Wednesday, November 14, 2007

The Middle of the End (November 3, 2007)

The prosecution has rested on Thursday the 1st and we are now poised to begin our defense. This trial that I did not prepare for has been exhausting to manage on the fly but with God's help we are doing really well. I think we finished with a 90% chance of being convicted before we speak and that is pretty good. They have shot for a very certain target which is not where we reside. If I can only convince 12 people who know less about banking than my gullible uneducated clients that our intention was as a whistle blowing consumer advocacy then the tides will turn. The clients that came in are easily overcome and so are the bankers so the closing point is the credibility of Scott and Me. We were going to have a CPA testify but that was quashed by efforts of the prosecution which left me in a lurch with no outside credibility to our understanding of banking. Walker Todd was helpful in his first testimony though he is still tethered to the company line; He is being recalled and will testify on Monday the fifth. Hopefully I can elicit some better talking points especially if I am denied any expert testimony. Perhaps the loss of the CPA will net me a banker. The parties are willing but because of the short notice and the court's opposition to the truth there may be some hurdles to overcome. At the close of the government’s case a rule 29 motion for acquittal is optioned to the defense. I have prepared one without expectation but do believe it fully states the facts to preserve appeal issues. Secondly there will be the argument over jury instructions. This is generally where the judge decrees to the jury if they are breathing in their jail clothes they are guilty. To my surprise Mr. Alsup's instructions were not that painful. Are they prejudicial, most certainly, but not insurmountable. In the end the argument over these instructions will guarantee me a reversal on appeal. Don't worry I will not be going that direction but as a tactician I must be cautious and prevail on every front. I owe that as part of my duty. If you guys could only imagine what training it has taken me to prevail upon this court in a battle this severe with all the political ramifications you would be embarrassed that you thought of me so cheaply. I'm amazed at what surfaces within me at the time I need it and it is always there. Like Mordecai stated to Esther, "Perhaps you are called for such a time as this". It seems to make sense. Mr. Hall is one of the USA's most experienced trial lawyers and Judge Alsup is one of the benches mechanics so the deck is stacked but beating the best is what being a champion is all about. The enemy will not fear you if you beat their retards but if you beat their champion they have learned of your true strength.

By the time this post the jury can be in deliberation. History is here and what will she make of the men who have arrived to meet her. With God as my friend I am comforted through all my fears. Just a little note to all of you who are convinced they know me. You don't! Your advice is foolish to me and your opinion is irrelevant. Is there anyone out there who is humble enough to pray for me and tell me what the Lord wants me to hear or must I tolerate the flatulence of the self righteous to infinitum? My son does a drive-by and I should jump out of my skin. Those kids had access to me without difficulty for years and never once picked up the phone or wrote one letter unless I paid for it in advance. I've got kids that love me and I enjoy. Complain all they want about dented cans you've never seen, I've got dented kids I've never seen. If your mother is as great a woman as you say why did you show yourself to be such an ass on my Blog? Scott, yes I want to renew our friendship one day but must I tolerate your ignorance every time you appear on this Blog with a display of kindness and then an insult? You don't know me or 30 years of my history so how are you qualified to comment? What factual basis to you possess? Why is it so difficult for you to say I wish you well and hope to see you again someday? Don't preach to a kid who could care less about the Lord, as his father I can assure you that I have spent much quality time in prayer for his soul, far more than your cursory concern. I will manage that little brat according to the wisdom of God and not the opinion of men. Everyone one wants to give away the treasures of heaven to every fool seeking trinkets. Christ is the most valuable commodity in all creation and you want to give it away cheap to a kid who isn't seeking it. Who told you and fruity to do such a thing? It was not God because that is not consistent with His word. Look I don't know anything about you and nor do I have a Blog to even study your thoughts. I recall you as a genuine friend and sincere personality and I don't think the world would have changed you that much. If you have been a Christian for twenty years I suspect the Lord would only enhance these qualities and not diminish them. Don't go outside yourself to impress anyone on this Blog or to impress me. You would impress me more if you kept your comment to your understanding of the mortgage industry, friendship, the Lord, or how you relate to the world. I bet you understand your thought 100% better than you understand mine. I have studied my subject matter for over 25 years and it will be a long time before you will come close to comprehending the decisions I make. If we hook up again I will give you the opportunity but from a distance I promise you that you'll never know. For those of you who want to pray for the spiritual welfare of my children I thank you. Do not coddle the little rebel. Let him come on here and blast his father all he wants I'm thick skinned. He is in a long line of haters. He is in a short line of children but first he must get out of the other line. I don't expect this anytime soon and contrite platitudes will not make it come any faster. I have many wonderful things to tell him-when he shuts his mouth and opens his ears.

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