation through committee.

Stevens' work on the Appropriations Committee, pushing earmarks to fund his projects and backing those of other senators, may help explain why Democrats aren't celebrating his potential fall.


As I said above, not too much that informed Alaskans don't already know and a fair amount of silliness at Stevens' expense. But it's a reminder to those of us who know how profoundly Stevens has positively impacted this state, that many people Outside only associate Uncle Ted with the 'bridge to nowhere' and tubes.


Ben Stevens Confirmed as Senator A

Lisa Demer reports today in the Anchorage Daily News:



Ben Stevens ID'd as Senator A

COURT FILINGS: Ex-legislator had only been named in news reports.

In a court ruling this week, a federal judge identified former state Senate President Ben Stevens as an alleged co-conspirator in a bribery scheme involving legislators and oil field services contractor Veco Corp.

Click to enlarge

Though news reports named him months ago, it was the first time Stevens has been so named in a court document.

The development was just one of the intriguing pieces of information popping up in court filings as the public corruption trial of former Reps. Pete Kott and Bruce Weyhrauch approaches. It's set to begin Sept. 5.

"The evidence which the United States will present at trial will show that state Senator A is, in fact, Ben Stevens," U.S. District Judge John Sedwick wrote.

The indictment against Kott and Weyhrauch says Senator A conspired with them and two Veco executives to benefit the company.

In particular, the document describes a June 5, 2006, telephone conversation between the senator and former Veco chief executive Bill Allen. In the phone call, the two agreed that Weyhrauch came to support oil tax legislation favored by Veco because Allen had promised him legal work for the company. Weyhrauch is a lawyer.

Go to ADN for the rest of the story.

Tuesday, August 28, 2007

Blogging is Like Fishing - Part 2

I didn't plan a Part 2, but Blogging is Like Fishing turned out to be mostly about the psychology and strategy of getting hits on your blog. But there are other observations too.

1. I write more and think more than I would otherwise. Things I would just think about in passing get caught in my blogger net and then I have to figure out what to do with them. I need to look at them in more depth, I start googling to learn more, trying to think about other not obvious connections there are to other topics. One of the points made at the writing workshop in the Village of Wales was to just write as if none of the rules matter. While I'm still observant of the standards of style in general, the blog seems to impose deadlines that force me to stop tinkering and let it float on its own.

2. I'm learning new technologies faster than I would so I can use them on the blog - my camera is a tool to illustrate my blog posts. So I've taken a lot more pictures than I would have, learned different ways to download, edit, and post them. I've had to learn how to post video, which led me to YouTube, and Viddler. If I'd waited to start blogging til now, I would have skipped those because blogger has its own direct from your computer files video upload now. But having a YouTube account gave me a better understanding of how that phenomenon is working. It never occurred to me that people would be looking at my videos. They were just a place to store them so I could upload them. But more people have looked at my 21 YouTube videos than have looked at my blog. The Sierra Leone All Stars being the big draw with over 1800 hits. I've had to learn iMovie - 05, 06, and now 08. I've also found Viddler for better quality videos, and Jamglue for audio. And I've had to learn some html, but as blogger advances, that becomes less and less necesarry, but what little I've learned does help me get the page a little closer to what I'd like, rather than just what blogger allows. But I'm still a long way off there.

3. I'm ready to start writing some of the articles and chapters I've had on my agenda for a while. I'm even thinking of setting up a new blog related to that as a way of creating some artificial deadlines. I don't want to take away from this blog, but eventually my other writing will demand more of my time and this seems like a way to transition.

Lunar Eclipse

Eclipse from midtown Anchorage, August 28, 2007 with a tiny Canon Powershot 550. By 2:37am the moon was gone.

11:48 pm



1:24 am


1:44 am



3:49 am


4:11 am

Monday, August 27, 2007

Why I Live Here - Birding at Elmendorf Airforce Base

We were going to meet our birder friend Dianne at the Thai Kitchen, but they went on a short vacation. So we decided to go birding instead. As Reserve Officer, Dianne can get onto base and she knows great spots. At first the birding wasn't too good, but the evening scenery was spectacular.




Dianne pointed out this tiny plant, a sundew.


Nature has endowed the Sundew with the unique ability to capture and digest insects. This carnivorous habit allows these plants to thrive in nutrient deficient soils and supplement its diet with animal protein. The sundews have a wide range; about 100 recognized species with new varieties being discovered that were not known to exist only a few years ago. This genus has seven North American representatives. They frequent the acid soil of pine barrens and peat bogs and are often found growing along with other Carnivorous Plants.
Sundew leaves have numerous tiny tentacle-like projections. At the end of each is a mucilaginous secretory gland. This gland secretes a droplet of sparkling fluid which gives the plant its dew-drop appearance. Insects, upon being attracted to the plant through odor and color, become stuck to the mucilage. With this stimulus, the tentacles begin to slowly enclose the victim. And later, in about an hour, the entire leaf itself may be bent over its prey. It has been found that these plants only respond to objects of nutritional value and not to sand, paper, or water.
And truly if you look at the picture carefully, the black boggy water is visible. Below you can see the larger bog area around Fish Lake.







No manipulation of these pictures. This is what it looked like!





We were at an air force base. A C-130 I believe.



As we drove from one lake to another, there were four spruce grouse grazing on the side of the road.





Dianne watching two young common loons and two adults.



In the middle of the lake, at the head of the trail is one of the adult loons.



In the middle of the picture, the white spot is the head of a belted Kingfisher sitting at the end of a branch from where it and its partner dove into the lake.



A red fox sat in the road a while than ran across the grassy field.



A pair of muskrats meet in the sunset lit water.