L-O-N-G POST: Cathing up over the last week or so

[simplymare]

Sunday, June 6, 2010:

Wow, we're six days into June already and this is my first real journal entry for the month? I'm already behind! Let's see if I can catch up a little bit.

Trek Stuff: Well, June 2nd was Zachary Quinto's birthday, for one thing. He's the actor who plays Spock in the new Star Trek movie(s). And speaking of Trek, my serial story "The Pon T'Keshtan" on FanFiction continues to garner rave reviews, and readership was up to 1300 at the end of last month, so I'm pretty proud of that. I also self-published my screenplay "The Ek'tevan Prerogative" on Lulu and hope to have a hard copy of it within the next week or so.

School Stuff: I'm still doing well at Heald College (4.0 GPA) and am really enjoying it. My paralegal classmates at Heald College, Danielle hadn't been in class lately because she's been helping her husband in a custody battle over his children. She returned to class on the 3rd to let us know that, with all of the education she got during the paralegal classes, she was able to go up against an attorney and helped her... husband regain sole legal custody of his kids. We were so proud of her!

Job Stuff: Marty's former employer called the temp agency back to see if they could get Marty to come back to them. He said he would, if they paid him better wages -- and they agreed to do that! So, he's going back to work today! YAY! GO, MARTY!

I continue to look for work, but am having a helluva time getting even a nibble; at age 55+ I'm "too old" and have "too much experience" for employers. It's really frustrating... and the EDD still owes me money from my last claim with them; and I have a telephone interview with them on the 13th for my "new" continued claim.

FB Stuff: On FaceBook I've been able to reocnnect with Marge Winters, my supervisor at Youth and Family Programs so many years ago, and Marie Dimmick who was a social worker there. Marge is still living in Cottonwood and is retired. She just went through her second knee surgery, after returning from a trip to Mexico (which she loves). She still has her standard poodle, Sam. I also got a "friend request" from Tracy Foster-Olstad, another formersocial worker and former co-worker.  Shortly after that, I got an FB message from Ruth Collier, who was also our co-worker at Y&FP.  So it was like "old friends weeks" on FaceBook!


House Stuff: There still hasn't been anything posted here on the Cabrillo house, so we're not "forced" to move just yet. Marty and I went over to the Nona Street house with his friend Scott (who owns the place) yesterday, to see what kind of condition his son had left it in. It was messy and dirty, with holes punched in almost every wall and obscene graffiti left on the front of the refrigerator (?!), and a jungle of a back yard, but nothing is irreparable. Marty and I said we'll be happy to assist with the clean up. It should actually be kind of fun to "resurrect" the place -- and Marty is always the Best Tenant Ever, so Scott won't have to worry about the house falling into disarray again.  At the Cabrillo house we're almost all packed up. I have so little, I can get most of it in my car.

Other Stuff: Yesterday I was in a cooking mood, so I made us biscuits and gravy, sausages and eggs for breakfast (there's a corpnary waiting to happen, huh?), and for supper I made us baked chicken, and ravioli in alfredo sauce. Yum-my! During the day Marty and I went out for some errands (I needed to deposit some of the EDD checks, and he needed to get some stuff from Home Depot). While we were in the store, he got a text message from his friends Scott and Todd saying they needed some help with the food for the car club meeting they're having today (Sunday), so when we were done with our errand, we went over to their place. This was the first time I got to meet their new dog Mobeel, the white Lab/Shepard cross rescue dog who is almost a twin to their other dog, Otto. (Otto-Mobeel, automobile, get it? Hah!) And I always love seeing their little white Scotty-type dog, Rowdy. He's super-old, but still funny and active.

Anyway, while we were there we helped put together teriaki chicken skewers and fruit kabobs (while listening to disco music!), while Scott frosted cupcakes, and Todd supervised. We were there for hours, and although I really enjoyed being able to help out, I discovered that I can't be on my feet for that long without sitting down... I was sooooo exhausted afterwards! I'm such an old woman. Hah!

Monday, June 7, 2010:

From Matt: The following is from my brother Matt about his daughter Genevieve ("Vivi"). Allow me to brag on my daughter again... You might recall my writing about Vivi being the editor for her high school yearbook, and how the administration censored one issue, leading to all kinds of bad press for the school, and ultimatley the state government modifying a law so charter school have to honore students' Constitutional rights. So, last night, Vivi received an official Resolution from the California State Senate, signed by State Senators Yea and Correa. The Resolution was presented by Sen. Correa at the headquarters of the Orange County Register newspaper, withhe Register chief editor on hand, as well. The attached photo is Vivi receiving her Resolution from Sen. Correa...and Vivi designed and made the dress she's wearingProud parents we are. As an aside, the photo was taken by the same woman who took Vivi's senior pictures. The woman showed us a sample student photo book she was offering for sale, with padded cover and heavy stock pages. The sample was a collection of Vivi pictures. --Matt

EDD Stuff: I got from the EDD today the "Continued Claim" forms for November 1, 2009 through December 31, 2009 that they lost or threw away before -- but for which they still owe me about money in compensation. Because I have to fill all of these form out AGAIN, the EDD can delay paying me for another 7 to 14 days, but at least I have proof now that they received my complaint about the missing weeks/funds. Idiots. I'll put the forms back in the mail tomorrow.

Gus Stuff: I also got a letter today from the State Bar of California regarding the complaint I had filed with them against Gus Bridi, the attorney who said he'd take on the mass tort suit against the real estate scammers, lead us victims on for months without ever doing any work on our behalf, and then ditched us without a reason. The State Bar tells me that my complaint has been turned over to the "Enforcement Unit" and that an Investigator (Podina Brown) and a Supervising Trial Counsel (Joseph Carlucci) have been assigned to the case for "further investigation and prosecution, if warranted". Well, I think it's pretty obvious that Gus's handling of our case qualifies as "legal malpractice", now it's just a matter of whether or not the bar thinks his brand of malpractice deserves legal prosecution.  I'll just have to see how things pan out.

Wednesday, June 9, 2010:

Yesterday, I called Podina Brown, from the State Bar, and talked to her for a few minutes. She needs a copy of my contigency agreement with Gus, so now I have to locate it. I thought I had sent it to her already, but... She also asked that I contact the other victims and have them either call her, or file complaints against him on the State Bar website, so she can add to the trial documents against him. She's said she'd contact him to see what he had to say before making a decision about whether or nt to press malpractice charges against him. She said her office is the "disciplinary wing" of the Bar, and has the power to do all sorts of things -- including full disbarment (although that almost never happens -- unless a lawyer murdered his client or something). It'll be interesting to hear what Gus has to say, if anything, about all of this.

School Stuff: In Civil Lit class, I got a 100% "A" on my Defendant's Trial Brief exercise, and I was really pleased with that. Mr. Cashdollar says he doesn't make a habit of giving out "A"'s, so I feel doubly good about that kind of a grade from him. Our next assignment is a full Motion for Summary Judgement (asking the court to dismiss the case on the bass of law because there aren't any facts in dispute), along with a Notice and attachments. In the MSJ, we have to state what the facts are, apply them to law in the case, and then site case law that supports our contentions, so it's a big "a-lawyer-does-this-kind-of-thing" deal that is a big chunk of our final grade. I enjoy the process, even though I'm not well-versed in the law itself at all. I'm putting the final touches on that today; it;s due tomorrow. We students also did an LES (teacher evaluation) on Mr. Cashdollar, and I gave him a glowing review. I REALLY enjoy learning from him; he's an exceptional guy. I like and admire him a lot.

He not only teaches us in class, he also sends us e-mail about different things about the law in the news or topics that come up adjacent to discussions in class. For example, when I brought up the fact that the Supreme Court had recently ruled that suspects have to TELL the authorities they're invoking their right to remain silent BEFORE the cops read them their rights under Miranda, he talked about Miranda and then sent us an e-mail about Judge scalia's take on the issue. Miranda was never put through the Legislature, so technically it isn't a "law" as our legal describes it. It was a "right" put forth through case law BEFORE any legislation on the issue had ever taken place (so it's kind of bass-ackward). His e-mail read in part as follows:

The Debate Over Miranda v. Arizona, 384 U.S. 436 (1966)
Many people, including myself [Mr. Cashdollar], believe that the decision in Miranda was nothing more than judicial law-making - an improper use of the judiciary.  My beliefs pretty much track those of Supreme Court Justice Scalia's.  **The majority of the following is not my writing, but writing lifted from various sources.

THE SCALIA DISSENT
1.  The High Court did not just apply the Constitution when it handed down Miranda; it expanded the Constitution, imposing an immense and antidemocratic prophylactic rule upon Congress and the states. It was an example of raw, judicial power that simply asserted a constitutional right.
2.  Preventing foolish people from incriminating themselves is the only purpose of Miranda, and that is a far cry from what the Fifth Amendment requires in terms of protecting someone from being compelled to incriminate themselves.  Nor is a lawyer required because the interrogators can do the same as any lawyer can -- tell the suspect they have a right to be silent. The Constitution is not offended by a criminal's commendable qualm of conscience or fortunate fit of stupidity.
3.  There is no support for a Miranda right in history, precedent, or common sense. In fact, later cases, such as the 60 or so that the Court has heard in the 34 years since Miranda have easily undermined its doctrinal underpinnings and pointed out that its application and enforcement is problematic.
4.  Miranda should not be preserved simply because it occupies a special place in the public consciousness. There is little harm in admitting that we made a mistake in taking away from people their ability to decide for themselves. By overturning Miranda, we reaffirm for the people the reality that they govern themselves, as stated in the Tenth Amendment.
5.  Scalia strongly disfavors the Court's ruling in Miranda v. Arizona, which held that a confession by an arrested suspect who had not been advised of his rights was inadmissible in court, and voted to overrule Miranda in the 2000 case of Dickerson v. United States, but was in a minority of two with Justice Clarence Thomas. Calling the Miranda decision a "milestone of judicial overreaching", Scalia stated that the Court should not fear to correct its mistakes.

Interesting stuff, huh?

In my Legal Office Management class we had a new substittute teacher, Sharon Goodwin, because Mrs. Hill had to go out early on maternity leave. She's okay, and the baby is okay; she's just been having "swelling" issues and her doctor doesn't want her on her feet in the classroom anymore. We all already miss her. She was a fantasic teacher! Ms. Goodwin seems to know legal office stuff pretty well, although she didn't speak to her credentials at all so I don't know what they are, but she wasn't able to keep much of a rein on the class; she needs to speak up and assert herself (and some of the students need to just shut up when class is in session.)


Writing Stuff: I published the 18th chapter of my "The Pon T'Keshtan" Trek story on FanFiction.net and am diligently working on Chapter 19. I so much enjoy the process of writing; it takes me out of myself, makes me use my logic AND my creative brains, and is actually relaxing, even during the tough spots. Again, several readers were generous with their reviews; and this kind of "instant gratification" actually helps me in the writing process. It keeps me motivated and it keeps me on track with what the readers are thinking, feeling or confused about. A few of the reviews read as follows:

StageManager: You really surprised me this time with your newest twist. Even after learning of Amanda's katra, I realized it was a factor, but I did not understand the importance it played in Spock's meltdown. As a mother myself, when you explained that she had witnessed her son's degradation, I felt ill. Everything clicked once I had that information. What a brilliant storyteller you are.

Linstock: Am awed at how you managed to pull all Spock’s experiences together to give the reader a clear understanding of the events as he saw them. I am torn between wanting the posts quicker so I can keep reading and wanting them to come slowly so the pleasure is prolonged. Great work.

Diddlepie: Another wonderful chapter. I enjoyed the flow of this one. The timing between scenes seemed natural, but always adding tension. You caught just the right time to end many things answered, but more questions poised. Loved this line: "This point was a memory, that point was a memory, but everything around them was an empty, hollow vacuum." Thanks for a great read!


Fun Stuff: My youngest brother, Matthew, e-mail all of the family to tell us about NASA's latest gimick to get people interested in shuttle flights again. It's called Your Face in Space, and you submit a photo (or just your name) of anything you want, and it goes up on a shuttle and flies around through space. Once the space flight is complete, you go back to the NASA website and download a certificate that proves your face wnent into space! Hah! I submitted a photo of myself with my Director's Award certificate from Heald College, showing my 4.0 GPA.

The mission with my face on it is: STS-134
The scheduled shuttle flight is in: November 2010
My confirmation number is: STS134P000058942303

How fun is that?!

Melissa Update: The following was from Monica; she spoke to Lissa who's been diagnosed with emphazyma and helped her feel better...

Did I say I was on oxygen? If I did, it was a typo. I’m not on oxygen, but I do use a wheelchair if I have a lot of walking to do. I spoke with Melissa this morning. Her appointment’s at two and she said she’d email us all with the results of her visit. We talked about her symptoms. If she has emphysema, it’s at the very early stages. I described my symptoms and what brings on distress. She is nowhere near that point. I told her what inhalers I was using, and we talked about a nebulizer (which I don’t have), but she’s not at the point where she’ll need all that. I let her know that the John Hopkins site’s prediction of only 3-4 years to live didn’t sound right, and not to worry about it. Hans was 83 when he died. He drank, smoked, and had emphysema. He smoked with his oxygen tank right there. Told her If he could make it to 83, we should have no problem. She wasn’t so worried about herself, but didn’t want to die before her dog did. She was concerned no one would take the dog with it’s social issues and heart problems. I suggested she talk to Mary about that. Knowing that the dog will be cared for would relieve a lot of her worry and anxiety.I think our chat cheered her up a bit. Beaky, I’m glad you’re out there. Your presence keeps her centered, and you have a calming effect. Just knowing you’re close by helps her a lot.

Legal Stuff: I got a long e-mail from the Department of Justice regarding my victim's rights, the new case number, etc. It follows:

US Department of Justice Victim Notification System‏
From:Senta Parker (fedemail@vns.usdoj.gov)
Sent:Tue 6/08/10 9:47 A
To: Mary Hanson (simplymare@hotmail.com)
U.S. Department of Justice, United States Attorney's Office
Eastern District of California
501 I. Street, Suite 10-100
Sacramento, CA 95814-2322
Phone: 18888733480
Fax: (916) 554-2900

June 08, 2010

RE: United States v. Defendant(s) Cheryl Ann Hitomi Peterson, Darrin Arthur Johnston, Todd Allen Smith, Jeremiah Andrew Martin
Case Number 2009R00112 and Court Docket Number 10-CR-00191

Dear Mary Hanson:

The United States Department of Justice believes it is important to keep victims of federal crime informed of court proceedings. This notice provides information about the above-referenced criminal case. If you have any questions regarding this letter, please contact either Sean Vassar at 916-554-2907 or Senta Parker at 916-554-2783. The toll-free number above is for callers within the United States. International callers should call (916) 554-2817.

Charges have been filed against defendant(s) Jeremiah Andrew Martin, Todd Allen Smith, Darrin Arthur Johnston, Cheryl Ann Hitomi Peterson. The lead prosecutor for this case is MATTHEW C STEGMAN. The main charge is categorized as Mortgage Fraud.

The Crime Victims' Rights Act gives victims of criminal offenses in Federal court the following rights: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime, or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; and (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.

Please be aware that many criminal cases are resolved by a plea agreement between the United States Attorney's Office and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before a trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please contact the prosecutor assigned to this case or me.

We will make our best efforts to ensure you are provided the rights described above. It is important to keep in mind that the defendant(s) are presumed innocent until proven guilty and that presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to these rights or other related legal matters.

A status hearing is scheduled before Judge John Mendez for June 22, 2010, 09:30 AM at Courtroom 6(JAM), 501 I Street, Sacramento, CA 95814 for defendant(s) Jeremiah Andrew Martin, Todd Allen Smith, Darrin Arthur Johnston, Cheryl Ann Hitomi Peterson. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates. Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the web site to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the web site.

Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the web site to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the web site.

If you have any questions regarding this letter, please contact either Sean Vassar at 916-554-2907 or Senta Parker at 916-554-2783. The toll-free number above is for callers within the United States. International callers should call (916) 554-2817. The Victim Notification System (VNS) is designed to provide you with information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this case on the VNS Web site at https://www.notify.usdoj.gov or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. In order to continue to receive notifications, it is your responsibility to keep your contact information current.

You will use your Victim Identification Number (VIN) and Personal Identification Number (PIN) anytime you contact the Call Center and the first time you log on to the VNS web site. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is Hanson.

Remember, VNS is an automated system and cannot answer questions. If you have other questions which involve this matter, please contact this office at the number listed above.

Sincerely,
Helene J. Tenette
Victim Witness Coordinator

That's pretty kewl, huh? I haven't decided yet if I'll go to the status hearing; those are pretty boring, but I might go just so I can see what these people look like (and to meet the DOJ counsel).

Thursday, June 10, 2010:

Melissa Stuff: We got an e-mail from Lissa and she's feeling much better now that she's actually talked to a doctor. She writes:  I saw my doctor today regarding the diagnosis I got last Friday. Have been really scared and stressed over the past five days, waiting to talk with her.  She told me the emphysema is very mild right now, but will be with me the rest of my life. Her first suggestion was to quit smoking, which I have been trying to do the last month or so. She doesn't want me to go "Cold Turkey", but to gradually decrease the amount I smoke each week. Right now, I have 8 a day. She said to cut down to 6 a day starting next week; then 4 a day the following week, and to up my use of xanax from 1/4 tablet to 1/2 tablet a day, since my smoking is stress related. She also suggested physical therapy, such as walking, gradually lengthening distance each week; and breathing exercises.  I see her again the end of next month for my quarterly med check and she'll give me another spirometer (lung capacity) test. She suggested Chantix as a method to quit smoking, but I told her no because of all the side effects. I'm much more relieved now that I've talked with her. It was a dreadful past weekend - worry, stress, anxiety, but this helped tremendously.

I'm glas she passed on the stop-smoking medication; he body doesn't need that kind of junk in it. Lissa is a strong person; she can quit by herself if she puts her mind to it. And I'm sure Beaky (Mark Jr.) would enjoy daily walks with her; he loves trekking around.


School Stuff: In Civil Lit 2 class today we all got so involved with the class that when the instructor, Mr. Cashdollar told us to pack up, because we only had 3 minutes left in class, we all whined because we wanted to STAY! Now that REALLY says a lot for how fascinating the teacher is, doesn't it? Today, we were supposed to turn in our final project: a motion for summary judgement and a DUF, and I was the ONLY person in the class who finished it and turned it in on time! Go me!

It was also the birthday of my classmate Christina, today, and in Legal Office Management class we had a cake for her and balloons. Coincidentally, the college was having its Ice Cream Social today, so we got free ice cream to go with our cake! Hah!

So there you are, all caught up... you can a break to pee now.  Hah!