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I'll be jailed in Alabama - no free speech, denied by the AL Supreme Court

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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:13 PM
Original message
I'll be jailed in Alabama - no free speech, denied by the AL Supreme Court
I just got my case denied by the Alabama Supreme Court - no explanation.

I've been fighting a custody battle for years, my ex has used illegal wire taps to record conversations with my son (age 15 then) and has used the recordings to bring both a criminal and civil (family court contempt) case against me.

The same Judge in Alabama has sentenced me to 20 days (and I live in Hawaii by the way) in their AL County Jail for the family court contempt, and ONE YEAR for the Criminal case (still on appeal) for ILLEGALLY recorded audio and using a false transcript created by my ex-wife - and a JUdge who didn't like "the tone of my voice" in the recording, NOT that I had done anything illegal, just my TONE OF VOICE. THAT was in her conviction speech - my tone of voice.

Not only was the recording shorter than the phone conversation, it's also OBVIOUSLY been edited (I've been a recording engineer before) and SPLICED - this is an outrage, and it can happen to anyone.

I have no free speech with my son, who will be 18 in Oct. I'm still being persecuted for what they claim I did when he was 15.

It has to do with both vicarious consent law in that state and the fact that family court judges can create law from the bench, it's sheer fascism.

I have hired 5 lawyers, and like I said, I have taken this to the Supreme Court in AL and have been denied a fair trial.

My ex has brought more cases against me and in them they SPEFICALLY mention our website Take Back the Media.com - which is as Liberal and Progressive as it comes.. they JUdge is a right wing, hard core "christian" (and I suspect Federalist) and being as it's a small town in Alabama they have everyone in their pocket.

The ex's lawyer has mentioned the site in each case and waved prints of the pages of the site around in court-- their introduction of the site is politicizing the whole case.

I was informed that I am to "pack a toothbrush" and turn myself in for 20 days incarceration in the County Jail - I'm a little concerned as to my physical well being there - the ex wife's lawyer is also a prosecuter there, so of course he can offer any schlub in jail a nice little deal if they work me over.. this is cool hand Luke stuff folks...

Not to mention my wife is pregnant and I get to sit there sitting around wondering if SHE is safe..

Welcome to AmeriKa - my ex is way ahead of Ashcroft and now you know that ANY of you are now not safe. This is becoming more and more common.

Wish me luck, anyone (Lawyer) want a poster boy for a case, I'm IT. This case could be taken to the Supreme court of the US, and it IS about Free Speech on a number of levels.

I'm also completely innocent so forget about that making any difference.

Watch your back.
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GreenPartyVoter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:15 PM
Response to Original message
1. I am so sorry! *hugs*
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:19 PM
Response to Reply #1
2. Thanks Green
if I had done something illegal I would actually have turned myself in -- but this is beyond the pale.

not to mention the money - we had to sell our home and move to fight all this.

appreciate the hug.
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LittleApple81 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:20 PM
Response to Original message
3. You are going to need HUGE amounts of money. May we help?
even if it is little from everyone, it will help you, I think. Your movies (especially the one with the "my little goat" are so wonderful... WE NEED YOU AROUND!) So why did you ever live in Alabama????
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gWbush is Mabus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:20 PM
Response to Original message
4. so what do they claim you did when he was 15?
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Speck Tater Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:21 PM
Response to Original message
5. The only way to stay safe from the system
is to keep out of sight of the system. As long as your stay beneath their radar the system will leave you alone. As soon as you come to their notice the system will screw you over. It's been that way since the dawn of civilization.

The legal system is a freight train roaring down the tracks that will mow down everything in its path. The only safe course is to stay off the tracks.

If it were me I'd just stay away from Alabama. At least until such time as civilization reaches there. Once your son is 18 he will have the right to talk to you any time he wants to. Until then, just lay low. Disclaimer: I know nothing about the law, and avoid confrontations with the legal system at all costs, including NEVER exceeding the speed limit or running a red light under ANY cricumstances.
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:52 PM
Response to Reply #5
22. The problem is that if Alabama has flagged Symbolman by issuing a
bench warrent or some such sort of thing, he can be arrested any time any where in the US ... a routine traffic stop, a parking ticket even.

Did you see this story the other day? http://www.cnn.com/2004/LAW/06/18/marshmallows.ap/index.html

A fifty dollar ticket from Yellowstone for failing to properly secure a bag of marshmallows (already paid) was the reason Customs agents hauled a young woman off to jail in handcuffs and leg irons...

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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:59 PM
Response to Reply #22
28. exactly
then I can sit in the local jail wherever that is until AL decides they don't want to pay to ship me back.. then I'm released (which could be weeks later) but the CHARGE never goes away..

so it can happen over and over again..

you know the law 1monster..
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Stuckinthebush Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 08:26 PM
Response to Reply #22
62. May I ask what county and who the judge was?
I live in Alabama and am curious.
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stavka Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:23 PM
Response to Reply #62
68. Don't hold your breath.....
I have little faith there is more than 25% truth to tale of woe and pity.

Oh, and before everybody starts jumping all over me....this is a semi-public discussion board where it is routine to imply random government elements kill our citizens for an orange suit photo-op.
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in_cog_ni_to Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:22 PM
Response to Original message
6. Damn, Symbolman! That sucks!
This is some scary shit! I hope you find an attorney who can help you! :hug:
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:29 PM
Response to Original message
7. I didn't live in Alabama
this took place while I lived in California, 2500 miles away --

My son had told me he had smoked pot, so I told him "You know what's going to happen if you get caught? You are going to get kicked out of school and I am going to get a lawyer and rip you out of that house because No Judge is going to keep you in a house where you are smoking pot.."

THAT is it.. my ex brought suits claiming I was telling the kid TO SMOKE POT so he COULD get kicked out of school and her house..

that's her whole case. and it's supported by lies and a Judge that hates liberals. especially this one.

and the lawyers are all used up for the most part.. I've got to the Alabama Supreme Court and they denied me a hearing. It's over.

Except for the criminal trial on appeal with could be even WORSE.

My attorneys said that there is NO EVIDENCE and that this is impossible.. but it's happening and it can't be stopped.

sure, money would help, but I'm not here for that -- thanks anyway..

as for Alabama I HAVE TO GO BACK for the criminal case, can't stay away -- they have me between two cases and are ping ponging me and screwing me to the wall.. and it's working..

hope that clears some of this up? thanks for the advice tho..
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1monster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:58 PM
Response to Reply #7
27. Contact the ACLU... They may be able to offer
so help.

Check with a father's rights group and see if you can hook up with one in Alabama.

Publicity might help or it might make things worse. I don't know Alabama, so can't offer an opinion.

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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:01 PM
Response to Reply #27
31. ACLU
has been called many times..

they don't care.. they consider this to be a family courts, father's rights problem..

I think it's FIRST AMENDMENT..

but they won't bite.. and father's rights groups are falling to the wayside as they don't have funding and no clout..

appreciate the ideas tho..

I've tried everything..
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noonwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:20 PM
Response to Reply #7
42. That is just so wrong on so many levels, man
I work in the child abuse system and I've seen people who beat the daylights out of their kids never see a day in jail, even if they lose custody of their kids. I even had a woman who prostituted her child and she only got 30 days in jail.

The court I work in, in Detroit, most of the judges and referees are fair minded people. I have never had the political beliefs of a parent come up in a hearing as being relevant. When religious issues surface, the court people usually don't want to hear it unless the kid is old enough to have an opinion, or there are issues like JW's blood transfusion ban involved, or one parent is involved in a cult.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:28 PM
Response to Reply #42
43. She's done that too
I've got papers from the Abuse people that say "Children say mother beating them.." with nasty abuse after abuse and the Judge did NOT CARE..

old news, they always say..

the kids are really screwed up too.. like whipped dogs..
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:32 PM
Response to Original message
8. Wow that really sucks
I don't know what to say other than that. Scary and sad.
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supernova Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:33 PM
Response to Original message
9. So Sorry, Symbolman!
That's terrible. :-(

I can't believe a judge would judge against you in a custody fight simply for expressing your opinions.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:36 PM
Response to Reply #9
10. I STILL can't believe it
wouldn't YOU tell your kid that if he said he was smoking pot? My GRANDMOTHER would have said the same thing..

if this was a movie no one would believe it..

I've written to my congressman here in Hawaii (a democrat) about this - maybe they can do something, but I've lost all hope at this point.

thanks for the commiserations..
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:41 PM
Response to Reply #10
13. Your website has undoubtedly brought you to the Federalists attention
Hell, it wouldn't surprise me if they were bankrolling your wife and providing Federalist "lawyers" (how does one describe a "lawyer" who cares nothing for the Rule of Law but will prositutute themselves for their Party) to harass you.

And dropping a note to their Federalist Plant (not a judge, not by the standards of the Old American Republic) to make sure you get full measure.

Perhaps I'm paranoid. Perhaps not. In the Old Soviet union, Nazi Gewrmany, Marcos' Phillipines and Bush Amerika, who can tell?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 05:23 PM
Response to Reply #13
51. Honestly Tom
I'm willing to believe that..

this is not a Judge, this is a prosecutor..
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Blue Gardener Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 06:54 PM
Response to Reply #13
58. Not paranoid at all
The right wing wackos love to bankroll people that will go after Dems. Don't forget all the money that has gone to people like Linda Tripp and Paula Jones. They certainly didn't pay for their own lawyers, they had plenty of help.
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Rainbowreflect Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:43 PM
Response to Reply #10
14. I am so sorry. Please let us know if there is anything we can do.
This really sucks. I see so many cases of parents attacking each other in such horrible ways, part of my job. Does your ex not realize how she is hurting your son by what she is doing? Or does she just not care?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:17 PM
Response to Reply #14
40. She's a psychotic
but that seems to play well with this Judge.. my son now hates his own mother, something I never wanted to see..

the worst part is she has a record as long as your arm.. she even BIT a live in boyfriend TWICE in the same year, an alcoholic.. she ran off to the Virgin Islands 6 months ago, leaving the kids behind with the step father and is STILL bringing suit against me FROM ALabama.. because the kids "live" there still..

the ridiculous part is, my son WAS smoking pot IN HER HOME and did it for over TWO WEEKS THERE AFTER HE TOLD ME ABOUT IT..

I'd sent her a registered letter asking her what she was going to do about his drug problem.. she did nothing..

I even brought it up in court, that he tested positive 17 days AFTER he had admitted it to me, ON HER TAPE.. so she KNEW IT!!

it's a scam by a right wing court.
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Zorra Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:40 PM
Response to Reply #10
46. Oh, yeah, if it was a movie, I would believe it.
Edited on Tue Jun-22-04 03:02 PM by Zorra
This is becoming increasingly common.

The legal system in the US is corrupt way beyond what most people can understand, because it usually takes a personal experience like yours to really drive home the true horror of it. Many folks still have a naive trust in the courts, and believe that if you are innocent, the courts will find you innocent. Most any attorney will tell that this is not true. It is particularly not true if you do not have a truckload of cash. And even if you are eventually found innocent, your life may be all but destroyed because you have spent every penny you had saved, and gone into debt, in order to prove your innocence. And the stress of it all makes it hard to sleep at night, and every morning another nightmare. etc, ad nauseum.

And when it is all over, if you are found innocent, they do not even apologize for what they have done to your life. They smile, and think you should be glad that the system worked And the whole thing is so life shattering that counseling is often helpful or maybe necessary. But by that time, you are so far in the hole that you can't even consider it. So you go on, and try to pick up the pieces of your life as best you can, starting from less than scratch.

And this happens every single day somewhere in America.

And, what if you are found guilty, despite being innocent and having little or no evidence against you, or on altered evidence, on mostly what is basically hearsay?

This also happens every day somewhere in America.

I am truly sorry for what has happened to you, and what is happening to you. It makes me very sad, and angry.

BTW, thanks for the new flash. It is really great, Comfortably Numb is a perfect soundtrack. You are a real talent and patriot.

It will probably be very difficult for you to ever reconcile the time you have unfairly lost with your child, but I hope and pray that this all somehow comes out great for you in the long run, and that you are given back far more than what has been taken from you.

Because sometimes this actually happens.
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Jim Sagle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:40 PM
Response to Original message
11. Why can't you just stay out of Alabama?
You wouldn't get extradited on a custody case.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:50 PM
Response to Reply #11
18. oh no
they worked that out for themselves as well.. by implementing a "Criminal" case (the charge is "contributing to the delinquency of a minor" - my OWN SON from a phone 2500 miles away..) I am forced to show up in Alabama..

I can't stay away. Plus it was the same Judge.. that case is on appeal, but if I blow these cases off I can be arrested anywhere -- maybe be released if AL doesn't want to pay to ship me back there..

but by creating a criminal case I HAVE to return.. one lawyer said it's "double jeopardy" because it's the same false "evidence"..
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doni_georgia Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:16 PM
Response to Reply #18
39. Do not go to Alabama. If you have to turn yourself in do it in Hawaii
Then you fight extradition. This is pure bullshit.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 08:09 PM
Response to Reply #39
59. I'd still have to
show up for the 'criminal' trial in August.. this is what I mean by ping ponging me..

they've made it so I'm screwed either way, if I show or if I don't.. and now the court has shut it down..

and that would mean another lawyer here - I may look into it, but in the end I still have to show up in Alabama in Aug..

love yer passion, that's what's I've been doing for so long, fighting :)
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stavka Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 05:45 PM
Response to Reply #18
53. maybe you shouldn't have gotten divorced.
There are hundreds of cases like yours all over the country.

..and I bet if you dig back enough, there's probably some blame that should in fact fall on you for all of this.

For instance. If the court said you shouldn't have contact with your child (rightly or wrongly) you shouldn't have had contact with your child PERIOD.

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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 08:17 PM
Response to Reply #53
60. fall on me?
I have had to fight for every single visitation because my ex is a psychotic.. she's BIT her live in boyfriend TWICE in one year, my own kids called the Police on her for being a drunk, she rubbed blood all over herself to get her boyfriend (the one she bit) arrested, but the police talked to my 9 year old son - then took the cuffs off the boyfriend and put them on HER..

she's got child abandonment charges against her for driving my kids drunk, one got out and ran to a fire station for safety, the other stayed in the car as she hit TWO other cars that afternoon.. went home and parked in the garage, no one caught her..

she once filled the trunk of her car with gas while drunk, and kicked the attendant who complained - he called the cops, she got off the charge because she wasn't OPERATING the car..

got TWO DUIS in one week. Her parents took the kids from her legally and never told me..

I could go on and on -- nope.. it's not me.

SHE's a brilliant manipulator in a southern court with a slimy lawyer.

and they've demonized me - I have NO RECORD at all, none.
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stavka Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:18 PM
Response to Reply #60
67. What's her name? If she has two DUI's it's a matter of Public Record
I have little faith in public postings about domestic issues; where if pressed, all kinds of confirm-able details won't be revealed.

Call me a skeptic, but I've been around courts and the law all my life.

Your posts on this subject seem to indicate that those in the South are at the same time brilliant manipulators and yet total dupes.

My guess, or prediction, is that you will reveal neither names, or court districts, or judges or police departments or any other factual detail for reasons that make little logical sense, but protect your "confidential" position completely.

You'll then either threaten to sue somebody over defamation or act like there is an even greater conspiracy than previously indicated and that you are afraid for vague and nebulous reasons. (Like - my lawyer advises against it, the same lawyer who could talk you out of this in ten minutes if she existed, or alternatively advised you to sell a house rather than face the possibility of 20 days in jail - which never happens either)

This is a lounge item.

If I'm wrong, I'll buy you a drink -
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 01:38 AM
Response to Reply #67
77. I'm
afraid you will never understand.

good luck with your razor sharp mind.
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cally Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:41 PM
Response to Original message
12. I can hardly believe this, but I do.
First, kudos to you for your involvement in your son's life. Whatever you said was a help to your son. None of us react in great ways when our kids act stupidly. I'm scared for you and I can't believe the injustice of it all. What can we do for you while in jail? Letters? Visits? Publicity?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:51 PM
Response to Reply #12
21. I don't know what anyone can do
maybe write your Congressman.. thanks for the offers, much appreciated..
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cally Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:03 PM
Response to Reply #21
33. Please PM me with as much detail as you are willing to share
Name, docket number, judge, etc. I will write Woolsey, my congresswoman, on your behalf. I will approach her as a fellow feminist saying we need to take action so that children are allowed to have realistic relationships with fathers. I think Woolsey will respond.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 03:54 PM
Response to Reply #33
50. I will
getting some info together -- maybe your congresswoman could talk to my congressman - if I can get him to listen, I have a pal here that is calling his office that knows someone there..

we'll see, in the meantime I'll pm you, and thanks!
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liberalpragmatist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:45 PM
Response to Original message
15. You can't appeal to a federal court?
Or, seriously, write this up and send it in to some legal journal or something, maybe have one of your lawyers do this. Get attention to this and try to get this taken to some federal court. Or send this in to the news media whether in Alabama or Hawaii and let them make it a big deal.

This is SO OUTRAGEOUS! Are you sure you can't appeal to some higher court?!
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:57 PM
Response to Reply #15
26. maybe
but I doubt it, plus we've already sold one house to pay for legal bills.. I don't want my wife to end up living in a car, pregnant...

it takes MORE money the farther up the legal chain you go..

we're about out of it..
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vetwife Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 12:18 AM
Response to Reply #26
76. Wouldn't that be the 11th Circuit..If so..Bad..in Georgia all wingers
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doni_georgia Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:46 PM
Response to Original message
16. Get in touch with this group
I believe this is the group that helped my brother. Check them out
http://www.dadsrights.org/
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kimchi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:49 PM
Response to Original message
17. This sucks, Symbolman.
Is there no organization that can help you? Is there a way you can publicize this, and would you want to?

Best of luck to you.
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DrWeird Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:51 PM
Response to Original message
19. Just because I'm curious...

what we you convicted of, and what was it that they said that you said on the tape?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:55 PM
Response to Reply #19
25. read the thread above
I just told the my son that if he smoked pot he'd get kicked out of school and I'd get a lawyer and rip him out of that house..

the Judge thought I sounded Happy when I said it..

not kidding, that was the basis of her conviction.

I have a pal that's a lawyer who came to the trial and he's from Beverly Hills.. he's been a prosecuter there for 30 some odd years.. even worked with Bugliousi on the Manson case..

he said he's only seen a few innocent people in all those years and I'm one of them.. also there was NO EVIDENCE..
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DrWeird Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:59 PM
Response to Reply #25
29. Habeus corpus.

What is the actual crime that they convicted you of?
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BOHICA06 Donating Member (886 posts) Send PM | Profile | Ignore Tue Jun-22-04 03:00 PM
Response to Reply #25
48. You told your son what????
...getting awfully close to conspiracy. Not the best of advice in any case.

Opps - misread - that's "if he smoked pot" not "if he'd smoke pot" Wonder what the Judge heard?
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graham67 Donating Member (732 posts) Send PM | Profile | Ignore Tue Jun-22-04 01:51 PM
Response to Original message
20. My God
I am so sorry. :(
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proud patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:53 PM
Response to Original message
23. Oh man ...This Sucks
isn't there a way to keep you out of an Alabama
jail ? It seems to me (I'm no lawyer) that you should
be able to serve in Hawaii . If the time is inevitable
due to fascism , I would focuss the fight to serving
the Bogus time in Hawaii .

I wish I could help more :-(
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:05 PM
Response to Reply #23
35. They won't let me
I have to serve in AL -- doesn't make much sense does it?

Seems impossible but it's happening.. and it's been happening for nearly three years now.

thanks for your concern PP, you've been a friend
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proud patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:34 PM
Response to Reply #35
45. Well I want to be able to stay in touch with you
so if you are able to recieve mail
please have your wife pm with up dates
or whatever you feel comfortable with .

I'm really bummed . Here for you man :loveya:
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 01:53 PM
Response to Original message
24. immediately...
...get in touch with your local ACLU. IMMEDIATELY.

This is a free speech issue. Your political views and actions have no bearing on a domestic legal proceeding.

Immediately contact the ACLU.
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Caution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:00 PM
Response to Reply #24
30. I'll reiterate that
the ACLU would be very interested in a case like this. A judge can't throw you in jail for sounding happy. this is friggin absurd.
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:02 PM
Response to Original message
32. How deplorable. If you live in Hawaii, do you have to go to
Alabama, or do you just need to stay out of there until you can get heard by a higher court? You should contact the Attorney General's office of the State of Hawaii. They might be able to advise you of your rights as a Hawaiian resident and whether or not Alabama can extradite you.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:10 PM
Response to Reply #32
36. I've been as far as I can go
in the state of alabama - and the writ was denied at the Supreme COurt level..

so my lawyer says I'm screwed and have to turn myself in..

believe me, I've been fighting this for all I'm worth.
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oasis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:04 PM
Response to Original message
34.  Looks like a railroad job to me. Get more advice before surrendering.
I'd camp on Linda Lingle's doorstep and get her office to write a character reference.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:13 PM
Response to Reply #34
37. Yep
they are railroading me alright.. but it seems that no one can stop them..

Linda Lingle is the Republican Gov.. what can she do? A Character reference - how would that help..

not saying it's not worth a try, just wondering what kind of influence she can have.. maybe she can call the Gov of Alabama and get the damn Supreme Court to have a look, eh?

I guess I can try, but getting a hold of these guys is like pulling teeth, many thanks, railroading says it all :)
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oasis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:29 PM
Response to Reply #37
44. The fact that she is a rising star Republican can be helpful. She's being
tagged for a big future in the GOP.
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RedEagle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:15 PM
Response to Reply #34
38. Dumb Question, but....
...why is this in Alabamba court if it allegedly happened in California? Why is this not being tried in California courts? How did they get to drag this case to Alabamba?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:20 PM
Response to Reply #38
41. That's where
the ex and the kids live..

I'd love to bring a wire tap case against the ex, but I've been losing so much and nearly out of money that it's probably pointless..
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LifeDuringWartime Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 02:52 PM
Response to Reply #41
47. theres got to be something
do you have to go to a state supreme court before you can go to a higher one?

maybe media attention would help
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 06:05 PM
Response to Reply #41
55. Ask your Hawaii attorney if you turn yourself in to
Hawaii authorities, could he file a Writ of Habeas Corpus in Federal Court for you and if that would help. I doubt if AL will pay the money to extradite you from Hawaii and if you are held on charges or a detaineer in one state, you are entitled to credit for time served in the state where the charges are pending. (U.S. Supreme Court case provides for that.) I worked in a MS jail for several years and an inmate from Oklahoma was being held to be extradiated to Kentucky. It was all about a divorce and her father having power and money and just trying to make his life miserable. He filed (on his own) a federal writ of habeas corpus and the federal court in MS released him, saying the Kentucky charges were bogus. It took him some time and he did it on his own, without the help of a lawyer, but he was successful. Maybe your lawyer would be able to get it through the courts at a faster pace. Jail in Hawaii is a much better option than jail in AL.
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Tsiyu Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 03:22 PM
Response to Original message
49. Sorry Symbolman
The courts will ruin a good spirit. But don't let them....I know , if all of what you say is true, that you have had a sinking feeling in your gut for a long time.

We do not have family courts that take care of the "best interests of the child." WE have a convoluted circus of lawyers and shrinks and judges and legislators who never studied child psychology ( or studied the wrong kind.) Sometimes I believe it would be better if we built colloseums (sp) and let parents rip their kids apart in front of the crowds. Couldn't damage them much worse.

I've been there. I sympathize. Many don't understand that most states give judges in custody cases a very wide swath of discretion, meaning they assume that the judge can witness the parents up close and render a decision more effectively than via mere paper documentation. ( as in an appeal decision). Yer' screwed, as they say. And you get bitter but slowly you get over it and your kids either figure out the truth or don't. Hang in there and keep us posted.
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LynzM Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 05:34 PM
Response to Original message
52. Write up a summary,
Submit to lots of liberal blogs. Post it here for people to pass on to any lawyers/free speech activists they may know. Is it ok for us to link this discussion for others to look at? Maybe, in all of those outlets, it will get picked up by someone with clout. The internet is an amazing place. Auction your 1st Amendment rights on Ebay, that seems to be a good attention-getter :D j/k, sorta. Seriously, if you put together something concise that we could copy and pass along, I know I'd post it a couple places for 'ya! So sorry that you are going through all this crap. And that's what it is. I hope something comes up to get you out of it, yet. :hug:
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 05:45 PM
Response to Original message
54. This is sort of a bizarre suggestion, but have you considered
contacting Mark Geragos? He's the lawyer who got Susan McDougal released from jail and cleared of wrongdoing. He's currently representing Scott Peterson in the Laci case.

He seems to have an interest in righting legal atrocities, perhaps since he seems like a lib he may take your case pro bono or at reduced fees. He's in CA, if you lived in CA when the alleged "crime" occurred, how are you being convicted in AL?

Anyway, what about trying Geragos?
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 06:06 PM
Response to Original message
56. okay...
....this sounds like something for Air America now.

I don't like the sense, Symbolman, that you're giving up on the fight. And I don't like the knowledge that once they get their hands on you, it's infinitely more difficult for you to make anything happen or for anyone to help you.

The fact that your politics have been raised in the proceedings makes this OUR fight. The precedent can't be allowed.

I, for one, am willing to make some noise on your behalf. But I think that Air America (with its huge audience) is the place to start.

Can you give a little more info on how your site was raised in the proceedings?
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 05:29 AM
Response to Reply #56
81. Not sure if Air America is a good idea
I'd rather be doing radio for them :)

a little worried about going high profile with the criminal case still hanging over my head - these people are viscious..

I've PM'd you with the particulars..

thanks!



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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 06:38 PM
Response to Original message
57. Tell the O'Franken Factor
Franken hates Bill O'Really. That's why he named his show the O'Franken Factor.

O'Really hates TBTM. This has already been well established.

Thus, Franken might very well be in the mood to trumpet this from the rooftops, so as to puff TBTM and (further) humiliate O'Really.

Think how many N.Y. civil rights attorneys listen to AA...

Try the O'Franken blog: http://www.ofrankenfactor.com/

If all else fails, I'll send you a haupia cake with a file in it... :-)
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rumguy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 08:19 PM
Response to Original message
61. I can't figure out why your being jailed....
What specific statute did YOU violate?

Find yourself a local attorney....
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Mari333 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 08:54 PM
Response to Original message
63. (((((symbolman)))))))
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walldude Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:15 PM
Response to Reply #63
66. Man, I feel for ya
I had some serious problems with my ex. Here in Colorado a father has no rights. When I told my ex I wanted a divorce (after she told me that she and some friends had to go to the mountains and build a copy of Stonehenge to stop the government from creating a paradox with the time machine they had built, seriously, she just totally lost it ) she called the cops and told them I had been beating her. They came that night and arrested me on her word alone. I couldn't afford a lawyer, the ACLU will not take family cases, and it was her word against mine. I spent a year in and out of court and ended up pleading no contest to get probation and anger management classes and avoid jail time. Luckily she's a nutcase and told lots of people about this "time machine" thing so when the divorce case came I had alot of people support me. I ended up with the kids and no alimony payments. But now I have a record of "domestic abuse" and if I ever have to change jobs it's not going to be easy. I wish I could help you but all I can say is karma always comes back eventually. She'll get hers in the end. I know it's not much help while you are staring down a year in jail, but hang in there. You have alot of support here and our thoughts will remain with you...
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Tamiati Donating Member (146 posts) Send PM | Profile | Ignore Wed Jun-23-04 12:11 AM
Response to Reply #63
74. You ARE a Strong character
Really Mari, I commend you on your spirit....You are one tough gal....O8)

Gives me hope for all of us....:)
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Lostnote03 Donating Member (850 posts) Send PM | Profile | Ignore Tue Jun-22-04 09:09 PM
Response to Original message
64. Contact Your Atty.Gen......
.........I forgot the legalsleeze term for state cooporation wrt interstate prosecution however much can be done with a couple of letters and a phone call....Best Of Luck to you, your sons, and your ex as well.......
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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:10 PM
Response to Original message
65. Damn!
That sucks. I hope you get a good lawyer....I hope you get a lawyer. I'm slightly familiar with the judges in that part of the world...
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LTR Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:29 PM
Response to Original message
69. Alabama is chock full of Repugs
Edited on Tue Jun-22-04 09:30 PM by RatTerrier
But their state assembly is controlled by Dems.

Campaign Underground's Alabama page:

http://www.democraticunderground.com/cu/cu.php?az=state&state=AL

Contact a Dem in the state senate or house. Or one of the state's two Dem congressmen.

More info here:

http://www.aladems.org/
http://alabama.gov/government/index.php


Best of luck to you. Sounds like your getting screwed by Roy Moore's cronies. You need all the help you can get. I wish you well.
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 09:49 PM
Response to Reply #69
70. That reminds me, Will Pitt's dad, Redding Pitt, is the AL Dem state chair
may want to PM the mighty Will to see if any help could be forthcoming from that quarter.

http://www.aladems.org/officers.asp
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LTR Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 10:01 PM
Response to Reply #70
71. Gotta love DU connections
I saw the name and I wondered if there was a relation.

Nice find.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 01:49 AM
Response to Reply #71
78. Will offered the help
of his fine father, but he's pretty busy, gave me some good leads tho..

I'm going to take everyone's advice and hit it some more.. all this good advice shouldn't go to waste..

Like I said before, I've gone through about 5 lawyers now on both cases, some are still in play - they all want the money.. might as well just walk into the courtroom and stack your money up on the table in front of the Judge and the one with the tallest stack wins the case..

but these people do it for FUN..

I may try and get a short version up if someone wants to push it and write about it, but I'm a bit afraid of giving out any names or places as it might get back to them before I can get out of the state..

looking into the Habeus Corpus scene.. looks like they made some changes to that since the Patriot act that won't help my cases.

at the very least I'm waiting for the Congressman to call back..

THANKS to all for the hugs, and good humor, and advice - I'm pretty sure I'm gonna make it, but it sure ain't gonna be easy, the worst part is, is that we are planning a huge Media Summit near Boston right before the Democratic Convention with some real media luminaries to show up, and I'll be sitting in the can with some not so Enlighted folks..

I'd rather be making flash movies..
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Solon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 02:40 AM
Response to Reply #78
79. Can you have your lawyers can file an ethics complaint against her...
lawyer? It seems to me that he is both her lawyer and the prosecutor, that seems to be a conflict of interest if I ever saw one. Also you may be able to file a complaint against the judge as well, since politics seems to take front seat in this case, it sounds like he should have thrown out her suit after only a cursory examination, because she has little legal standing at all. Same for the criminal case.
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symbolman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 05:17 AM
Response to Reply #70
80. Thanks
I wrote Will's dad last night..
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Tamiati Donating Member (146 posts) Send PM | Profile | Ignore Tue Jun-22-04 10:52 PM
Response to Original message
72. Interpretation
of the law is becoming so broad and vague these days...which really bites the big one...

I'm with you on the facism, anything said CAN & WILL be used against you in some way shape or form.....especially in family courts after the big push of domestic violence....(pleazzzz)

Not just in Alabama......

Up here in the midwest my husband was convicted on assault charges after he had broken our window out of OUR front door.....(yes, he was drunk out of control, however assault)?? I thought assault was to beat someone up or something of that nature.....in fact when you use the thesaurus for assault the other words that can be used are physical attack, beating, stabbing, mugging, or battering.....how the hell do you do that to a front door window????

The law of the land is no more, it's the law of whomever "they" happen to be in power at the time in any given place......and how bad they want to get rid of you....

Sorry to hear of your troubles, my hubby & I have ours too.....
SO BE CAREFUL EVERYONE OUT THERE.....YOU COULD BE THE NEXT TARGET!
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Zan_of_Texas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-22-04 11:58 PM
Response to Reply #72
73. Well, this has obviously been a rough 3 years.
I am thankful that you have been able to do such wonderful flash work while undergoing this tough stuff.

I can tell you what I know about law in the South, having worked at major law firms for over a dozen years. It's about relationships.

I've seen the judges come to the top dog lawyers' offices. They party together; here the judges are elected, so they have to raise money. Judges often come from the top law firms, so they not only KNOW them, they ARE them.

I've seen NY attorneys come and argue a slam dunk case in a Houston court (and Houston is a big city, not a small Southern berg), and nearly get completely chewed up and spit out by a Houston jury, because we don't much like the NY lawyer attitude here -- in fact, we had an informal contest making fun of NY lawyers' attitudes at a major Houston law firm. (Hey, I'm not trying to antagonize all you NY lawyers -- I'm just telling you there is a regional attitude, and if you want to win here, you need to understand it.)

My point is, and those of you who ever get in trouble in the South should remember this -- don't have ONLY outsider lawyers on your team. Get well-connected locals to do some or all of the interaction with the court.

Maybe you already did that.

In terms of publicity, and connections, that Will Pitt one sounds great!

What about asking some of the other people in your field if they would donate one original cartoon panel or one something -- signed book, anything, for a live or on-line auction to raise defense money for you? Or, even just pay your rent while you're in jail, if it comes to that.

Nobody wants their free speech rights crushed by these jackboot thugs.

Get the case transcript and have available the pertinent portions for public support or reports.

And, do yourself a favor and don't refer to the person you married as a psycho. Maybe she is, but it doesn't make your case any stronger.

Good luck, wish I could be more helpful.
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 05:35 AM
Response to Reply #72
82. Definitions...
A lot of it turns on the legal definition of words, which is often at variance with commonly understood definitions.

Assault, for example, can be defined in several ways, depending on jurisdiction. One definition would result in a person being charged with assault if that person "acts in a threatening manner to put another in fear of immediate harm." Breaking a window could fit that definition.

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vetwife Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 12:13 AM
Response to Original message
75. Symbolman.......Get Air America in on it.....I am in Ga, and this is pure
Edited on Wed Jun-23-04 12:16 AM by vetwife
fascism at its best ! When I posted your links on my vet site you would not believe the email I got and how I linked to other vet organizations of your Chickenhawk Hall of Shame. Many Many veterans loved that work but you are fighting the real big boys now.
Do go public and someone needs to call Vietnam Veterans Against the War. Or Bush AWOL........Get some traction here !
So sorry...hang in there ! Get Max Cleland in on it ! He isn't Senator anymore but he knows the Old boys in Alabama. And he knows how they play dirty and he sure don't like Chickenhawks !
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Swamp Rat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-23-04 06:00 AM
Response to Original message
83. Dear Artist Symbolman
I hope you resolve these issues and find peace very soon. You are an enormous talant and I'd wager a wonderful father.

One of the reasons I ended my career as a lurker (since 2001) was because I was compelled to by folks like you... mopaul started a thread about rebels and called me out of the shadows.

As an artist, I too have been compelled to express my frustration with the Bush cabal in various mediums. On many unhappy occasions in my life I have relied on playing music, all by myself, to relieve the stress. I hope you too will employ your talant and skills to help you pull through this crisis.

peace
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