Sleepless in Midland

Help Wanted: City Manager, Midland, Texas

Mercer Group Inc. is advertising for the ideal candidate:

The ideal candidate for City Manager of the City of Midland will possess comprehensive knowledge of modern local government management principles and practices, concepts, methods and procedures. In addition, the successful individual will have proven interpersonal skills, be personable but professional, be forthright and be charismatic. The ideal candidate will also have strong organizational and budgeting abilities, have a good working knowledge of economic development, and be an effective steward of the City’s finances. The successful candidate shall also have experience as a city manager, deputy or assistant city manager. He/she shall have the ability to communicate effectively both orally and in writing and the ability to analyze complex problems and identify alternative solutions.

Link. Let's not settle for less.

Bonus:

Here are photos of two signs seen in Midland today. The message on the left is seen quite often these days. The one on the right, not so much.

The tv perp walk

The whole scene appeared to have been orchestrated to maximize Mr. David Allen's humiliation. If he had been offered the opportunity to present himself at the jail on his own it would seem reasonable to assume he would have taken that opportunity. But no. Someone made the decision to go to his house and arrest him. But first they had to notify every tv news crew and newspaper in the area and give them time to get there and set up.

Mr. David Allen was a theater professor at Midland College, but he surely didn't appreciate those theatrics. So now his job is gone, his friends are gone, and the community is repulsed by him. All of this is because of something Mr. Allen allegedly downloaded through the internet.

Were the handcuffs, waist chain and leg irons used because the arresting officers honestly thought Mr. Allen would take off running? Since it was a tv event anyway, one would think it would make a better show if he had taken off on foot.

And here's some irony. According to Bob Campbell's report, the prosecutor wants Mr. Allen held without bond in part because "[Mr. Allen] is a danger to the community and apparently to himself" as evidenced by his having been hospitalized for overdosing on panic disorder and anti-depression drugs. So here's what we have. The prosecution put Mr. Allen through a humiliating perp walk in front of tv cameras. Mr. Allen experienced an emotional reaction and took too many pills. And for this reaction the prosecutor wants him held without bond. If there was genuine concern for Mr. Allen's wellbeing one has to question why they opted for the tv perp walk.

So here are some relevant questions that hopefully will get answered before this is all over with. How many children did Mr. Allen physically touch in a sexual manner? If Mr. Allen didn't actually commit the injurious acts, who did? And have those people been prosecuted? Has the photographer been prosecuted?

And here's the obligatory disclaimer. I would never intentionally harm a child. I'm definitely not a fan of kiddie porn. But I strongly disapprove of these televised perp walks which don't achieve any real justice and don't seem to have any other purpose than to publicly humiliate someone we are supposed to presume is innocent.

Updated 5/26/08 - An individual who wishes to remain anonymous reported that at least one and probably all of the local news outlets received a telephone call from someone with ICE the night before letting them know about the arrest. ICE stands for Immigration and Customs Enforcement. What is their mission? Here's what their About page says:

What we stand for

Our mission is to protect America and uphold public safety. We fulfill this mission by identifying criminal activities and eliminating vulnerabilities that pose a threat to our nation’s borders, as well as enforcing economic, transportation and infrastructure security. By protecting our national and border security, ICE seeks to eliminate the potential threat of terrorist acts against the United States.

We must conclude from this that the tasks of securing the nation's borders and eliminating terrorist threats have been assigned lower priorities.

A new truck for the Fire Department

They can get people out a window on the 8th floor of a burning building. It's an impressive vehicle with the long reach of that 100' platform ladder and a basket that can carry a thousand pounds.

 

That brand new $800,000 fire truck rolled into town the other day, and this morning firefighters were making sure the water flowed at the advertised rate of 2,000 gallons per minute.

The manufacturer, Pierce Manufacturing Inc. of Appleton, Wisconsin, says it can flow water even in a 50 mph wind at ladder angles ranging from -8 to 75 degrees from horizontal.

And check out the flag on the grill.

A Memorial Bike Ride

The Midland Police Department hosted a 25 mile bike ride today to honor fallen police officers.  And just before the riders took off, Officer John Kerrigan read the names of 22 Texas officers who have been killed in the line of duty since May 1, 2007, along with the names of three MPD officers who have been killed since 1935.

In an amazing coincidence, there were 22 riders signed up to make the ride, one per fallen officer.

Although no one could guarantee their safety, this looks like a reasonably safe way to make a long bike ride -- there is safety in numbers especially with police vehicles in the front and back.  When a car or truck collides with a bicycle it's the bicyclist who usually pays the price.  It's a tragedy when it happens, and it's enough to discourage many who might otherwise like to ride a bike on public streets and roads (that would include me).  There have been some tragic accidents over the years locally, so maybe some of those riders today wearing PBBA T-shirts were honoring fallen cyclists as well.

WHEW! What a trial!

I'm sure everyone involved in that trial is relieved it's over.  The trial, of course, was State vs. Pickard which ended yesterday with the jury finding the defendant not guilty.  I attended as an observer with the intent of writing about it, and you can read the daily summaries here.

I had heard somewhere that arson cases are supposed to be difficult because there are so many elements to prove -- the prosecution has to prove not only that the fire was caused by arson but that the defendant caused it intentionally.  So this case became interesting as soon as the indictments were made public.

The case didn't really proceed the way I expected.  Fire investigators look at various things to tell them whether a fire is intentionally set, and I was expecting there to be some doubt as to whether it was, in fact, arson.  However, the defense stipulated in its opening statement that it was arson.  And evidence that gasoline soaked rags had been left throughout the house left no doubt about it.

So the case became much more human.  Did that particular defendant cause that particular fire?

The indictment was obtained almost three years ago by a prosecutor who is no longer with the Midland County District Attorney's office.  And, by the way, the person who was District Attorney back then is no longer there either, so a new set of people inherited this case. There were probably meetings in the incoming DA's office to decide whether to proceed or dismiss.  But the fire was definitely arson, and while there was no "bloody glove," there were several things that made the defendant look suspicious.  So at some point a decision must have been made to go forward with the case.

Looked at one way, the evidence suggests the defendant was guilty.  But looked at another way it could all be coincidental.  For each of those things that made the defendant look suspicious there was a reasonable explanation.  And ultimately the jury had to decide whether all of those suspicious elements when looked at as a whole indicated guilt, or whether the defendant simply through bad luck, coincidence and timing had all of these things happen that merely made an innocent person look guilty.  The jury must have decided that there was not enough evidence to prove him guilty beyond a reasonable doubt, and they found him not guilty.  That's the way our criminal justice system works.

So there I was on day one with my notebook, watching and writing, trying to look inconspicuous.  I stayed all day and showed up again the next day, so it didn't take long for people to get curious about why I was there.  And when they found out they were probably a little bit apprehensive about the idea of a blogger listening and  planning to write about what they said.  It would have been easier to wait until it was over and write about it in story form.  But I started the first day writing a chronology of the day's events, and so I continued in that fashion throughout the trial.  And when the people in the courtroom realized that I didn't have an iron in the fire, so to speak, we all got along very well.

On the last day after both sides rested the case went to the jury, and the Bailiff, Ronnie Beardon, kept very close tabs on them.  They all had to stay together, so when someone wanted a smoke break all 12 went outside.  They could talk about the case only when the group was together.  They couldn't make or receive any phone calls, and Mr. Beardon dutifully placed several calls to jurors' family members and business associates with instructions and messages.  And Mr. Beardon cheerfully relayed any return messages, although he did decline to deliver a kiss.

If a jury doesn't reach a verdict then they get sequestered overnight at the nearby Hilton.  They get an entire floor to themselves so that there is no possibility of outside interference.  There can be no tvs, radios or working telephones.  They can communicate with no one, and sheriff's deputies stand guard in the hall at night.  But that wasn't necessary this time.

The jury came back after seven hours of deliberation with a verdict:  Not guilty.  The defendant's wife let out a gasp that can only be described as the  sound of relief.  Eight grueling days of trial, and it was over.

There's still a civil case pending in which Mr. Pickard is suing his insurance company for payment on his claim for the loss of the house and contents.  And each day of testimony a lawyer from the firm representing the insurance company was in there taking notes.  But that trial is in the future.  And it's only about money.  This was the big one.