| 2/28/09 |
Well, tsk, I should have had an
update posted long before now. Given how excited I was about
our bison bill, reports of its demise very nearly didn't make
the news, outside of the Chronicle
and Gazette.
I still haven't seen anywhere close to the full story, though,
and have been stewing about it (no big surprise), but no sense
beating around the bush, might as well just tell what happened.
Besides, it was masterful political theatre, and my hat is
off even
though we were pwnd like noobs. Which of course we are, and
now I see why those who can afford it have full-time lobbyists
at the Legislature.
Anyway, after our remarkable committee
hearing, where we filled the old Supreme Court chambers
overwhelmingly with supporters, we were of course anxious to
find out when executive action (meaning a vote) would be taken.
Nobody knew. I mean nobody, including nearly all the
committee members, and the legislative staffers who assured
us it wasn't on the agenda and a vote wasn't happening right
away.
But then GWA board member Jim Wisman was doing some of this
amateur (not to mention bi-partisan) lobbying and called a probable
opponent of our bill, Rep. Ken Peterson, who told Jimmy it was
old news, they'd just killed it.
?!?
But alas, this was true. A completely modified version, stripped
down to just the private property rights aspects went up for
more-or-less immediate vote, and big surprise, went down in
bi-partisan defeat! So at least we got bi-partisan cooperation
on something, although in this case it was a Democratic
defector we didn't know about (noobs, again...), and so then
our Republican supporter Ted Washburn thought "better"
(ahem), and maybe someday we'll hear what sort of cruel
and unusual measures he faced.
Oh, well.
I was corresponding at the time with relatives in Kazakhstan
(no, not Borat, far from it in fact), there on a teaching exchange,
who just laugh when I complain about politics. The Blagojevich
affair was ongoing at the time also, and I said the Kazakhs
undoubtedly put Montana in the shade, but that we might give
Chicago a run for it. Except for money changing hands, maybe...

But then fortunately my faith was restored somewhat, thanks
to (of all things!) jury duty. My number was up, thankfully
at what passes for the "slow" season around here.
Nearly 60 other people found themselves in the same boat this
past Tuesday morning. I found out much later (along with many
other things) this was because there might have been two trials
up that day, the other a multi-day felony affair, and so ~100
potential jurors were summoned, assuming correctly somewhere
around 1/3 would have vanished from the planet.
But then luckily the felony fiasco was put off due to legal
maneuvering, and I'm assured that by purely random means I was
one of the initial dozen potential jurors called up. As it turned
out, for merely a "careless driving" charge, although
we were immediately assured it was far more than that, and they
were right.
Oddly enough, this was about charges resulting from a head-on
collision between a snowplow and a FedEx driver (on her way
to work), back in November '07. This took place on (as I can
well attest) frightfully narrow Valley Center Road, which has
ditches resembling the Grand Canyon on both sides, although
this collision occured just after you get past the worst of
it.
This was ironic, and I'm still kind of amazed I was chosen
for the jury, as we had our own collision with a county road
grader many years ago. Fortunately at much reduced speeds, and
in retrospect funny on some levels. A similarly horrendously
icy morning, one of those times when you step on the brake and
accelerate, we met at the intersection of McIlhatten
and Manley roads and slid into each other. Actually I slid into
his left front tire, colliding with (this was back in the '80's)
the spare tire I had on the grille guard of my Chevy pickup.
Didn't hurt the pickup a bit, but flattened his front tire!
And, he got a citation for being in the wrong lane, but as I
pointed out in the jury interview, at that time the intersection
was basically a one-lane affair (since rectified, a direct result),
and the driver and I rapidly became acquainted, not to mention
his daughter wound up working for us and is now the neighborhood
road grader driver herself! Yes, it's a small world after all.
Still, you'd have thought this could be viewed as prejudicial,
but no, to my dismay I was one of the final six chosen, for
better or worse.
As I've mentioned, it restored my faith in the "system"
somewhat. In this case, I think we had a pretty good jury. The
guy we chose head honcho (by a coin toss, and who wore shorts
to court in February!) had extensive experience with Commercial
Driver License holders and related issues, and certainly the
professional ramifications for the FedEx driver (who also handles
a lot of their local safety training) seemed uncalled for under
the circumstances. Not to mention the attending officers hadn't
even bothered to take any measurements, and in retrospect, even
moreso now it appears to me conditions must have been like yesterday
around here!
The weatherman missed it again, and a storm that was supposed
to go north of here hammered the Gallatin for a change. I had
a late afternoon appointment in Belgrade, and arrived to traffic
chaos. Accidents and flashing lights, at first at manageable
levels, but then escalating as rumor had it there'd been a bad
one on I-90, and others on the frontage road in both directions,
and mercy, it was a skating rink!
So yes, what little "evidence" we had were photos
showing a similar situation. Four of us immediately agreed the
defendant was "not guilty". I think we were somewhat
dismayed it wasn't unanimous, but the others didn't buy some
aspects. Again, in retrospect those concerns become even clearer,
when we learned after the fact this was an appeal, and she'd
been found guilty the first time around. So they'd already been
through this once. Once too often it appears.
Anyway, we rapidly came to agreement there was no doubt fault
on both sides, but hey, especially given the professional ramifications
the charges seemed excessive. Not to mention the circumstances
were odd, with charges only filed immediately after a claim
was filed by the defendant, in spite of assurances to the contrary
by the investigating officer.

So, it's not a perfect system, but in that case I think it
worked. Eventually, and at considerable expense to the defendant,
who might have a vastly different viewpoint on the "system",
but maybe not...
In any case, I found the experience pretty dang interesting,
perhaps fun even, not to mention it only took one day, and now
I'm off the hook for jury duty for the foreseeable future, so
it's all good!
So I should undoubtedly get away from this desk and go skiing.
Perhaps foolishly, I didn't go up to Bridger Bowl yesterday,
unlike an overwhelming portion of the Bozeman population. Got
some worthwhile stuff done, though, and have no regrets. I think
I'll break out the skinny skis for an outing here on the west
slope of the Bridgers this afternoon, though, before it all
melts again! Higher up, it sounds like conditions are still
marginal in the extreme, in fact the Avalanche Center recently
rated conditions in upper Truman "one
of the weakest in the region", so at this rate my Alpine
Touring gear might not even get used this winter. But at least
my private ski resort isn't going bust, and it'll still
be there when conditions warrant digging out the climbing skins.
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