Karl H. Timmerman M.A.J.D. 2004
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS


APRIL 30, 2004


These are the Ramblings of a small town, (Holden, population 2,700), Missouri, country lawyer. They contain my random thoughts and observations on current events and my life and experiences in the Solo Practice of law.
Compiled here are the Ramblings for 2002 - 2004. 
Archived Prior
Ramblings
In Memorium:
September 11, 2001
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                      2002
 
02-22-02  03-30-02  04-05-02
 
04-21-02  04-27-02  05-01-02
 
05-03-02  05-10-02  05-17-02
 
05-31-02  06-21-02  06-26-02
 
06-29-02  07-04-02  07-05-02
  07-12-02  08-02-02  08-10-02
 
08-21-02  08-23-02  08-30-02
 
09-06-02  09-11-02  09-11-02F
 
09-13-02  09-20-02  09-27-02
 
10-04-02  10-11-02  10-18-02
 
10-25-02  11-01-02  11-08-02
 
11-15-02  11-22-02  11-29-02
 
12-06-02  12-13-02  12-20-02
 
12-27-02

                      2003
  01-03-03  01-10-03  01-10-03R
 
01-17-03  01-24-03  01-31-03
 
02-07-03  02-14-03  02-21-03
 
02-28-03  03-07-03  03-14-03
 
03-21-03  03-28-03  04-04-03
 
04-11-03  04-18-03  04-25-03
 
05-02-03  05-09-03  05-16-03
 
05-23-03  05-30-03  06-06-03
 
06-20-03  06-27-03  07-04-03
 
07-11-03  07-18-03  07-25-03
 
08-01-03  08-08-03  08-15-03
 
08-22-03  08-29-03  09-05-03
 
09-12-03  09-19-03  09-26-03
 
10-03-03  10-10-03  10-17-03
 
10-24-03  10-31-03  11-07-03
 
11-14-03  11-21-03  11-28-03
 
12-05-03  12-12-03  12-19-03
 
12-26-03

                      2004
 
01-02-04  01-09-04  01-16-04
 
01-23-04  01-30-04  02-06-04
 
02-13-04  02-20-04  02-27-04
 
03-05-04  03-12-04  03-19-04
 
03-29-04  04-02-04  04-09-04
 
04-16-04  04-23-04  04-30-04
To post a "comment" to the "Comments Page"
Greets and Huggers.  Posted the evening of April 30, 2004.  My dear Lady friend, Susan Decker posted on Wednesday, "We have a responsibility to our soldiers to make sure they have homes and jobs to come back to.", (AMEN!!!),   while the Kansas City Star, on Wednesday, had an article about the Missouri Veterans Commission Capital Improvement Trust Fund running out of money next year, (after having $81 million dollars, held in trust, 4 years ago).  The Commission is supposed to oversee Missouri's seven nursing homes for elderly war veterans and veteran's cemeteries.  In 1994, part of the revenues from Casino Admission Fees were diverted to the veterans trust fund resulting in capital influx of approximately 30 million dollars per year. Enough yearly income to take care of our aging/disabled Missouri Veterans in nursing homes and ensure an honorable burial.  In 1999, then Governor Mel Carnahan, "hijacked" all but 3 million dollars per year to fund "early childhood development programs".  Thereafter, our enlightened elected representatives "diverted" 15 million dollars from the $81 million, held in trust,  to improve the Liberty Memorial, 10 million for other veterans memorials and 3 million to coin veteran medallions.  No need to have a "trust fund" next year because there will be no money left.  I am sure, our elderly disabled veterans will really appreciate the view of the renovated Liberty Memorial, while they are living in a box under the viaduct ... and the veterans medallions  ....  will look really nice on the front of their shopping carts.  Let's put it in perspective:  next time you are shopping at HyVee or Price Chopper, go to the produce section and look at the selection:  row upon row of the best this world has to offer.  BUT FOR the sacrifices made by our men and women in uniform, past and present ... do you really believe we would have such choices, such options ... and the FREEDOM to make simple every day decisions about our lives?  Freedom is not free: many have paid the price ... and  there are folks making payments right now. WE OWE THEM!!  Our debt of gratitude has come due:  how could any honorable person not pay it??  Shame on our elected representatives:  shame on you and I for not holding our elected representatives accountable!    As an aside, isn't it interesting, that if you violate a "trust fund" for ultra vires purposes on the civilian side, you can get sued for breach of a fiduciary duty:  yet on the governmental side, our legislators, acting on our collective behalfs, can use "trust funds" as a "slush fund" to further their political agendas? No direct accountability?  Wonder if that is what our Founding Fathers envisioned?  'Nuff said.

Tomorrow, we will be celebrating 
May Day, (Beltane or Roodmas).     May Day was the pagan precursor to Easter ... a celebration of re-birth, renewal, fertility.   May Day is celebrated in Hawaii as "Lei Day" ... Hawaiian folks go out and and celebrate re-birth, renewal and fertility by getting "Lei-d".   Don't know anyone who does not appreciate a Lei ... no doubt, some are better than others ...  but there isn't a bad one:  at least for the male of our species.  Lady folk on the other hand have shared with me ... a Lei is not as important as the ceremony surrounding the giving of it. Guess flowers have a language all their own.

From the
March 5, 2004 Ramblings: "From Thursdays [March 4, 2004] Kansas City Star:  "A woman charged with causing a fatal car crash said she could not have been behind the wheel because she was performing a sex act on the driver." Seems Heather Specyalski  is charged with 2nd degree manslaughter, (as the driver),  in a 1999 fatal single vehicle accident that killed Connecticut business man Neil Esposito.  Esposito was thrown from his Mercedes-Benz convertible when it veered off the road and struck several trees.  Jeremiah Donovan, (Specyalki's attorney), shared that "Esposito was driving and that she [Specyalski] was performing oral sex on him" ...... he further noted that:  "Esposito's pants were down when he was thrown from the car."  Interesting:  they call it the "Lewinsky Defense".  Geez ....  wonder why?" At the time, I marveled how you could control a high performance vehicle with your pants down?  As a follow up, the jury is in.   I'm happy to share that Ms. Specyalki was acquitted yesterday, (the jury deliberated for less than an hour").   "The sex-act defense rarely surfaced in the trial, but took on a prominent role in Wednesday's closing argument" ....  which only goes to show  ...  one should not underestimate the power of an oral argument.

No one checks into this life with an owners manual:  so those of us with a modicum of intellect, (and those like me with no intellect),  who seek NOT to learn by trial and error, learn  to seek guidance from greater wisdoms. 
The BibleThe Quaran. The Vedas.  The words of Mahatma Gandhi. The BuddaConfuscious. This past week, for me, The Tao, (the way), of Lao-Tzu, the father of Taoism.  Taoism, as a "religion", a way of life,  is a celebration, recognition/understanding and search for balance of opposing natural and internal forces, (symbolized by the Ying and the Yang), for example:   "to truly know good, you must know what evil is, and without good as a comparison, nothing is evil. Thus, while keeping to one end, do not shun the opposite end, but embrace both as they are. Allowing Yin to flourish, you welcome Yang. By letting go of Yin, you are waiting for its return. As an example, before you can possess something, you must be willing to let it go."  The "Three Jewels" of Taoism are:  Compassion because it leads to courage, Moderation because it leads to generosity and Humility because it leads to leadership.  Taoism teaches that government should, (Mitch Moore will love this!), "Do not emphasize status, intelligence, or possessions. Govern with least visibility and with a serving attitude. Reduce laws and govern lightly. Take few actions that involve the people. Treat other countries non-aggressively."  I continue to search and remain amazed at the common threads in all the religions/paths I have looked at this past year:  not the least of which is a recognition that we are an "aware" being/animal.  We are the keepers/trustees of this reality and shall be held accountable, should we violate that trust.  I will keep you posted.

Sitting here in my wheelchair editing these Ramblings and checking the links.  Sipping on some Taylors "Tawny Port" over crushed ice.   It has it's charms.  On the evening news tonight, after declaring a victory, Marines are pulling out of Fallujah, (after losing 58 men).  One of Sadam's generals and a thousand of his minions will take their place.  The general road into Fallujah wearing his Republican Guard Uniform:  a hero being welcomed home.  So share with me ... what is it exactly ... that our 58 young men died for in Fallujah?  Share with me  ...  did we finish what we started in Fallujah?  If so ... I am having trouble seeing it. What about Najah? We pulled out of there as well.  Sadly, I see a politically correct, sensitive to world opinion, business as usual mindset taking hold:  I lost respect for my President today.  In my last Ramblings I shared that our only hope for winning the war in Iraq and the war on terrorism, was the dangling of a carrot and the unhindered use of an "overwhelming stick", (a stick, I opined, I feared, we lacked the political resolve to wield).  From what I see today, both Bush and Kerry, lack the political resolve to do what is necessary to win, (distasteful as it is).  We were "eyeball to eyeball" in Fallujah and Najah, today, we "blinked".  We have now doomed ourselves to a death by a thousand cuts, (each cut being someones son, daughter, brother, sister, mom or dad).  Absent a massive change in mindset, (which will not happen), we will lose, if we haven't lost already.  Declare a victory, (like we did in Vietnam) and bring our troops home:  they can serve no further purpose there, other than being a target.  It sickens me to reach this conclusion because I had such great hopes for the people of Iraq  ...  but we can not help those who are unwilling to help themselves.  Tonight as I drift of to sleep, (holding the greatest partner a man can have), I will say a prayer for the innocent folks in Iraq, our men and women in uniform, (Please, Please, Please, God ... let them come home safe and soon), for Susan and I ... and for you.  Be and sleep well, knowing ... one of our men and women in uniform is a target so you can.  If my post offends, I apologize ... that is not my intent.

A Warm Brotherly Hug
Karl (the dumb ole wheelchair bound country lawyer, from Holden, Missouri)