KWTN: The Blue Paper

PAGE ONE COMMENTARY The Acevedo Conviction: Did You Miss the Point?

by Michael R. Barnes

Given the publicity surrounding the charging, trial and conviction of suspended School Superintendent Acevedo, it’s reasonably safe to say that you may think that you’re up to speed, right? After all, you followed the story in the papers, didn’t you? You know what happened, don’t you?

I doubt it. I think there’s a good chance that you missed the real significance of what has happened here. So that is why I’m writing this article. But first, a few preliminaries.

This article is not about the allegations. This article is not a replay of what happened in the investigation. This article is not about the defendant, Mr. Acevedo. It’s not about what evidence was presented. Nor is this article about how the trial was conducted, what the witnesses said or what verdict resulted. It’s not about how the judge conducted the trial. It’s not about whether there will be an appeal or not.

Okay, you’re ready to say, so what is it about and why should I keep reading? Now I’m almost ready to tell you— but first a question, or maybe even a hint . . .

GUEST COMMENTARY: The High Cost of Low Government

By Michael R. Barnes

Attorney for Duck Tours First truth. The $8 million being paid to the Ducks should have come from the millions of tourists who visit Key West. It shouldn’t have come from the City of Key West.

Second truth. You are the City of Key West— not the buildings, not the streets, not the City employees and not the City Commission. Our City is its Citizens.

This commentary is about how YOU suffer the HIGH cost of LOW government. Remember that the Ducks just wanted to start a business in Key West. Had the Ducks been able to go into business in 1995, the Ducks would have made much more than $8 million.

That money would have been paid from our tourists and not from you. Here’s the proof of that.

In the first Ducks trial, after hearing evidence for three weeks, the jury returned a verdict of $13.5 million to compensate the Ducks for lost profits over the years that they could have been in business.

GUEST COMMENTARY: Lost to History

THOSE WHO CANNOT REMEMBER THE PAST ARE CONDEMNED TO REPEAT IT. OUR ELECTED OFFICIALS SEEM TO BE ESPECIALLY PRONE TO REPEAT THE SAME MISTAKES

by Jeanie Polston & Michael R. Barnes

NOTE: My co-author, Jeanie Polston, doubles as my mother-in-law. You’ll notice I gave her top billing in this commentary. The idea for this article was entirely hers. The words were ours— Michael Barnes.

Today’s fast living doesn’t seem to lend itself to the preservation of family history. Stop and think for a minute. How much do you know about what your great-grand parents were really like and what they did? For many of us even our grandparents’ life and stories are hazy. Ask yourself a few questions:

Where were my greatgrandparents born? Where were they raised? What did they do for a living? Did they have it easy or hard? Why? What did they value? What lessons would they want to pass on to us if they could? Many of these answers seem “lost to history.”

PAGE ONE COMMENTARY

THE WALL IS COMING

by Michael R. Barnes

PHOTO: THE WALL IN WASHINGTON
Photo credit: Seny Norasingh.
It appears on the cover of The Wall, a book of photographs of and writings about the Vietnam Veterans Memorial, published by Collins Publishers in 1987.

Around Veterans Day it seems appropriate to write about “The Wall”— the Vietnam Veterans Memorial Wall in Washington DC.

The preamble to the Vietnam Veterans Memorial states that the it is: “In honor of the men and women of the armed forces of the United States who served in the Vietnam War. The names of those who gave their lives and of those who remain missing are inscribed in the order they were taken from us.”

The full memorial officially consists of three separate individual memorials: “The Three Soldiers” statue, “The Vietnam Women’s Memorial” and “The Wall,” which is the most recognized memorial.

The wall listed 58,159 names when it was completed in 1993. By May 2007, there were 58,256 names, including eight women. A few names have been added each year where lost records of wartime death were found or those who died after the war from physical injuries as a result of the war could be confirmed.

But you don’t have to travel to Washington to visit “The Wall”— it also comes to you. “The Moving Wall” will be in Key West for two days, at Key West High School, December 12-14. A California Vietnam veteran, John Devitt, attended the 1982 dedication ceremonies of “The Wall.” He believed that the memorial had a “healing effect” on many veterans and families and began to work toward a transportable version. Using personal finances, he founded Vietnam Combat Veterans, Ltd. Its website can be found at www.themovingwall.org A half-size replica, “The Moving Wall,” was first put on display in Texas in 1984.

Opinion

THE HONEST COP: AN ENDANGERED SPECIES— PART 5

The KWPD — Where Leadership Does Matter

by Michael R. Barnes

Last week’s commentary demonstrated that, at the KWPD, the truth doesn’t matter. This week I’ll comment on what does matter. Leadership matters. This commentary will not be a primer on leadership. Frankly, true leadership is too important to even begin to try to describe it in a short commentary. Leadership also has many definitions.

A “soft” definition of leadership might be something like, “Leadership is influencing people by providing purpose, direction, and motivation to accomplish tasks and improve the organization.”

My favorite “hard” definition is that: “Leadership is going to the point of the attack and influencing the action.”

Opinion

THE HONEST COP: AN ENDANGERED SPECIES — PART 4

The KWPD— Where the Truth Doesn’t Matter

by Michael R. Barnes

As you know by now, my recent commentaries are on the broad issue of honesty and integrity in our government. I have used our own Key West Police Department “KWPD” as a continuing bad example. This week’s article demonstrates that, at the KWPD, the truth doesn’t matter.

Early this week, the KWPD, under Interim Chief Donnie Lee, issued a press release accusing Tom Neary of being “untruthful” with regard to his firearms qualifications. At the time they issued the press release, they had Neary’s file which confirmed his firearms qualifications. The record of Tom’s firearms qualifications proved that Tom had not been untruthful about his qualifications. But, at the KWPD the truth doesn’t matter.

In our last commentary, we demonstrated that in the Neary case, the KWPD, falsified evidence. We provided the proof from the KWPD’s own records that the KWPD changed the words from a covert KWPD THE HONEST COP: AN ENDANGERED SPECIES— PART 4 recording of Tom Neary in the written transcript, also prepared by KWPD to make Tom appear guilty. But, at the KWPD the truth doesn’t matter.

The Fourth of July!

by Michael Barnes

If you want to have a little fun at the expense of your intelligent friends, ask a few of them exactly what happened that caused us to celebrate the Fourth of July.

As most, but not all, of us remember we celebrate the 4th of July because it was on that date in 1776 when our Declaration of Independence was unanimously adopted. This memorable event happened in a meeting of representatives of the original thirteen United States of America.

The document was formally entitled “The Unanimous Declaration of the Thirteen United States of America.” It explained the justifications for separation from the British crown. The declaration was an expansion of Richard Henry Lee’s Resolution which was passed by Congress on July 2nd, which first proclaimed independence.

OPINION

The Honest Cop: An Endangered Species
Part 3

by Michael R. Barnes

My commentaries are on the broad issue of honesty and integrity in our government. I use our own Key West Police Department “KWPD” as a bad example. This week’s question is “Where do you draw the line?”

Last week, we demonstrated that in the Neary case, the KWPD, falsified evidence. We provided the proof from the KWPD’s own records. Here is a sentence that an independent court reporter transcribed and certified from the KWPD’s own covert audio recording:

NEARY: “He’s already overstepped his bounds because he already put FDLE on notice that they were going to do this, and you don’t do that.” Here is the language of the same sentence after it was changed by KWPD in their transcript.

OPINION

An Endangered Species: The Honest Key West Cop

PART 2 OF A SERIES

Commentary by Michael Barnes

Last week I shared with readers of “Barneslaw Q & A” that I’d be changing the format of my writing. I picked the broad issue of honesty and integrity in government as a place to start. I used our own Key West Police Department (KWPD) as a bad example.

As you read this commentary and those on the KWPD to come in the following weeks, try to keep in mind that the motto of our police department is “Respect, Integrity, Fairness.” We’ll see how they measure up.

As was the case last week, this article will be limited to the “closed” internal investigation (IA) on Officer Tom Neary and other information from the public record. Last week I ended my commentary with what I termed Outrage # 1. Here’s what we mean by that.

OPINION

An Endangered Species: The Honest Key West Cop

by Michael Barnes

Recently I shared with my readers of “Barneslaw Q & A” that I’d be changing the format of my writing. My commentaries now move from how the laws and legal system work to broader social issues that impact us all. This is the first of such articles. I’ve picked the broad issue of honesty and integrity in government as a place to start using the Key West Police Department (KWPD) as a bad example. Before you start thinking that I shouldn’t cite the entire Key West Police Department as a bad example, know this.

Years ago I was the KWPD union attorney. That means I represented cops. I like cops. I know that there are many fine officers. As in many things, a few bad examples in key places can ruin an organization. In this case, it means that the good cops, the honest cops don’t have much of a chance if they don’t “stay in the lines” drawn by the rogue cops in the KWPD.

Here’s a short break for a definition to keep us on common terms. “Rogue”— no longer obedient, belonging, or accepted and hence not controllable or answerable; deviating, renegade: a rogue cop; See http://dictionary.reference.com/browse/rogue.

BARNES LAW: Q&A

Done But Not Finished— Time For a Change

by Michael Barnes

The purpose of this Q & A is to share with my readers that I’m changing the format of my contribution in Key West the Newspaper. For that reason, this will be the last “Q & A,” but not the last of my contributions. Hence, the title, “Done but not Finished - Time for Change.”

THE PAST
As you may or may not be aware, I’ve provided “Q & A” in this newspaper, as a pro bono public service, every week, for a period of years. For the most part, “Q & A” shared information on everyday legal topics that many of us encounter on a regular basis.

If you find yourself in need of legal information without “Q & A,” my first suggestion is that you go to the Internet, and search for information on your specific problem. This is a excellent (and mostly free) place to start. It should give you an overview of your issue and a direction toward a remedy.

Barnes Law: Q&A

What Factors Affect the Cost of Auto Insurance?

by Michael R. Barnes

The factors of most importance in determining the size of you insurance premium are probably the combination of your driving history, your age and where you live. Where you live is a determining factor in the size of the premium you pay on your automobile insurance as you will see in this article.

States that have enacted no-fault auto insurance laws generally have lower rates than states that are otherwise similar. Each state is divided into rating territories based on population density, traffic congestion and other factors that influence the accident rate. Many times, areas will be sub-divided into cities and communities. In this age of computers, it is easy to feed in an address and get a statistical analysis of the relative accident history of the surrounding area.

Should You

Consult a Lawyer after an Automobile Accident?

by Michael R. Barnes

To make the proper decision with regard to legal representation, the first step is to read your insurance policy. Usually, under the terms of your contract with the automobile insurance company, the insurance company must represent you. This representation will be in place, provided that you have complied with all the conditions stated in your policy.

The attorney selected by your insurance company, will defend you in all matters concerning personal injury or property damage arising from an accident in which you are involved and for which you are covered in the policy. There are practical limits to the extent of the insurance company’s real interest in your case. Whether you need additional legal representation depends on the situation. For example:

What You Need to Know About

Automobile Accidents—Part Two

by Michael R. Barnes

If you are in an accident, even if you suffer no apparent injuries, it is a wise precaution to consult a doctor. A severe impact may have caused whiplash injury to the neck and spinal cord, which can ultimately cripple you. It may not become apparent for days or weeks after the accident. A bump on the head may have created a hairline fracture of the skull or brain damage not immediately evident.

Similarly, if you are the victim of an accident in which you have been shaken up, it is unwise to accept settlement or sign a release until your doctor is sure that no complications will result and that no permanent injury has been caused.

BARNES LAW: Q&A

What to Do After an Auto Accident

by Michael R. Barnes

STOP Florida law requires the driver of any vehicle involved in an accident to stop at the scene. You should not block traffic any more than necessary. If the accident involved a parked car or other property, you should attempt to locate the owner.

If you cannot, you are required to leave a conspicuous note, giving name address, and vehicle registration number.

You must then notify the police. If the accident involves an attended person or property, both parties are required to stop at or close to the scene without obstructing traffic any more than necessary.

BARNES LAW: Q&A

Money and Banking— Part 5

by Michael R. Barnes

Savings accounts differ from checking accounts in several ways. As the name of the account suggests, its purpose is to handle your savings rather than to give you the opportunity to use your current income to pay your bills and so forth.

Generally, savings accounts are accounts for the purpose of letting money accumulate. You are encouraged to make regular deposits, in return for which the bank pays you interest on the money. Checking accounts provide a way for you to pay bills, allow a larger number of checks to be written on the account and generally pay little or no interest.

Interest is what the bank pays you for the use of your money. The bank agrees to pay you interest at certain regular intervals, usually every quarter. Some banks pay interest form the day you open your account and from the day of deposit for additional deposits. Others pay interest commencing with the beginning of the quarterly period on all sums deposited in the first ten days.

BARNES LAW: Q&A

Money and Banking— Part 4

 

by Michael R. Barnes

So far we have discussed transactions among only three parties. These are the drawer of a check, the bank on which the check is drawn and the payee, the person or company or organization to whom the check is drawn. But several other things may also be involved.

Your check, that little piece of paper which you put into circulation by signing it and turning it over to someone else, may also go through several hands before it gets to your bank. The process, by which the payee you have named, designates another payee or other payees, is called “endorsement.” At least two kinds of endorsement are sometimes used.

One is called an “endorsement in full.” Your $25.00 check, made out to the order of your grocery store, the fictitious “Friendly Supermarket,” is almost as good as cash if properly endorsed. If, however your grocer owes $25.00 to one of his suppliers, he may pay his supplier by simply writing on the bank of your check “Pay to the order of “Best Foods Supermarket Supply Company” and signing his name.

BARNES LAW: Q&A

Money and Banking. How are different types of checks treated by the bank?
Part III of a Series.

by Michael Barnes

Every now and then the person or company from which you’re buying something expensive may demand proof that you have enough money in your bank to meet the amount of the check.

Let’s say that you inherit $8,000.00 from your Uncle Fred and decide to use $5,000.00 of it to pay cash for a new car, the car dealer may not believe you have $5,000.00 in the bank. He may not like your looks, or he may just have had another buyer ’s personal check returned and marked “no funds” – meaning that it bounced.

You have a choice of two ways of handling the problem. One is to go to your bank and have it make out a cashier’s check to you for the $5,000.00. Either the bank transfers $5,000.00 from your account to its own, or you write a check to the bank’s order for $5,000.00. With that $5,000.00 now in its control, the bank issues its $5,000.00 check to your order, you endorse it to the car dealer; if it is made out to the dealer, the result is the same: he has the bank’s official undertaking to pay him $5,000.00.

BARNES LAW: Q&A

Money and Banking— Part 2

by Michael R. Barnes

What do I need to know about money and banking? Different types of checks and accounts:

Last week we talked about the history of money and how that history lead to banking as we know it today. We discussed the use of checks and the different types of checking accounts including joint and business accounts.

We also suggested that if you are involved in a joint or a business checking account, it is best to have similar goals and interests, as well as complete trust in the person who joins you in the account.

PAGE ONE COMMENTARY

Do We Learn From Our Expensive Mistakes?
Is Neary vs. Mauldin Another Cooper vs. Dillon?

COOPER VS. DILLON MADE NEW LAW. CITIZENS (EVEN COPS) CAN NO LONGER BE PROSECUTED FOR SPEAKING OUT ABOUT WRONGDOING IN GOVERNMENT
CHIEF DILLON TRIED TO SILENCE COOPER— AND FAILED. NOW CHIEF MAULDIN IS TRYING TO SILENCE TOM NEARY

by Michael R. Barnes,
Citizen/Lawyer

Should we all have to take a course called “Key West History” or . . . are we doomed to repeat it? Take this quiz. Here’s the background: A Key West Police Chief is tired of his police department problems becoming public. The Chief is frustrated that he can’t get his department’s problems out of the newspaper. Finally, he does something really stupid. Soon after, the City is sued. After the lawsuit, the taxpayers are the ones hurt. Got it so far?

Now the quiz. “Are we describing the old case of Cooper v. Dillon or the new case of Neary v. Mauldin?

Sadly, many people have forgotten what happened between former Police Chief “Buz” Dillon and Key West The Newspaper publisher Dennis Reeves Cooper. Past is prologue. Pay attention. The similarities are not a coincidence:

BARNES LAW: Q&A

Money and Banking

by Michael R. Barnes

What do I need to know that money and banking? Part I of a series I recently uncovered, on the Internet, several modifications to famous quotations. Supposedly, schoolchildren were given famous quotations and encouraged to change them to better fit the times in which we live. The quotation that pertains to this article is sometimes called the “Serenity Prayer.”

You’re probably familiar with it. After it was modified, it came out, “Give me the strength to change the things I can, the grace to accept the things I cannot, and a great big bag of money. Since the children seem to understand the importance of money, maybe we adults should spend little time thinking about it as well. Let’s quickly review the history of money.

The times when money was not in use are long past. There are still isolated the countries where many things are directly exchanged, or “bartered,” but for the most part, we all have to deal with money.

BARNES LAW: Q&A

Better Biking— Part Two, Cycling Skills

by Michael R. Barnes

Last week we talked about some introductory bike riding issues, since the enforcement of bicycle laws has recently been in the news. If you missed that issue, you may want to see if you can find last week’s Key West the Newspaper and catch up.

If you are a new rider or plan to ride an unfamiliar bike, practice riding before you get into a real-life traffic situation. Practice your balance, circling and braking skills. Practice turning your head without swerving to simulate looking behind you for approaching traffic. Some riders find rear view mirrors helpful. You can also check with local organizations for training programs designed for new riders. If you are an accomplished rider, who hasn’t biked for sometime, its always a good idea to take a refresher course to ensure you are observing safe bicycling rules and current regulations.

BARNES LAW: Q&A

Better Biking— How to Do It Yourself

by Michael R. Barnes

Lately, bikes and biking have been in the news. Key West is the land of bikes. While we should enjoy that, let’s start with some sobering statistics:

• Each year, about 200 bicyclists under the age of 15 die as a result of crashes. Another 350,000 are injured. Almost a third of those injured sustain brain trauma.

• Bicycle crashes are most likely to occur within five blocks of home.

• Almost half of all bicycle crashes occur on driveways and sidewalks. Nearly one-fourth of the 7,000 people who die each year in bicycle crashes are schoolage youth ranging in age from 5 to 17.

BARNES LAW: Q&A

Domestic Violence— Part 3

by Michael R. Barnes

Let’s talk about what you can do if you’re having problems in the area of Domestic Violence in the Justice System.

Any violation of the conditions of the Injunction for Domestic or Repeat Violence should be reported to law enforcement, and you should ask for a copy of the report. If there is an emergency, call 911.

In some cases, an arrest can be made and criminal charges can be filed. Violations should also be reported to the Clerk of the Court. The Clerk can help you fill out the paperwork to report the violation to the Judge and to the State Attorney’s Office.

BARNES LAW: Q&A

Domestic Violence— Part 2

by Michael R. Barnes

Leaving an abusive relationship can be dangerous. If you plan to leave or have already left, here are some things to think about:

Get a Post Office Box or make arrangements for mail/ bills to be sent to friend’s address; have the phone, rent, utilities, etc placed in someone else’s name.

Get an Injunction for Protection and keep it with you at all times. Keep records of letters, notes or answering machine messages and promptly report violations to law enforcement.

BARNES LAW: Q&A

Domestic Violence

What Are The Warning Signs? (Part 1 of a Series)

by Michael Barnes

Domestic Violence is a pattern of controlling behavior by one person who has or has had a personal, intimate or family relationship with another person. This may be a spouse, an ex-spouse, a live-in partner, or someone with whom you have had a child. Domestic Violence may include making threats to you, slapping, choking or pushing, holding you down, kicking, forcing or pressuring you to have sex when you don’t want to, or any other types of unwanted touching.

Other people have been where you are. In 1996, more than 4 million women in the United States were abused by their partners, and unfortunately, almost 4,000 were killed. In that same year, injuries caused by Domestic Violence hurt more women than all of the auto accidents, mugging and all rapes combined. There are things that your partner may do that are considered “RED FLAGS.”

BARNES LAW: Q&A

Your Power to Make Law— Part 2

by Michael Barnes

Part 2 of 2 parts: How is an Initiative Petition or Referendum Processed and How Does It Become Law?

Last week we discussed the power that Initiatives and Referendums have to make necessary laws or to abolish laws that are offensive. We learned that an “initiative” is the power of the people to propose bills and laws, and to enact or reject them at the polls, independent of any legislative body or— YOUR POWER TO MAKE LAW.

We discovered that a “referendum” is the right reserved to the people of a state or subdivision to have submitted for their approval or rejection any law or part of law passed by a lawmaking body or—your power to abolish laws already on the books.

Michael Barnes

Michael R. Barnes practices law in Key West, Florida. His comments are provided as a pro bono community service and are not offered as legal advice for a particular set of circumstances.

If you are concerned that you may need a lawyer, you are encouraged to contact one and follow his or her advice for your individual situation.

2007 Key West The Newspaper articles