Donald Sterling, Owner Los Angeles Clippers / Recording of Private Conversations (Part 2)

Not a lot is known, at least to me, about the actual manner in which Vanessa Stiviano recorded her private conversation (the now infamous conversation) with her ‘mentor,’ Donald Sterling.  Was the recording legal?

I’ve read that others, besides Stiviano and Sterling, were in the room when the recording was made.

I’ve read that Stiviano customarily recorded Sterling statements with his knowledge.

I’ve read that the recorded conversation was a very private conversation between Stiviano and Sterling and that Sterling did not know he was being recorded.

The facts regarding how the recording was made are relevant.  And, there could be repercussions, both civil and criminal, for Stiviano.  However, the facts regarding how the recording was made may have no bearing on the punitive actions directed at Sterling by the NBA, once the recording became public.

The recording of conversations, as well as the videotaping of individuals, without their awareness, is a confusing area of law.  I will attempt to summarize.

Just as an aside, this is an investigative technique (recording conversations or making a videotape) that is a continual preoccupation with private investigators, as well as a controversial topic of discussion.  There is, of course, both Federal and State laws that describe what is illegal or legal, presented in a somewhat complex and often not very helpful manner.  In addition, to the laws, with all their intricate nuances, there is a legal principal that applies to recordings and videotaping referred to as:  ‘an expectation of privacy.’  When an investigator violates this ‘expectation’ without an appropriate court order, he or she is treading on thin ice.

Initially, Federal Law seems rather straightforward.  Regarding a recorded, two-person conversation, either in person or on the telephone; it is generally legal if one of the individuals knows a recording is being made.  However…  If you are really interested, or think it might apply to something you plan to do, you must plow through Title 18, U.S. Code 2511, Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited.  It is lengthy, but here is the section that might apply to what Stiviano did:

“It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.”

Additionally, there are other elements of said statute that apply to the publication or dissemination of the recorded conversation, which it appears that Stiviano might have violated; as well as the media outlet that took the recording and broadcast it.

California (where it is believed that the recording took place) is a ‘two-party’ state.  In other words, to record a private conversation, California state law dictates that both parties to the conversation must be aware that a recording is being made – which puts you in a position, consequently, of also being in violation of Federal Law.

As I said initially, it’s complicated.  However, as I also said, this complexity may not matter to the NBA.  The recording was made available to the public.  The NBA had no involvement in the making of the recording or in its subsequent release to the public.  Therefore, they probably are clear to take any action they deem appropriate.

Now, Ms. Stiviano is a horse of another color.

True Nelson

Donald Sterling, Owner Los Angeles Clippers / World Class Racist?

The discussion topic of the moment is, of course, Donald Sterling, previously known as Donald Tokowitz.  Yes, he too is of an often maligned minority group.  He is the billionaire owner of the NBA’s Los Angeles Clippers.  I would like to make some brief introductory comments and then proceed to my area of interest – covert recordings of conversations.

Most everyone is apparently shocked and aghast at Mr. Sterling’s statements regarding African Americans.  And, I don’t intend to defend him.  Based on what I’ve read about his actions now and in the past, he is a bully and an entirely repugnant individual.

His girlfriend, Vanessa Stiviano, approximately 50 years Sterling’s junior, reportedly recorded a private conversation between her and Sterling – during which he made some disparaging remarks about “Blacks.”  This recording was turned over to a newspaper, and the s--- hit the fan.

As we all now know, the NBA Commissioner, Adam Silver, came down hard on Sterling – a $2.5 million dollar fine, Sterling was banned from even entering the door of any NBA facility, and apparently will be forcing Sterling to sell the Clippers.  OK, Silver made a business decision in the best interests of the NBA – and that’s fine with me.  Remember, the NBA is a business, a very lucrative business involving very highly paid employees – namely the players – who are incidentally mostly African Americans (Blacks); although I earnestly wish we could finally all be just Americans.  That is, however, extremely unlikely in my lifetime.

If you listen to the recording of the private conversation between Stiviano and Sterling, and I admit that I’ve not heard the whole thing, what Sterling said is undeniably offensive and ignorant (especially for someone in his professional position and considering that his alleged girlfriend is reportedly half Black); but it doesn’t exactly knock your socks off.  I’m kind of surprised at how shocked most of the public is about his remarks.

Haven’t most of you at one time or another expressed or laughed at an offensive comment about some other group?  Personally, I’ve heard many derogatory statements and jokes involving:  females (blondes in particular) Polish people, Irish people, Mexicans, Asians, American Indians, Harvard graduates, Texas A & M graduates, lawyers, law enforcement personnel, Marines, Army, Air Force, Navy, old people, young people, every religious affiliation, Republicans, Democrats, George Bush, Barrack Obama ad infinitum.  Have I missed anyone?  Are we to believe that Blacks don’t make jokes about ‘honkeys’ and ‘crackers’?  Are we all so oblivious to these tendencies in our own nature, or hypocritical, that we don’t recognize that everyone, with very few exceptions, says things at times that we really shouldn’t?

Let’s just put this in perspective.  Sterling’s problems, and his private comments, have become a business matter involving the image that the NBA wishes to project.  It is all about money.

The recording is about money.  What were Stiviano’s motives?  Who put her up to it?  Who is in a position to gain the most?

Commissioner Silver gave it his best shot and everyone has applauded.  However, a year from now, maybe more, Silver’s dictates will be modified in Sterling’s favor.  Silver knows it.  His actions constituted ‘crisis control.’  It’s about image, sponsors and money.  And, as far as I’m concerned, he could have left his righteous indignation in his office.

There is no greater implication involved.  This doesn’t mean that racial bias against African Americans is rampant in the U.S. or the NBA.  It really indicates nothing significant about American society, other than some rich a---holes like front-row seats at sporting events and like to have sex with pretty, young women.  Moreover, who exactly is the bigger a--hole here:  Vanessa or Donald?

Next, I have a few comments about recording private conversations.

To be continued…

True Nelson

Legalized Recreational Marijuana / US Representative Earl Blumenauer / Bring it on!

Yes, Earl Blumenauer, who I affectionately refer to as the ‘Doofus in the bow tie,’ is for legalized, recreational marijuana.  He is my US Representative; and, undoubtedly will be, until I move out of his district.  As far as I can tell, he is running for re-election unopposed.  As you can see, although I am a life-long resident of Oregon, I’ve come to settle in the wrong part of the State.

If you’ve read my previous two blog posts, you will understand my position on recreational marijuana and why I feel that way.

I would like to point out that Congressman Blumenauer’s position on the marijuana issue is the opposite of mine.  However, I suppose he has a right to his loosely justified position.  He is, after all, singing to the choir.  I’m sure his polling information indicates that most of the Portland Metro area can hardly wait to light-up and eat-up the flood of marijuana products that are on their way.  And, his big brothers, Senators Ron Wyden and Jeff Merkley are also for recreational marijuana.  So, what’s Earl got to lose?

Congressman Blumenauer is a typical politician and I don’t mean that in a good way.  He was educated as a lawyer and never held a real job.

When will we ever learn?

True Nelson

"One of Congress' most pro-marijuana representatives, Earl Blumenauer, is running for re-election in Oregon's 3rd District in November."

Legalized Marijuana / Good Idea? / Part 2

In the discussion of legalized marijuana, I want to set aside the medical uses.  I do think that the medical use of marijuana has some merit for certain conditions.  However, I think the whole process lacks proper controls; and is, as a result, out of control.  However, that’s not the topic of the day.

Regarding legalized marijuana for recreational use, I think it’s a bad idea.  I know many of you disagree.  I’m not going to influence, with my opinion, any of the stoners or potheads; or, for that matter, the government legislators ready to rake in additional tax money.  Nor do I feel that I could, under any circumstances, influence the pseudointellectuals who seem to feel that the time has come to legalize pot.

Nonetheless, I do hope that somehow I can touch a nerve with the many responsible parents and grandparents; and that they, in turn, will recognize that legalized marijuana, in its many forms, is not something society needs.

First, regarding the Levy Thamba Pongi situation, one might say that he was an adult and responsible for his own early death at age 19.  I, on the other hand, think that the person or persons (age 21) who purchased the marijuana-laced cookies and other paraphernalia for Pongi’s consumption should be prosecuted for criminal negligence.

More importantly and generally speaking, I believe that responsible adults ought to spend some time thinking about possible consequences.  We will, undoubtedly, be voting on the recreational use of marijuana in Oregon's near future.

If marijuana is legalized, young people and children will have access and consume marijuana products either on purpose, by accident, or furnished them under false pretenses.  Then what?  Are we not as parents and grandparents responsible for what happens to our children and grandchildren?  If not us, then who?  Law enforcement?  The school?

Don’t attempt to rationalize this, or intellectualize it.  It’s simple and it’s up to us.

Is it not true that (Biblical):  They that sow the wind, shall reap the whirlwind.

or if you prefer...

Is it not true that (modernized version):  They that make bad decisions should expect to suffer the consequences.

True Nelson

Legalized Marijuana / Good Idea?

I suppose many of you recently read about Levy Thamba Pongi, age 19, a Wyoming college student.  He and three friends drove to Denver to partake of the now legal marijuana in Colorado.  A friend of his, who was of the required age (21), purchased some of the various products containing marijuana – including some cookies.  The store clerk told Pongi’s friend to divide each cookie into six pieces, and to eat just one piece at a time – apparently giving the consumer the ability to gradually gauge the effects.

Pongi ate an entire cookie.  After a short period of time, he began screaming and throwing things around the students’ shared hotel room.  He then ran from the room, jumped over a railing, and fell four floors to the lobby below.  He died.  Marijuana intoxication was given as the principal factor in Pongi’s erratic behavior and subsequent death.

Several years back when I was working in corporate security for a major forest products company, there was an incident at one of our Northern California facilities.  A young female employee brought cookies to share with the other employees.  The cookies contained marijuana.  This employee was not totally stupid, or perhaps she was, I guess that depends on your perspective.  She did have sense enough to warn employees offered a cookie that they contained marijuana.  Now, keep in mind that this was a lumber and plywood mill with a lot of dangerous equipment.

Another employee, a young male, decided to give one of the cookies to a foreman who he later described as something of a "bad ass."  The young employee thought it would be funny to watch the foreman make a “fool of himself.”  The foreman, an older male in his late fifties, was unaware of the cookie’s contents.

The result was the foreman went into convulsions, suffered near cardiac arrest, and spent several days in the local hospital’s intensive care unit.

I conducted my inquiry and interviewed everyone concerned.  The young female was immediately fired.  During the interview of the young male employee, he seemed unable to grasp the seriousness of what he’d done – stating repeatedly that it was “just a joke.”

I told him that if he thought the foreman was a ‘bad ass’ before, just wait until he returns to work.  However, I said, “You need not worry about that because you’re fired.”  “And, incidentally,” I continued.  "I will be giving a copy of my report to the local Sheriff’s Office.”

“This is a small town,” I told the young man.  “Some people are very angry and you may want to consider relocating.”

To be continued…

True Nelson

Bubba Watson, aka Gerry Lester Watson Jr (Winner Masters Tournament - 2014)

Off theme for my blog, perhaps; but of interest to me.  I belong to an informal group of golfers.  We try and get together to play when the sun shines in the Portland area.  The group’s honcho also organizes a friendly betting pool on major professional golf tournaments.  Yesterday was the final day of the Masters Tournament – a big deal in the golf world.  Although I don’t really spend much time following golf, I always try to enter the pools just for fun.  Surprise, surprise; yesterday I won.  How did that happen?  I picked Bubba Watson to win – which he did.

Actually my associate and good buddy, the same of ‘I Watson’ fame, thought it was a good idea.  I wasn’t so sure.  But, decided to go with it.  Although, I must say that my Mr. Watson slept through most of the tournament.

However, this got me interested in Bubba Watson, the now two-time winning Masters' Champion.  His given name isn’t Bubba, of course.  His name is Gerry Lester Watson Jr., and he was raised near Pensacola, Florida.  He is 35 years of age.  He was a standout golfer in high school and college (University of Georgia).  While in college, he met his wife Angie who was a member of the women’s basketball team.  Incidentally, she is 6’4” tall and Bubba is reported to be 6’3”.

Bubba's Share of the MastersTournament winnings for 2014 is approximately $1.6 million.

Bubba and his wife and child went to the Waffle House for their after tournament celebration.

Bubba sounds like an all-around nice guy.

Congratulations Bubba!

True Nelson

Watson (photo to right) sends his regards, and then decided to take a nap.

Oscar Pistorius Trial / Did He Murder Reeva Steenkamp? / Probably

Most of the information we receive about the Oscar Pistorius murder trial is undoubtedly filtered through American media channels.  It is, nonetheless, an interesting murder, investigation and trial.  Pistorius, a double amputee, known to most of the public as the Blade Runner, stands accused of First Degree Murder in a South African courtroom.  The victim was his girlfriend, Reeva Steenkamp.  Pistorius is currently testifying on his own behalf regarding the circumstances surrounding the night he shot his girlfriend in a bathroom stall.  I won’t try to reiterate the evidence presented and Pistorius’ testimony.  If you’re reading this, you are probably fairly familiar with the trial.

Regarding Pistorius’ courtroom demeanor, I’ve never seen or heard anything comparable.  He has cried, wailed, vomited, agonized, and carried on like no other.

We are either seeing extreme remorse or a potential academy award worthy performance.  It makes one wonder if Pistorius is now, and was previously, a little unstable mentally.  A condition that would have likely contributed to the shooting.

In South Africa, there is no jury.  There is a judge and two ‘assessors’ that assist the judge.  They make the decision.  In a trial like this, with all the drama and involving an iconic South African celebrity, I think the South African system would be more likely than our jury system to arrive at a just verdict.  An American jury might be swayed by Pistorius’ overwrought testimony, but for an experienced, impartial judge that is doubtful.

Based on what I’ve heard of the evidence, I think he will be convicted.  However, the judge may reduce the charge to something less than ‘premeditated.’  Perhaps, murder in the second degree – if they have such a crime.  Murder probably, but murder that occurred during a violent rage without premeditation.

If convicted of anything less, I would wonder if the judge was influenced by the defendant’s popularity in South Africa.  We’ll see what happens.  Apparently, the judge will be required to set forth a detailed analysis of how she arrived at her decision.

True Nelson

Arthur Morgan III (Evil Personified) for the Murder of Teirra Morgan-Glover

Most of us don’t like to spend much time thinking about these things, but we should.  These are the reported incidents that make one question the existence of God.  Do they not?

For the people out there who are against the death sentence for some murders, all I can say is when will you finally awake from your self-satisfied and perpetual apathy?  There is evil among us:  incredible, horrible, inexplicable evil.

In this instance, I am referring to Arthur Morgan III (hopefully, there will never be a 4th).  This creature was recently convicted in New Jersey for the murder of his two year old daughter.  He is expected to receive life in prison without chance of parole.  He’s a relatively young guy so he will probably live many, many years and all at the taxpayers’ expense.

Arthur’s crime was to secure his two-year-old daughter to a child’s car seat, attach a weight to the seat, and then toss this baby girl into a stream where she drowned.  The medical examiner in the case estimated that it would have taken the child approximately three minutes to lose consciousness.

Arthur did this despicable act to hit back at the child’s mother, who was breaking off her relationship with him.

During a police interview, a detective asked Arthur if he said anything to the child before throwing her into the water.  “Yes,” he said.  “I told her I loved her, and I gave her a kiss.”  As he was leaving the crime scene, Arthur recalled, “I still heard some noises.”  “I heard her.  She sounded like she was crying.”  He then immediately beat feet for San Diego.

Are there some of you still out there that are against capital punishment for someone like Arthur Morgan III?  If so, what will it take?

This crime took place in New Jersey.  In 2007, said state abolished the death penalty.  Well, so much for New Jersey’s tough guy image.  You know the one they so proudly run up the flagpole.

Oregon, on the other hand, does have the death penalty, however our Governor, John Albert Kitzhaber, who tragically was ‘neutered’ (figuratively speaking) shortly after reaching manhood, doesn’t have the stomach to enforce Oregon law.

And, for those among you who would like to tell me about God’s ultimate vengeance and/ or forgiveness, don’t bother.  Arthur is probably carrying a Bible everywhere he goes these days.  I’ve seen it before.

True Nelson

Cinthya Garcia-Cisneros, age 19, Convicted for Hit and Run / My Thoughts

 

For those of us who live in the Portland Metro area, the story is familiar.  At approximately 8:00PM, last October, two young girls were playing in a pile of leaves at the side of a street.  ‘Leaf pick-up’ was to be the following morning.  Cinthya Garcia-Cisneros, 18 years of age at the time, on a lark, drove through the pile of leaves on her way home.  Anna Dieter-Eckerdt, age 6, was pronounced dead at the scene.  Her stepsister, Abigail Robinson, died later at a local hospital.  It was a tragedy.

Cinthya knew she had hit something, perhaps a rock she thought or hoped; but continued to her residence.  She undoubtedly suspected something untoward.  Her younger brother rode his bike back to the scene, saw that the two young girls were severely injured, and then rode home to inform his sister, Cinthya.

Cinthya and her boyfriend (who had also been in the car) did not return to the accident scene and report their possible involvement.  And, in fact, they made some efforts to conceal their responsibility including running their car through a car wash.  Cinthya was later identified by law enforcement and arrested.  She has now been convicted on two counts of ‘felony hit and run’ and as an illegal immigrant (brought to the US by her parents at age 4) is facing possible deportation.

The reason this case struck home with me, as I’m sure it has with many others, was due to my recollection of my own youth.  At 17 or 18, I did some really stupid things, often more dangerous and ill-conceived than driving through a pile of leaves along a street.  But, I was lucky.  Generally speaking, no one was seriously hurt by my actions, including me.  Nonetheless, I asked myself:  What would you do if you had encountered the same circumstances faced by Cinthya?

First off, driving through the pile of leaves, I could see me doing the very same thing, at 18, especially if trying to impress a girlfriend.  However, when I was made aware of the injuries, the similarities tend to evaporate at that point.  I would have talked to my parents, and they, I’m sure, would have told me to return to the scene, or taken me to the scene, and had me face the consequences.  If they were not available, I honestly believe I would have returned on my own.  But, I must admit, I was not facing the insecurities and trepidation of being an ‘illegal’ in the country.

I can recall an incident when I was about 7 or 8.  We lived in a somewhat dilapidated rented house in the middle of an orchard.  I had no friends nearby.  Down the drive, about 50 yards, there was a two-lane paved highway.  It seemed like a good idea to a very bored young boy; but I was ‘skipping’ rocks in front of cars – as I hid on the edge of the orchard.  One rock was a little too close to a speeding car.  It bounced up and cracked the windshield.  The car slammed on his brakes.  I ran as fast as I could back to the house, told my mother briefly I had done something terribly wrong and hid in the clothes hamper in my parents’ bedroom.  The driver came to the door, told my mother what happened, and advised that a young boy ran in the direction of our house.

Mom looked at the car.  She then, to my deep gratitude at the time, lied for me.  She said that young kids often played in the orchard and that no young boy lived at their house.  The driver left angry, but apparently did not call the sheriff’s office – as he should have probably done.  No one was injured, but it could have been so much worse.  I got a good scolding.

Did my mother do the right thing?  Probably not.  Did she later doubt herself?  My guess is yes.  She was angry, but never, to my knowledge, said anything to my dad.  Was she, also, frightened by the confrontation involving an irate man?  I believed at the time that she was.  Being a somewhat normal young boy, I did not learn the negative lesson that lying is the way to deal with bad circumstances.  I did learn a lesson that actions often have consequences and that I was responsible for my actions.  I felt guilty that my mother had to lie on my behalf.  More importantly, to my young mind, I hated the idea that she had been frightened over something that I had done.  I never put her in that position again.

Cinthya’s actions were naïve and stupid.  There was no possibility that she would remain undiscovered.  After all, she lived in the neighborhood.  It was an accident no doubt.  All she needed to do was return to the scene.  Consequences there would be, but not criminal charges.

Will she be deported?  I doubt it.  Does she deserve to be deported?  I don’t think so.

However, the question remains:  Why were two young girls playing in a pile of leaves, along a street, after dark?

True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues (Part 2)

A friend referred me to the following article regarding the missing 777.  I thought the article was very interesting and plausible - at least from my perspective.  The article, written by an experienced pilot, suggests a fire on board the flight.

The author of the article describes how a fire might occur, and the probable actions of the crew to save the aircraft.


http://www.wired.com/autopia/2014/03/mh370-electrical-fire/


True Nelson

Malaysia Air Flight 370 Mystery / Boeing 777 / Search Continues

We are all fascinated by the mystery surrounding the missing Malaysia Air Flight 370.  I know that I am.

I admit that I know little or nothing about the Boeing 777’s capabilities and security measures.  Furthermore, there have been so many theories and reports, so many contradictions, that even the ultimate experts seem baffled.  Pilot suicide just doesn’t make sense from so many aspects.  Why would the pilot fly for hours contemplating what he planned to do?  Ordinary terrorist attack:  why would they not take responsibility?  Mechanical failure:  based on what we know, that doesn’t seem feasible.

Barring an alien abduction (and I’m sure that some individuals will be presenting that possibility before long), I think, nonetheless, we can say with some certainty that a crime has been committed.  Just what crime, we do not know and may not know for a considerable period of time.

Even if it is determined that the pilots or passenger/s were not directly responsible, there still could be an explanation that too would be criminal.  I will give you an example.  What about the airplane’s cargo?  No one seems to have been talking about that.  Some sort of incapacitating gas could have accidentally or by design escaped from the cargo hold and overcome the passengers and crew.  An effort to turn back could have been the crew’s last attempt to save the airplane before they succumbed.

Could the plane have been carrying an illegal cargo of some kind and did the pilots know it?  Or could the gas have been a test, of sorts, to ascertain a new lethal capability for any number of terrorist groups?  And, if such an act was ultimately duplicated, somewhere in the world, would not this virtually destroy, at least for a long time, the airline industry?  If so, would it not be to a group’s perverted advantage to not claim responsibility – at least not now - perhaps never.

The airplane will be found.  I’m certain of that.  If it crashed into the water, there will be debris that floats, and will be discovered.  Currents will be studied and the potential location of the crash greatly focused.

In the meantime, the mystery has the attention of the world.  And the anguish of the passengers' and crew's families will continue.

True Nelson

U.S. Tax Code / A Criminal Conspiracy?

The U.S. Tax Code:  a criminal conspiracy.  It is not as far-fetched as you might first think.  Sure, it is lawful in the sense that it was enacted, in innumerable ways and on countless occasions, by our duly elected government officials.  But…

The Tax Code was designed to fund the U.S. Government, provide for the National defense, and to provide various, defined requirements of the citizenry, not as a personal resource for political reward.  That said, where is the conspiracy?

I just finished doing my taxes for 2013.  Every time I go through this process it makes me angry.  No, I am not a tax expert.  But, I am somewhat expert in recognizing the prima facie elements of a crime.

Are you aware that our Tax Code is currently 72,000 pages long; and that in 2006 it was about 10,000 pages?  Furthermore, no one person, even very highly paid tax attorneys, understand all aspects of the code, the exemptions, tax advantaged entities, the often undefinable initial reasons for the law, as well as any probable unintended consequences for each aspect.  So, why is it so long and complex, and why don’t politicians change it?  That’s simple.

Politicians have used the Code for personal gain.  How so?  Politicians have two major, self-serving goals and those goals are to stay in office and not be required to relinquish the power that they so love and have become accustomed to.  For decades, they have used the Code’s unfathomable complexity to reward principal donors and prominent constituents; as well as to blatantly use their resultant power to buy votes with the taxpayers’ money.  Look around, the elements of criminal conspiracy for personal gain are readily apparent in the actions of many politicians.  It’s not the Democrats or the Republicans.  It is most politicians with a very few exceptions.  And, if you look at any politician who has been able to maintain their position for more than about ten years (Presidents require less time), you are looking at the perpetrator of conspiracies that would under common law, applicable to the common citizen, be prosecutable.  You might even say that you are looking at a criminal.

If this was not true, honest politicians would simplify the tax code so that everyone could understand it.

That is, of course, never going to happen.

True Nelson

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

         

            Quote attributable to:  John Emerich Edward Dalberg Acton, aka Lord Acton        (1834-1912)