A Night At The Opera

webeagle

The Urban Dictionary defines a “bucket list” as a “list of things to do before you die.”  It’s derived from the phrase “kicked the bucket”. Many people have what is known as a bucket list, and we’re no different.

“Attend the Opera” is one of the items we crossed off last Friday evening.  Thanks to a great friend, we were offered two tickets to the Opera “Dead Man Walking”, which is a part of this year’s series at the Des Moines Metropolitan Opera.  We graciously accepted the tickets with fantastic seats.  I’m far from being an expert on opera, but allow me to review the production we saw.

Prior to viewing the opera version of Dead Man Walking, I had read the book and saw the movie.  I have also heard Sister Helen Prejean [pronounced PRAY-ĵahn] speak a few times on the incidents that lead her to write the book.  Even though I’m not an expert on opera, I can surely comment on the opera through the experience I have in working toward abolition of the death penalty.

The basics of the story are in the opera: the fact that two teenagers were killed; a man was sentenced to death; a nun became his spiritual advisor; the nun’s lack of reaching out to the victims’ parents before it was too late; and the fear, rage, love, confusion, passion, and other emotions that make this such a great story.  All of that is portrayed in the book.  Perhaps legal matters have something to do with it, but I can’t understand why Patrick Sonnier’s [pronounced SONE-ierre] name was changed to Joseph De Rocher [pronounced DAY RO-chey].  Nor do I know why he was executed by lethal injection on stage, while he was electrocuted in real life.  Those may be minor distractions to someone who read the book and listened to Sister Helen.  However, I am disappointed that lethal injection was substituted for electrocution because I do believe that electrocution demonstrates a more barbaric use of capital punishment.

The operatic version of Dead Man Walking was better than the movie version with Susan Sarandon and Sean Penn.  I base this opinion on some of the laudable performances that portrayed the emotions in such a way that made you feel them.  The entire production was awesome, but three performers stand out for me.

Wayne Tigges, a Bass-Baritone from Dubuque, who played Owen Hart, the father of the girl who was murdered, was my favorite.  You could see the emotion in his eyes when he sang.  And every part of his body was into the character and the song.  Karen Slack, a Soprano from Philadelphia, played the role of Sister Rose.  Ms. Slack’s voice and her acting brought me closer to the real-life role Sister Rose played in Sister Helen’s decisions.  The role of Joseph De Rocher’s mother was played by Margaret Lattimore, a Mezzo-Soprano from Port Jefferson, NY.  I think she had a difficult part to play, and not only did she do it exceptionally, but the notes she sang had to have been meant just for her.  I heard a lot of range in her sung lines.

Being the first opera I have attended, I had no idea what to expect.  When we walked into the building there were people having a glass of wine, mingling with each other, and viewing the displays.  There was a lack of signs to indicate where one should go to find a seat.  A woman named Ellen approached us and noticed that we seemed to be new to the venue.   She told us about the opera and how this particular opera is more like a musical than other operas; that it is an American opera (lyrics are in English); the season’s series; opera in general; and other informative tips.  She represented the Des Moines Metro Opera with splendor.  Ellen was warm, genuine, and pleasant.  We were thrilled that the DMMO provides such a service through its Board.

We may have deleted “Attend the Opera” from our bucket list, but I want to add “La Traviata”, “The Barber of Seville”, and “Carmen”.  Realistically, we’re going to have to cross a few other things off the list before I’m going to be able to add anything.

I am excited to have experienced my first opera, and to have that opera be “Dead Man Walking” is a dream come true.

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Bill

webeagleToday, we attended a memorial service for Bill Basinger.  Bill died suddenly last May at the age of 89.  His heart was much older; for it lives in the lives of so many that he touched.

He had a fairly large family.  There were six children; ten grandchildren; and eleven great-grandchildren.  That’s not counting nieces, nephews, and cousins.  The church was packed.  It was filled with people from so many different professions, religious beliefs, and political affiliations.  They were all friends.  Bill’s only adversaries were self-proclaimed.  And they probably worked for a government.

Bill was one of the original peaceniks.  The program carried the phrase of Jesus’ Sermon on the Mount:  “Blessed are the Peacemakers, for they shall be called children of God.”  He was the first member of Iowa’s Veterans for Peace.  He was a member of the Women’s International League for Peace and Freedom and served in leadership positions.  And he has protested at incidents that have lead to his arrest.  Jean once told us that most parents worry that their children will end up in jail.  In this family, the children worry that Bill and Jean would end up in jail – and they have.

Bill was an amazing man.  His signature was his hug and the occasional offering of a peppermint lozenge.  Everything he did he did with a smile.  He knew the Bible and understood the message that many passages brought.  He wasn’t a preacher, just a teacher.  He didn’t use his biblical mastery to pummel unbelievers.  He simply lived the example.

The service itself was a reflection of the man.  Bill was a medical missionary.  With Jean, they began in Japan (6 years) and followed up in South Korea (six years).  During these 12 years they raised a family.  And when they came back to the United States, they didn’t stop practicing their missionary skills.  Many of the trips they have taken to over 50 countries since their time in Japan/Korea have been for medical missionary purposes.

A trip to Burma was brought up more than once during Bill’s memorial service.  Bill taught the children how to sing “If you’re happy and you know it, clap your hands” in English.  As they were traveling down the mountain, they could hear the children singing that song at the top of their lungs.  That’s why we sang it as a congregation during this afternoon’s service.

And being the Peacenik that Bill was, we also sang “We shall overcome”.

Bill believed there was good in everyone and would actively seek it out. A collection of quotes that he had collected were found by Jean. A few were shared during the service. We can only paraphrase the one that stood out for us since the quotes went by so quickly: The values of government can be measured by how its money is designated. For Bill’s memory, we will give it a valiant attempt to find good in politicians that do not come even close to sharing our value system.

We came away from the memorial service with a song in our heart and a renewed sense of working for justice. Bill’s spirit will live on.

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It’s Not The Onion

webeagleLast week I received an email with an embedded link leading to an article told about a Texas judge who sentenced a person to death row upon convicting the person of his third offense possession of marijuana.  The story is here:

http://empirenews.net/texas-judge-sentences-man-to-death-for-marijuana-possession/#.U6rSLckKd6w.facebook

The story comes from the “Empire News” website.  It’s not a true story; the Empire News is a rival of The Onion, a satirical news publication.

I hadn’t heard of the Empire News, so when I received the email from a friend I began looking around for The Onion trademark.  It wasn’t there.  I checked out The Onion.  It wasn’t published there.   I had no idea there was another satirical outlet that rivaled The Onion.

The story, even though it’s fake, led me to think of a couple of things.  First, we are fortunate in Iowa to have a system of selecting judges and justices that leaves politics out of the process – for the most part.  In many states, judges and justices are on the ballot and campaign as though they were running for Congress or dogcatcher.  Iowa’s procedure requires interviews with a panel of Iowans selected by the Iowa Bar Association and the governor.  After that, 3 finalists are submitted to the governor for the appointment of one.  Yes, there is a small bit of politics, but it beats the process of judges making decisions based upon whether they may or may not be re-elected.

The second thing I thought of that came out of this faux article is the reaction.  It wasn’t just my reaction; comments followed the article, and several of those comments were from people who thought the article was true.  The supposed act was from Texas.  That made me believe that it “possibly could” be true.   Things happen in Texas that no one can understand.  However, there were believers that commented in a way that this was acceptable for a judge to do.  “I am glad that Texas is finally taking a stand against SATIN’s [sic] LETTUCE.”  (He was referring to marijuana when he calls it “Satan’s Lettuce.)  On the other hand, I imagined that the comment itself could be a fake.

It all comes down to this:  Who can you trust for reliable news nowadays?

Earlier this week, I heard a woman talk about a bumper sticker that was stolen from her car.  It read:  “I get my news from Comedy Central; I get my comedy from Fox News.”

 

 

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Open Records Have Limits

Fawkes-Lee & Ryan spoke to the Iowa Public Information Board this afternoon (6/19/14).  Below is our comments.

Before the Iowa Public Information Board

June 19, 2014

I am Marty Ryan and I represent Fawkes-Lee & Ryan, a “web-based, service-oriented, grassroots small business specifically structured to address the growing need to strengthen specific Constitutional Freedoms and related social issues.”  Two of the issues we are dedicated to strengthening are access to public records/open meetings, and privacy.

We believe that openness in government is essential for a healthy democracy to survive.

Likewise, we are dedicated to working toward protecting individual freedoms, with a strong emphasis on privacy.

Often, when the public’s right to know bumps up against a privacy issue, we approach that fork in the road by following the individual’s right to privacy.

An article in the Thursday Des Moines Register cites an author and professor from Indiana who claims to have a “no brainer” solution to an alleged problem of governments and companies not having access to potential employees’ past.  He claims that “employers should request or require job applicants and finalists to sign waivers giving their current or previous employers permission to release personnel records and speak freely about the past work performances.”  (Emphasis ours.)

While the focus of the article is not about a person’s privacy, it is closely related to the issue of personnel records.  Personnel records do not belong in the public eye, whether the employer is the government or a private corporation.

The Indiana professor’s idea cannot fly in Iowa.

Iowa law is more complex than that. Chapter 91B[1] of Iowa law addresses how current employees may obtain copies of information in their personnel record.  Further, a former employee, according to a federal lawsuit, cannot have access at all because, well, the person is no longer an employee.  If a former employee may not legally obtain a copy of her disciplinary record, why should anyone else be able to gain access?

There are several other reasons why this practice should never be allowed.  A disciplinary matter such as absences may be the result of an embarrassing illness.  Even if the only piece of the record is the number of absences in a given number of days or months, there can be no allowance for the employee to refute the accusations by the employer or an outside force without possibly giving information that is protected under federal law (HPPA).

Whistleblowers will refrain from coming forward.  Without the opportunity to add due process considerations into the record, and remember, the record is held by the employer, a person’s future and quality of life for his family can be compromised by the one-sided notations within the record.

Personnel records contain facts.  Or, do they?  There is no statute that requires a personnel record to contain undisputed facts.  Name, Social Security Number, Date of Birth, and gender are facts.  Comments from a supervisor about a person’s work ethic, idiosyncrasies, and other observations are all subjective and speculative.  Yet, many disciplinary actions are based upon the latter.

We bring this to your attention because no one seems to be presenting a different view other than that carried by the print media.  There are two sides to every story.  We present our side because it is possible that at some time in the future this Board may flirt with the possibility of proposing legislation or making a decision in other facets of the Board’s responsibilities.  In addition, we feel it should be a part of the educational repertoire provided by staff.



[1]   91B.1  Files — access by employees.

1.  An employee, as defined in section 91A.2, shall have access to and shall be permitted to obtain a copy of the employee’s personnel file maintained by the employee’s employer, as defined in section 91A.2, including but not limited to performance evaluations, disciplinary records, and other information concerning employer-employee relations.

2.  However, an employee’s access to a personnel file is subject to all of the following:

a.  The employer and employee shall agree on the time the employee may have access to the employee’s personnel file, and a representative of the employer may be present.

b.  An employee shall not have access to employment references written for the employee.

c.  An employer may charge a reasonable fee for each page of a copy made by the employer for an employee of an item in the employee’s personnel file. For purposes of this paragraph, “reasonable fee” means an amount equivalent to an amount charged per page for copies made by a commercial copying business.

90 Acts, ch 1033, §1; 98 Acts, ch 1022, §1; 2008 Acts, ch 1032, §201

 

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A Different Angle on the Death Penalty

webeagleThe Reformer is “The Official Inmate Newsletter Of The Iowa State Penitentiary” in Fort Madison, Iowa.  The newsletter is put together by inmates and is produced somewhere between quarterly and monthly.

A letter-to-the-editor caught my attention in this past issue.  We’re reproducing here just as it was printed in the newsletter:

LETTER TO THE EDITOR:

             My name is Jesse Brown, and I am serving a sentence of life without the possibility of parole.  I am writing this letter in solidarity with thousands of other men and women imprisoned all across this country asking that you stop supporting the sentence of life without the possibility of parole as an acceptable alternative to the death penalty.

“Life      without      the      possibility      of      parole      is      the      “Death      Penalty.”

            I know that many death penalty advocate groups believe that it is not politically viable to seek to stop all forms of the death penalty.  Many of these groups don’t believe that life without parole is essentially a death sentence.  They are wrong . . .

            According to many studies, support for the death penalty continues to shrink.  The public is more and more accepting of the proposition that rehabilitation is a real possibility and is an acceptable punishment.

            If you believe executing humans is wrong, then condemning them to a long slow death in prison must also be wrong.  And yes, a long slow death is the death penalty.  To argue otherwise is morally disingenuous at best.

            Why not adopt a true and complete opposition to the death penalty?  Why not argue in favor of humanity?  Why not move forward with the times and stop fighting with out-molded [sic] positions on behalf of the more than 4,000 men and women sentenced to die.  By meaningful incarceration I ask that you and your organizations adopt a consistent opposition to all forms of the death penalty.

            Please break the silence and let all our voices be heard.  “No effort gets No results”

 Fawkes-Lee & Ryan does not support nor oppose Jesse’s position.

 

 

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A Horrible Decision

webeagleIt’s one of those United States Supreme Court cases in which you want to read the dissent before the actual opinion.  In Maryland v. King, that’s exactly what I did.  Associate Justice Antonin Scalia wrote the dissent, and was joined by Justices Ginsberg, Sotomayor, and Kagan – the Court’s three female members. 

Maryland v. King is an opinion that allows law enforcement agencies to collect DNA from people who have been arrested.  Many states, including Iowa, allow for the collection of DNA after a person has been convicted of a certain crime, but twenty-eight states and the federal government allow for the collection upon arrest.  On Monday, the Court said it was constitutionally okay to take a sample of “skin cells”.  They might just as well take an arm or a leg, your heart, your brain, or your medical records.  The majority opinion in the case adds credence to the phrase “if you’ve done nothing wrong, you’ve nothing to fear”.  That is not the way America works, or the way it used to work.  That’s where I give credit to my Eighth Amendment (the death penalty is NOT cruel and unusual punishment) nemesis, Justice “Tony” Scalia.

Justice Scalia’s first paragraph in his dissent is simple and brilliant.

The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incrimi­nating evidence. That prohibition is categorical and with­out exception; it lies at the very heart of the Fourth Amendment. Whenever this Court has allowed a suspi­cionless search, it has insisted upon a justifying motive apart from the investigation of crime.

We have said this before in previous blogs:

Guilty Until Proven Innocent

DNA:  Modern Day Fingerprints?

The majority opinion really misses the boat.  Justice Kennedy acknowledges that collecting DNA is a Fourth Amendment search. “It can be agreed that using a buccal swab on the inner tissues of a person’s cheek in order to obtain DNA samples is a search. Virtually any “intrusio[n] into the human body” will work an invasion of “‘cherished personal security’ that is subject to constitutional scrutiny.”  He got that right, but then he went on to use examples.  “The Court has applied the Fourth Amendment to police efforts to draw blood,. . . scraping an arrestee’s fingernails to obtain trace evidence, and even to “a breathalyzer test, which generally requires the production of alveolaror ‘deep lung’ breath for chemical analysis”  What he failed to grasp was the difference of circumstances. His examples have one thing in common.  The drawing of an arrestee’s blood, scraping fingernails, and using breathalyzers are evidence-acquiring techniques that are used on a person who is a suspect of a “certain” crime in the present time.  The difference between these Fourth Amendment searches and DNA searches for arrestees is that the DNA searches are not connected to the crime before law enforcement.  The evidence obtained has nothing to do with solving the crime for which the arrestee is facing charges. 

Some may claim that the collection of fingerprints is the same thing.  It’s not.  DNA is your family history.  As Stephanie wrote in a previous blog, “Fingerprints and DNA are very different.  DNA can be inadvertently transferred from one location to another; fingerprints cannot. DNA has a genetic link.  Fingerprints do not.” And although it’s possible to have two people in the entire world have identical fingerprints, those two people may be on different continents, be of diverse cultures and races, and have absolutely nothing in common.  As for DNA, the person with a match closest to yours is most likely a sibling.  And twins often do have the same DNA.  Yeah, it’s different.

We can expect bills next year by the Attorney General, county attorneys, and quite possibly the huge brood of law enforcement lobbying groups, to expand the already expanded list of eligible felons and misdemeanants who have been arrested for a crime to submit to the buccal swab.

© Copyright 2013.  Fawkes-Lee & Ryan.  All rights reserved.

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